인터넷 환경 하에서 저작권의 제한에 관한 연구 - 저작권법 제28조 및 제30조를 중심으로 -

초록

In a world of instant global communication, advanced information technology serves to shift the focus from the information itself to how the information is used and communicated. With the growth of the internet, copyright matters are becoming more important to exchange of information between copyright holders and users. From this perspective, this paper is intended as a study on exceptions and limitations of copyright under internet environment, which is focused on Article 28 and 30 of the Korean Copyright Act (hereinafter “the Copyright Act”). Firstly, I will deal with the interpretation and its limit of Article 28 of the Copyright Act under internet environment. In relating to this issue, I will examine the formation and development process of so-called “the principal-subordinate test” and the genealogy and systematic formation of so-called “the comprehensive considering test”, then I will discuss a readjustment of the scope of application of Article 28 with regard to Article 35ter which was introduced in 2011. After that I will point out copyright infringement issues on the service for recording and watching TV programs from remote area using internet and the “Cloud” computing service relating to free reproduction for private or personal use under Article 30. Finally, I will present the interpretation of Article 30 and its Proviso of the Copyright Act.

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