컴퓨터프로그램의 실행과 일시적 복제 법리에 관한 고찰

Abstract

The case discussed this paper is a leading case on temporary reproduction in Korea. According to Section 2(22), reproduction is defined as “the fixation or the reproduction in a tangible medium by means of printing, photographing, copying, sound or visual recording, or other means.” Making temporary copies in a RAM without authorization of the copyright owner may qualify a s copyright infringement with some exceptions, e.g. that digital copies may be temporarily reproduced during the course of computer processing to the extentdeemed necessary for efficient usage in a computer, Section 35bis. The Seoul High Court held that the temporary copies of a computer program in memory in the course of executing the program constitutes “reproduction” under the Copyright Act. In this case, the act of installing the software itself could not be copyright infringement, because the upgraded software was installed before the new software license was accepted. However, In Korea, the Copyright Act provides for the statutory grounds of temporary copies exception. Such temporary copies in memory was exempt from copyright infringement under Section 35bis of the Copyright Act, which permits certain types of temporary reproduction during use of a computer “for smooth and efficient information processing.” This study aims to offer a better understanding of the legal issues related to Execution of Computer Program and Temporary Reproduction.