링크행위 규제를 위한 일본 저작권법 개정과 시사점

Abstract

The biggest advantage of the Internet-connected world is that it is a free and open space, and it should be avoided from such acts that hinder freedom and openness. However, where certain actions clearly result in infringement of rights and serious damage is caused by such infringement, measures are needed to prevent the damage, and such actions will play a role in protecting the positive aspects of the world connected to the Internet. For those who need information, the act of linking the information to the information they need. However, if such information leads to illegal information, such information will result in negative consequences as infringement and damage. According to the attitude of the Korean court and related legal provisions, it is not easy to prevent copyright holders from being harmed by the spread of illegal copies through links. Thus, legislative efforts are needed to improve the reality that it is extremely difficult to protect the rights of copyright holders. Japan has begun to respond positively to the damage caused by links, and the revised law restricts illegal downloading across link sites and copyrighted works. We need to respond to the infringement of rights caused by the act of linking, referring to the revised law of Japan. Therefore, we will consider revising Article 124 of the Copyright Law to constitute the act of providing links to illegal reproductions as an act of infringement of copyright and establishing a punishment for such act. However, further discussion is necessary on the subject of the restriction on the download of illegally uploaded works. In addition, in the case of platform service providers, regulations should basically not be applied. Of course, such legal regulations should be accompanied by active education and publicity for copyright protection.