텍스트 및 데이터 마이닝을 목적으로 하는 타인의 저작물의 수집 이용과 저작재산권의 제한 - 인공지능의 빅데이터 활용을 중심으로 -

초록

It is difficult to obtain individual permission from copyright holders when collecting and using other people's copyrighted works for the purpose of Text and Data Mining(hereinafter, TDM). Therefore, it is important to interpret whether or not it falls under the copyright limitation regulations so that copyright infringement does not occur regarding TDM. Unlike German, UK and Japanese Copyright Acts, there are no special copyright limitations on TDM in Korean Copyright Act. Although the US Copyright Act does not have any special copyright limitations on TDM, the US is solving the TDM problem by applying the “fair use” regulation of Article 107 of the Copyright Act. Article 35-5 of the Korean Copyright Act “fair use of works” was created under the influence of Article 107 “fair use” of the US Copyright Act. Considering this legislative background, the rulings that the US courts denied copyright infringement by applying fair use regulations in search engine service cases such as the Google Books case will serve as a guideline for interpreting Article 35-5 of the Korean Copyright Act in relation to TDM. We can create guidelines that are useful to us by analyzing and typifying these US judgments. In this way, we will be able to increase the predictability of the TDM in the interpretation and application of Article 35-5.

키워드