저작권법상 수업목적 저작물의 이용과 보상금의 분배

초록

The purpose of this paper is to study the distribution of compensation in case of using copyrighted works for teaching purpose. Article 25 (4) and Article 31 (5) of the Copyright Act stipulate that copyright is limited if certain requirements are met. In such cases, a person who uses the copyrighted work under a copyright limitation will have a statutory license, which obliges him to pay compensation. There are four types of obligation to pay such compensation. First, it is the compensation that occurs when a work is in a school textbook pursuant to Article 25 (1) and (4) of the Copyright Act. Second, it is the compensation that arises when a copyrighted work is used for teaching purposes pursuant to Article 25 (2) and (4) of the Copyright Act. Third, it is the compensation that arises when a copyrighted work is used for the purpose of supporting the teaching according to Article 25 Clause (2) and (4) of the Copyright Act. Fourth, it is the compensation that arises when a work is used in the library pursuant to Article 31 (5) of the Copyright Act. Of these four types, this paper only deals with the second type of compensation. The subjects of the study are divided into two parts to examine “whether to distribute compensation to the publisher in the case of using a work for teaching purposes”(part II), and “how to use the non-distributable compensation for the public interest purposes”(part III). These two parts are all related to problems that have not yet been solved around the distribution of compensation in the case of using a work for teaching purposes. This is one of the reasons why we have not yet solved the problem of such compensation for teaching purpose. First of all, there was a lack of research on the history of the establishment of the statute of law, under which historical background the Article 25 (2) and (4) of the Copyright Act was made. Second, there is a lack of research on how to evaluate Article 25 (2) and (4) of the Copyright Act from a comparative perspective. I hope this paper will serve as a starting point for reflection on the lack of research so far.

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