A Comparative Study on Safe Harbor and Takedown Notice for Online Service Providers

• 영문명: A Comparative Study on Safe Harbor and Takedown Notice for Online Service Providers
• 발행기관: 한국무역연구원
• 저자명: Sungho Bae
• 간행물 정보: 『무역연구』제9권 제6호, 683~699쪽, 전체 17쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2013.11.30

영문 초록

Among various legal issues arising from social network services (SNS), copyright infringement is one of the most frequently occurring legal violations. With dissemination of smart-phones, copyright infringement has escalated. Section 512 of the Digital Millennium Copyright Act (DMCA) and Chapter 18 of the KORUS FTA handle the issue through safe harbor provision and takedown notice clause. Many legal disputes including Viacom v. YouTube have been brought to courts, and majority of the cases are still pending for the courts' decision in the United States. In addition, it is unfortunate that the number of copyright infringement in South Korea has not been decreased as much as expected since the ratification of the KORUS FTA. It is critical for service providers. copyright owners, and the SNS users to understand how safe harbor protection provision and takedown notice clause works. Therefore, this paper attempts to compare similarities and differences of safe harbor provision and takedown clause between the DMCA and KORUS FTA.

목차

Abstract

Ⅰ. Introduction

Ⅱ. Digital Millennium Copyright Act

Ⅲ. Section 512 of the DMCA

Ⅳ. Chapter 18 of the KORUS FTA

Ⅴ. Summary and Conclusions

References

키워드

Digital Millennium Copyright Act KORUS FTA Copyright infringement Safe Harbor Takedown Notice