스트리밍 링크 사이트와 온라인서비스제공자의 저작권 침해 - 방조의 법리와 입법론적 개선을 중심으로 -

Abstract

Streaming link site OSP sets up internet links to the unauthorized works upload sites, post them to provide its users with a path to access unauthorized works, and get profits from banner advertisements, etc. These links increase users' substantive accessibility to sites that transmit unauthorized works, which are causing considerable damage to the right holders and related industries. However, since the link acts don't fulfill the components of copyright infringement in the current copyright laws, streaming link site OSP doesn't take the responsibility for direct infringement of copyright. Nevertheless, the decision of 2016나2087313 sentenced by Seoul High Court on 2017. 3. 30. ruled that the embedded link act of the streaming link site OSP was aiding of infringement of copyright by the unauthorized works upload site OSP, contrary to precedents that have previously reacted passively to the link acts. The above decision is meaningful in that it was the first to acknowledge legal responsibility for the link acts as a new aspect of infringement of copyright. However, since the subject of decision is limited to embedded links and link acts to unauthorized works upload sites, that decision cannot be applied to both more granular, diversified forms of infringement of copyright, such as secondary link acts that re-post links to primary streaming link sites. Thus, this study presented a new opinion that the streaming link site OSP's aiding liability regarding user's infringement of right of temporary reproduction should be acknowledged, focusing on temporary reproduction that occurs when users use the streaming link site. In this way, this study try to consistently resolve related issues, covering all link acts of streaming link site. However, there is no case that the Supreme Court ruled actively regarding the matter of copyright infringement by streaming link sites, and therefore it is difficult for the matter to be effectively sanctioned with the existing countermeasures and legal principles. Accordingly, this study reviewed countermeasures to the problems related to streaming links and suggested legislative improvements to discipline copyright infringement of streaming link sites. More specifically, to address the inefficiency of the current procedures for blocking access to overseas sites, this study proposed that the provisions as the legal basis for access blocking should be added to the provisions of Chapter 10 of the Copyright Act, based on Article 447 of Act on Promotion of Information and Communications Network Utilization And Information Protection. In addition, this study proposed that the public notice of the Ministry of Culture, Sports and Tourism regarding the special types of OSP should be revised, so that OSP posting links on the purpose of seeking profit could be included in the scope of special types of OSP. This research is meaningful in confirming whether the streaming link site OSP is responsible for aiding based on the decision of the Seoul High Court and presenting legal principles, which can be applied consistently to various acts of infringement caused by the link, by discussing the user's right of temporary reproduction. Korea also needs to review the infringement of copyright by linking in line with international trends, and this research is expected to be referenced in the interpretation of relevant laws.