著作權法上 法定損害賠償制度의 導入에 대한 小考

Abstract

This paper deals with the problems of damages in the Korean Copyright Law and the introduction US Copyright Law with its statutory damages. To create copyrighted works, a huge effort should be delivered in terms of financial burden as well as periodically. However, the intangible assets and works are more vulnerable in infringement of rights and financial loss, even occasionally, surpassing the tangible assets. Even though Korean government has tried to regulate practical policies to protect copyright works, it is insufficient as terms of protection in the Copyright Law cannot be covered in many cases. The problems in infringement of copyright, as following;First, the current status of copyright law can be applied the Unlawful Act in civil law, being understood infringement acts as torts. In civil law, it is extremely difficult to ensure and prove the evidences as the plaintiff should take the burden of proof. Second, in case of conflict of law, the people directly or indirectly involved often play the legal actions throughout criminal suit procedure, instead of civil suit procedure. The Statutory Damages Regime under the Copyright Act is entitled to certain rights in assuring adequate compensation for plaintiff, under the judgment of financial evaluation within the ranges of its minimum and maximum. Although this policy will be beneficial for the copyright holders, we should pay a particular attention to adopt the legal act, considering the various issues such as the determination of amount of actual damages, deterrence of the defendant, and so forth. Thus, it is significant to review and re-analyze the statutory damages under the copyright act, concerning the various factors such as economic conditions, volume and size of copyright frauds, and any related cases at the national level.