디지털콘텐츠의 유동화와 지적재산권의 과제(デジタルコンテンツの流動化と知的財産制度の課題)

Abstract

As the transmission speed of large sized content is getting faster, copyright infringements concerning broadcasting contents have been increasing. If an Internet-user reproduces and distributes the author`s works by OSP without his admission, he trespasses the author`s right. The liability of OSP is a critical issue in regard to the author`s works distribution. When copyright infringement is concerned, OSP, as a medium for distribution, should be reliable for indirect liability such as aid and abetment. Excessive obligation of care or compensation, vise versa, would result in shrink participation, accordingly, jeopardize the active distribution. The essential part of OSP`s liability is `notice and takedown`, which is ex post facto remedy for the infringement. These provisions are concerning exemption under the Copyright Act article 102, 103. Article 104 requires the special type of OSP to apply technological measures to prevent illegal transmission of files on the request of copyright owners. Article 104 requires special types of OSP that are relatively more vulnerable to infringement to design technical measure for the protection of copyrighted works and imposes fine for negligence. However, facing criticisms on its obligatory feature and on violation of technical neutrality.