제4차 산업혁명시대의 일본 저작권법 개정과 시사점 - '유연성 있는 권리제한규정'을 중심으로-

Abstract

Japan made a amendment of the copyright law in 2018 in preparation for the 4th Industrial Revolution era, which uses Internet of Things(IoT), Big Data and Artificial Intelligence (AI) technologies to create new added value. The purpose of this paper is to provide an understanding of the Japan's Copyright Law, and help in the interpretation and operation of Korea's Copyright Law by explaining the scope and discussion about amendment of the Japan's Copyright Law in 2018. Japan added individual and flexible provisions on the limitations of rights to the current law without introducing general and comprehensive limitations provision of rights such as the Korea's Copyright Law fair use provision(Article 35-3). This is a different legal system from that of Korea, and is worth studying of comparative law that it changes the basic concept of Japan's Copyright Law regarding limitations of rights. The amendment of the Japan's Copyright Law can be broadly divided into three categories. The first is a provision about using not intended for the enjoy of thoughts or feelings expressed in the works(Article 30-4). The second is a provision about the use with accompanying use of works in the electronic calculator(Article 47-4). The third is a provision about the slight use with accompanying the information processing by the electronic calculator and the provision of results of that(Article 47-5). Of these provisions, Articles 30-4 and 47-5 seem to play a central role in creating value through the use of Big Data. Through this amendment, Japan will be able to respond flexibly to promote innovation creation without the permission of the copyright holder in preparation for changes of use environment of works due to the progress of the digitalization and networking. On the other hand, Korea's Copyright Law does not have individual limitations provision of rights as the Japan's Copyright Law. Therefore, in Korea, Korea's Copyright Law fair use provision is likely to fulfill its function. However, the use of fair use provisions has the disadvantage of compromising legal stability by lacking clarity and predictability of the use behavior. Considering that it is essential to use copyrighted materials to build databases and provide information/location search services in the future, it is necessary to urgently develop relevant legal systems with the legal stability necessary for the smooth using of copyrighted materials. In this regard, Japan's operations, which have a similar industrial structure and legal environment as Korea, can be helpful. Specifically, it is also important to reorganize the guidelines on fair use provision necessary for the smooth use of copyrighted works. But, in my opinion, I think it is necessary to add individual provisions on the limitations of rights beyond the level of the guidelines with reference to the discussion before and after this amendment in Japan.