미국 저작권법상 인터넷송신을 위한 권리

Rights for Internet Transmission under the U.S. Copyright Act

&nbsp;&nbsp;Article 8 of the WCT establishes a right applying to transmissions via digital media. However, the specific implementation of the right of communication to the public may depend on the national laws of the contracting parties. The WCT refers to the relative freedom of national legislators in choosing the right of distribution, the right of communication to the public, a combination of these rights, or a new right, to fulfill obligations under article 8 of the WCT.<BR>&nbsp;&nbsp;The U.S. Copyright Act did not establish a new right corresponding to the “right of communication to the public” in the WCT, while the preexisting rights such as rights of public performance, of display, of reproduction and of distribution cover the concept of communication to the public (including interactive transmission on the Internet).<BR>&nbsp;&nbsp;While the U.S. White Paper explains why certain issues were not addressed in proposed legislation, it detailed how many of the provisions in the pre existing U.S. Copyright Act would apply to digital technology and the Internet.<BR>&nbsp;&nbsp;Applying the right of distribution to internet transmission raises the issue of whether the U.S. Copyright Act will apply the first sale doctrine. The first sale doctrine does not allow the transmission of a copy of a work through a computer network. However, if a copy of a literary work is legally purchased on line and the copy so purchased is downloaded onto the purchaser&quot;s disk, the first sale doctrine allows the particular copy involved.<BR>&nbsp;&nbsp;The Korean Copyright Act introduced the concept of “communication to the public” in the WCT to establish a general right of transmission to the public. Therefore, many commentators have had opinions that the first sale doctrine does not allow the internet transmission under Korean Copyright Act.<BR>&nbsp;&nbsp;The settlement of the Korea US FTA negotiation included copyright issues such as the stipulation of temporary reproduction, which led to the revision of Korean Copyright Act.<BR>&nbsp;&nbsp;This article explains rights under the U.S. Copyright Act regarding internet transmission; whether the right of distribution among the rights can apply to internet transmission under the Korean Copyright Act.<BR>&nbsp;&nbsp;Further, it looks into the impact of the Korea US FTA on Korean Copyright Act in terms of temporary reproduction.