DRM의 저작권법적 보호

서지정보

ㆍ발행기관 : 서울대학교 기술과법센터 ㆍ수록지정보 : LAW & TECHNOLOGY / 1권 / 1호
ㆍ저자명 : 임원선

목차

Ⅰ. 들어가면서
Ⅱ. 기술조치의 법적 보호와 관련한 쟁점의 검토
Ⅲ. DRM의 저작권법적 보호 현황
Ⅳ. 결 론

영어 초록

In the digital network environment, the copyright holders are increasingly resorting to technological measures to protect their rights in their works or other subject matters, in lieu of legal protection and legal remedies with that copyright law provided. However, even though the technological protection measures are becoming highly sophisticated, all the measures could be eventually defeated by technically sophisticated users or even the ordinary users with the aids of some circumvention devices or the skilled persons. Most of the delegations, gathered in Geneva, Switzerland in December 1996, recognized this problem and lastly agreed to introduce some protection to the technological measures for protecting copyright and neighbouring rights. There are two main issues with the protection of the technological measures. One is whether the access control measures are to be the subject matter of this protection, and another is how we can maintain the exceptions and limitations to the copyright intact, though the application and legal protection of the technological measures. On this issue of the needs of access control power, there seem to be and can be lots of pros and cons. Thus it is at present not proper to say that the introduction of access right or use right is appropriate or not. And, we can say clearly that we have never decided that kind of decision yet. That kind of control power must be given through the same way that the rights, authors already have, were given to them. It is clearly not through the back door, i.e. the provision of the protection of the technological measures. Technologies hear only the voice of their master and are blind to the purpose of using the works. Even though there is no legal protection, ordinary people cannot circumvent the technological measures for legitimate exploitation of a work. Using this situation, the right holders could extend their control over the boundaries of copyright. Without appropriate measures for preserving the room for the exceptions and limitations to the copyright, the liberty of users will be choked with the application and legal protection of the technological measures. If we want to preserve delicate balance on copyright regime, we have to review the impact of the application and legal protection of the technological measures, and take a appropriate measures for preserving the room for the exceptions and limitations to the copyright. If we are negligent to do so, we would fail to get the ultimate goal of sustainable development of culture and economy.

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