Distribution of copyrighted works on the Internet 인테넷상의 저작물 배포 ？ 미국 저작권법 하에서의 분석

Abstract

Distribution of copyrighted works on the Internet(Analysis under the US Copyright Act)Cho, Sung-JaWhen an individual uploads his particular copy of a copyrighted works over the Internet, his uploading constitutes not only “distribution” defined under Section 106(3), but also “public display” under Section 106(5) of the US Copyright Act. The individual’s liability to infringe the copyright owner’s exclusive right to distribute the copyrighted works may be exempt under the first sale doctrine under Section 109(a) of the Act. However, his liability to infringe the copyright owner’s exclusive right to publicly display the copyrighted works cannot be exempt under the first sale doctrine. Thus, when an individual distributes a copy of copyrighted works over the Internet, he will be liable for infringing the copyright owner’s exclusive right to display publicly the copyrighted works, and responsible for copyright infringement under Section 501 of the US Copyright Act.