Earticle

초록

영어

The copyright system has made changes to new technologies and works, by establishing new objects to be protected, adding rights and so on. It is occurrence of digital copyrighted works based on digital technology that is most remarkable change in the present copyright system. The digital copyrighted works are all the works that can be used as digitalized from existing or new works, which normally have a form of database or can be included in a CD-ROM.
Although the copyright infringement through Internet is also an illegal activity by Civil Law, the holders of the right as an intangible property right have difficulty in proving damage caused by the infringement. The Copyright Act of Korea has thus provisions on the relief of the burden of proof of the holders in Articles 125 and 126. However, it is still being considered to be difficult to prove actual damages by
copyright infringement, and, what is worse, even if compensatory damages by the infringement are calculated, the amount calculated is such insignificant that it is an ineffective way to prevent pirates from infringing on copyright.
Here, the ‘enforcement of Intellectual Property’ of KORUS FTA will bring about a big change to the damages calculation of copyright infringement litigations in Korea;
that is about statutory damages.
The United States also has special articles of the Copyright Act like Korea, and the
statutory damages are most conspicuous. The first requirement for statutory damages is that an infringed work should be a registered one. There are three levels of pre-established damages: willfulness warrants the increase, innocence the decrease, and all the other cases are computed according to the standard measure.
Once the verdict of damages is made, a plaintiff cannot select freely statutory damages. Regardless of the number of infringement, statutory damages should be calculated by the number of infringed works which are numbered by their registration.
The Korean Copyright Act has had provisons on the presumption of the number of infringing copies since its enactment. The current Korean Copyright Act stipulates in Article 126 that the court may calculate damages, based on a purpose of proceedings and results from evidence examination, if the parties do not submit enough evidence to calculate damages. These institutions are quite different from the statutory damages but can be a good start as a linkage to the statutory damages. On such ground, the feasibility of introduction of the US Statutory Damages as an alternative has been reviewed.

목차

Ⅰ. 서언
 Ⅱ. 디지털 저작권의 개념
 Ⅲ. 현행 손해배상제도의 검토
  1. 민법상 손해배상책임
  2. 저작권법상 손해배상책임
  3. 현행 손해배상제도의 검토
 Ⅳ. 법정손해배상제도 도입에 대한 검토
  1. 미국의 법정손해배상제도
  2. 법정손해배상제도와 다른 제도와의 구별
  3. 우리 저작권법과 법정손해배상제도의 도입
 Ⅴ. 결어
 참고문헌
 

키워드

저자

• 이성우 [ Lee, Seong-woo ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  민사법의 이론과 실무 [Journal of Theory and Practics of Private Law]

• 간기

  연3회

• pISSN

  1598-9801

• 수록기간

  2002~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 365 DDC 347