인터넷이용자 제작 콘텐츠(UCC)와 관련한 법적 문제점

Abstract

Web 2.0 and User Created Contents(here in after ‘UCC’) are based on the idea of ‘participation, openness, and common ownership’. But recently UCC provokes some legal problems. These legal problems are following. The first problem is the infringement of author’s copyright through production and distribution of UCC by UCC creator. Especially the infringement of author’s copyright by UCC which is created through modifying existing movies or broadcasting programms is considered seriously. In nature, UCC is charactered by modifying existing author’s work. In this point of view, the problem of the infringement of author’s copyright should be solved more flexibly. The Second problem is the violation of the Election Act through electoral UCC or political UCC. The current regulation systems of the Public Official Election Act were enacted focusing on offline media. But these regulation systems are adapted to online media without reflecting the characters of the Internet. Consequently, these regulation systems have risks of chilling people’s free political speech in public sphere. Therefore the regulation systems of Internet election campaign should be abolished or reduced boldly. The third problem is the range of the legal liabilities of UCC service provider as a online service provider. Online service providers are divided to three categories according to its functions in carriage of information. The three categories are Internet Service Provider(ISP), Internet Content Host(ICH), Content Provider(CP). In nature, UCC service provider is a kind of Internet Content Host(ICH). Therefore the most important points for the legal liabilities of UCC service provider are ‘actual knowledge’ and ‘technical possibilities’. Consequently, for solving problems of the legal liabilities of UCC service provider, all circumstances including these two points should be considered synthetically according concrete facts.