저작권법상 복제의 해석과 적용: 건축물의 복제, 사적 복제, 일시적 복제를 중심으로

초록

The Copyright Act of 1957 did not define copying, but the Copyright Act has been amended several times to reflect changes in the use of copyrighted works. The Copyright Act distinguishes reproduction under copyright law between “temporary or permanent fixation in a tangible object” and “reproduction in a tangible object,” but does not include intangible uses. However, it is necessary to actively consider revising the law in light of criticisms that the copyright law's reproduction rules do not adequately reflect changes in the digital environment, inconsistent terms of reproduction in copyright restrictions, and the removal of the concept of reproduction of architectural works from the concept of reproduction. The European Court of Justice (ECJ) recently ruled that private copies stored in the cloud fall under the private copying exception, but the right holder must be fairly compensated. Considering that digital copying, unlike conventional analog copying, is evolving dramatically in terms of copying time, copying costs, and the quantity and quality of copying, this ruling, which seeks an appropriate balance between protecting the rights of authors and fair use by users, has significant implications for the need to establish a new exception for private copying and a fair compensation system. Given the development of digital technology in Korea and the generalization of cloud services as well as the sale and use of digital devices capable of private copying, it is imperative to introduce a private copying compensation system.

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