종합유선방송사업자의 지상파재송신과 저작권 쟁점에 관한 연구

Abstract

The study aims to examine the terrestrial broadcasting retrans- mission issue of CATV and to suggest the legal solution for conflicts between the broadcasting industries and system operator(SO) about issues surrounding terrestrial broadcasting retransmission. The development of the cable television industry has been fraught with copyright and regulatory problems. The reasonable absence of cable copyright liability has created an imbalance in the rights enjoyed by broadcasters, copyright holders and SO. The current copyright regime for ‘terrestrial broadcasting retransmission’ and ‘must carry rule’ should be amended in order to maintain competitive fairness between the broadcasting industries, SO, etc. This article attempts that the imbalance would be rectified by the amendment of the Copyright Act and Broadcasting Act.