온라인상 저작권보호를 위한 자율규제 활성화

Abstract

The majority of online copyright infringement occurs on internet sites hosted by Online Service Providers(the “OSPs”). Up until now, the OSPs have been targeted in terms of legal liability due to a difficulty in identifying the individuals who committed direct infringement activities and financial inabilities of such direct infringers. However, there has been criticism that shifting much of the liability to the OSPs provisioned by the tightened regulation is likely to result in the chilling effect of the OSPs’ activities that have played critical roles in the proliferation of free distribution of information. Thus, it appears that we have reached a turning point that calls out for an efficient regulatory mechanism that promotes the free distribution of information, but yet still promotes the protection of copyright at the same time. This paper looks into a way to promote the collaboration and cooperation among the interested parties, especially, by the OSPs, for the protection of copyright in online world. This paper further proposes based on the current status of self-regulatory framework a promotion of self-regulation that addresses the specific concerns we face in Korea. The four proposals include (1) a modification of legislative framework that creates the mood for active participation by the OSPs in the self-regulatory framework (2) a promotion of participation of OSPs in self-regulatory bodies, (3) an active collaboration in filtering of infringing materials by and among the OSPs and the copyright owners, and (4) a preparation of a counterplan to be adopted by the OSPs to respond to the distribution of copyright-infringing contents.