UCC 제공 사이트의 저작권법적 책임

• 영문명: Copyright Infringement Liabilities of User-Generated-Contents providing Website
• 발행기관: 조선대학교 법학연구원
• 저자명: 최승수(Choi, Seung-Soo)
• 간행물 정보: 『법학논총』제15권 제2호, 189~206쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.10.30

영문 초록

User-Generated Contents represent web 2,0 which is characterized by participation, openness and sharing, Despite its original positive function, a fair number of UGC uploaded in various websites are not real UGC, but digital contents of TV program, film, animation and other ready-made copyrighted materials, It's just User-Copied Contents or User-Modified Contents, It raises serious copyright infringement problem and many content owners file lawsuits against User-Generated-Contents providing Websites, instead of direct infringers, For the purpose of effective and rapid enforcement, they are aiming online service providers which have deep pockets compared to individual direct uploaders, The thing is what is the legal basis to impose liabilities to OSPs, Even though OSPs do not infringe copyright directly and the uploaders without copyright owners' permission should be liable, why OSPs are liable to direct infringers activities? In United States, they find the legal basis of OSP's liability is contributory liability, vicarious liability and inducement liability based on common law, In Korea, the theory of 09"s liabilities has been built through long-lasting disputesbetween Soribada and sound recording owners, The Korean Courts generally agree OSP's liability on the theory that OSP is liable because it help direct infringer to commit to infringe copyright, The important defense from OSP is safe harbor provision of DMCA or the pertinent provision of Korea Copyright Act, Basically OSP which provide UCC in its website is not liable if it immediately take down copyrighted material after copyright owner notice to take down, The decisive lawsuit between Viacom vs, YouTube are currently proceeding and according to the result almost every OSP'future should be influenced, In Korean, similar lawsuits were filed against UGC-providing website-Pandora TV, The Court's answer to Pandora's safe harbor defense is very negative, Therefore most Korean 09"s future is very gloomy,

목차

I . UCC 개관

II. UCC 서비스 사업자에 대한 저작권법 침해책임의 근거

III..ISP 면책조항

IV. 저작권 침해소송의 한계와 상생모색의 가능성

키워드

ISP User Generated Contents UGC safe harbor copyright infringement secondary liability