영상저작물에 포함된 음악저작물이 저작권법 제133조의3에 따른 ‘시정조치 권고’의 대상에 해당하는지 여부에 관한 연구

초록

The corrective recommendation under Article 133-3 of the Copyright Act is unique to Korean copyright Act. Corrective recommendation refers to recommendations for deletion or suspension of illegal reproduction transmission to OSPs, warning to interactive transmitter of reproductions, and account suspension concerning those who repetitively transmit illegal reproductions in order to eradicate distribution of online reproductions in accordance with Article 133-3 of the Copyright Act. Upon failure to implement the corrective recommendations from the KCOPA, the Minister of Culture, Sports and Tourism can order deletion, account suspension, bullet inboard suspension, etc., by considering the impact to the copyright distribution order, etc., based on Article 133-2 of the same Act. The purpose of this paper is to examine three issues on a case-by-case basis to determine whether musical works incorporated in cinematographic works are subject to these corrective recommendations.

키워드