음악 스트리밍 서비스의 이용은 복제권 침해인가

• 영문명: Is the use of a music streaming service an infringement of the right of reproduction?
• 발행기관: 세창출판사
• 저자명: 곽재우(Jae-Woo Kwak)
• 간행물 정보: 『창작과 권리』2007년 봄호 (제46호), 49~75쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.03.01

영문 초록

The purpose of this study is to examine whether: (1) the use of a music streaming service corresponds to "reproduction" under the Korean Copyright Law (2) such use corresponds to a temporary reproduction even if not a complete reproduction (3) as a result of (1) and (2), public users infringe the right of reproduction of music copyright holders through such use. The study was carried out asfollows; 1. It analyzed the meaning of streaming service by examining the concept, nature, structure, and support protocol of music streaming service. 2. It studied whether the storage in a hard disk or RAM that accompanies the use of music streaming service corresponds to a "reproduction" under the Korean Copyright Law in a technical point of view. 3. Because there is a debate about whether the use of a music streaming service can be regarded as a temporary reproduction, this study examined the concept of temporary reproduction, and whether it may be accepted. 4. This study thenexamined whether public users can use a music streaming service freely for private use without the approval of music copyright holders, even if the use of the music streaming service is regarded as a temporary reproduction. This study reached the following conclusions: 1. Temporary reproduction does occur in a hard disk or RAM by the use of a music streaming service. But the use of a music streaming service itself cannot be regarded as a reproduction because it does not fix any data at all. 2. Even if a concept of temporary reproduction is accepted, the use of a music streaming service merely corresponds to a "private use" under Article 27 of the Korean Copyright Law, which is an exemption from illegality. 3. Claims against the use of a music streaming service based on "temporary reproduction" could be limited by the 'abuse of rights doctrine' in the Korean Civil Code.

목차

Ⅰ. 서론

Ⅱ. 스트리밍 서비스의 내용

Ⅲ. 음악 스트리밍 서비스 이용의 복제성

Ⅳ. 결론

참고문헌

Abstract

키워드

music streaming service infringement of the right of reproduction reproduction temporary reproduction private use abuse of rights doctrin