著作權法上 法定損害賠償制度의 導入과 問題點

Abstract

KORUS FTA provides it in article 18.10 Enforcement of Intellectual property. We examine general system of damages by copyright infringement, specific contents of KORUS FTA, U.S. statutory damages system, revised bills to the copyright Act. The U.S has special articles and the statutory damages in the most conspicuous. Generally damages even when the parties don't submit enough evidence to calculate damages. But U.S. statutory damages system is quite different we've calculation of damages on copyright infringement. The purpose of statutory damages is to compensate the copyright owner for lost profits and unascertainable actual damages, and also to deter future infringements. The statutory damages remedy eliminates the need to prove the profits, thereby avoiding the use of expensive time consuming the production of proof or the use of expert witnesses. statutory damages expedite the litigation process and induce settlement, particular in the case of obvious and willful infringement. But according to the korean law, the plaintiff is only able to recover his actual damages. The imposition of damage awards to punish unlawful conduce and deter future infringements has never been allowed. Implementing statutory damages in the copyright law of Korea, it should carefully consider that the amount of statutory damages must not be excessive in relation to the purpose. last, We must study the U.S. and other country system for better revision to our laws.