인터넷송신의 법적 지위에 관한 저작권법 개정방향 연구

Abstract

In response to the convergence phenomenon of broadcasting and telecommunication, Korea's Copyright Act introduced a kind of 'umbrella concept' called 'public communication' through its full revision in 2006. On the other hand, it took a position to newly introduce the concept of 'digital audio transmission', which is in the middle of broadcasting and 'making available' under the umbrella concept, 'public communication'. Today, as the proportion of real-time Internet transmission of audio-visual works has increased considerably, the inadequacy of the provisions which deal only with 'digital audio transmission' without dealing with 'digital film transmission' as an intermediate concept is becoming more and more evident. There are two major directions in regards to how to revise these provisions of current Korean Copyright Act. One direction is to delete the concept of 'digital audio transmission', which has been recognized as an intermediate area between 'broadcasting' and 'making available' since the 2006 revision, and incorporate them into the 'broadcasting' concept to move to a 'two division system' of 'broadcasting' and 'making available'. Another direction is to take a new 'three division system' by introducing the concept of 'digital simultaneous transmission' which includes both 'digital audio transmission' and 'digital video transmission' as a separate intermediate concept between 'broadcasting' and 'making available'. What this writing has focused on most is the question of which of these two directions is appropriate. In conclusion, a 'three division system' rather than a 'two division system' is the preferred direction. 'Three division system' has consistency with international treaties and international trends, and it is reasonable in terms of ensuring fair use of works while faithfully protecting rights holders according to the purpose of copyright act. Therefore, the correct direction to amend the current law is to introduce the concept of 'digital simultaneous transmission' with the same meaning as above, and based on it, modify and supplement related provisions, such as protection of neighboring rights, in a direction consistent with international treaties. However, IPTV broadcasting is the same as 'digital simultaneous transmission' in terms of technology, but more similar to 'broadcasting' in terms of social and economic substance. Therefore it is desirable to treat it as 'broadcasting' as an exception. The full revision proposal of the Copyright Act currently under discussion at the National Assembly basically takes such a direction, so its validity is recognized.