디지털 환경과 저작권 패러다임의 변화에 관한 연구-레식의 카피레프트 이론을 중심으로

Abstract

While the spirit of copyright inspires writers’desire of creation through protection of their rights, shared information leads cultural progression. The copyright, however, has been seriously challenged by digital environment. Computers and digital renovations bring fundamental changes in the traditional notion of intellectual property right and shake the existing copyright paradigm system, which has developed with priority given to presswork. The new copyright paradigm which is led by digital environment is the notion of copyleft which is the core of Lessig’s Free Culture theory. The notion is composed of the totally different regulatory system from the traditional method, distinction of technical attributes and changes of markets where digital products are traded. The copyleft leads consumer movements in digital era, raising issues especially about contents of copyright including reproduction and transmission, limits of fair use and protection period, and freedom of expression. The examples of ‘copyleft movement’ include free software, open software, creative commons(CC), and information sharing movement(IP Left). The agenda of digital which is raised by the new environment includes introduction of formalism requiring registration of copyright and maintenance of an offense subject to complaints, a type of right redress. It is clear that due to those kinds of changes in copyright environment, the existing regulations cannot control the new internet environment. So it is necessary to have a new copyright mechanism to be able to lead free communication and at the same time cultural development.