IPTV 실시간 방송 재전송의 법적 성격과 저작인접권자 보호 문제 - 기술적 특성을 중심으로 -

Abstract

An important problem with the growing popularity of IPTV(Internet Protocol Television) is the issue of real-time retransmitting of the terrestrial broadcasting programs. Because IPTV service providers have little self-contents and Terrestrial Broadcasting service providers, such as MBC, KBS and SBS, occupy most of the ratings in reality, real-time retransmitting of the terrestrial broadcasting programs must be core contents. For this reason, Terrestrial Broadcasting service providers and IPTV service providers have had numerous debates over the copyright issues. However, aside from copyright problems of the both parties, it is a protection of neighboring copyrights holder that we tend to miss. A new problem of losing protection may arise depending on how one considers ‘real-time retransmitting of the terrestrial broadcasting programs of IPTV’ as broadcasting or transmission in the case of neighboring rights holder. The paper looks into the legal nature through legal and technical analysis of IPTV to resolve this problem. IPTV should be accepted as a third type of public transmission that is different from broadcasting or transmission technically as well as legally. Though the rights of the neighboring rights holder was not protected when IPTV was considered as the third type of public transmission, it does not create conflicts with the international treaty. The right holder is not protected due to such problems, and thus a countermeasure to resolve the problem must be made available as soon as possible.