일시적 복제에 관한 소고 – 최근 사례 중심으로 –

Abstract

Under the internet and mobile network circumstances, temporary reproduction be made inevitably by using digital works. In the past, under the former copyright act , the issue whether the temporary reproduction can be included the scope of reproduction was a highly controversial issue. After the Free Trade Agreement between the Republic of Korea and the United States of America, the amended copyright act clarified that temporary reproduction shall be included the scope of the reproduction by amending the definition provision. The main issue of discussion has changed from the recognition issue of temporary reproduction to the issue that how can it be protected to what extent and what can be exceptions and limitations. But there are still remaining ambiguous concepts and terms on the amended copyright act. Legislations and rulings can be used to establish the specific standards regarding temporary reproduction have yet to be set. Recently, Seoul Central District Court and the Court of Justice of the EU made rulings regarding temporary reproduction. Seoul Central District Court’s ruling is the first ruling of temporary reproduction under the amended copyright act after the Free Trade Agreement between the Republic of Korea and the United States of America. Court’s ruling addresses classic issue regarding temporary reproduction to RAM and other issues highly controversial. The Court of Justice of the EU made ruling that temporary reproduction made from ordinary web browsing does not infringe copyright. Article 5 (1) of Directive 2001/29/EC must be interpreted as meaning that the copies on the user’s computer screen and the copies in the internet cache of that computer’s hard disk, made by an end-user in the course of viewing a website, satisfy the conditions as well as the conditions laid down in Article 5 (5) of that directive, and that they may therefore be made without the authorization of the copyright holders. When similar cases will occur, these rulings can be considered to establish the specific standards regarding temporary reproduction.