디지털 샘플링(Digital Sampling)에 관한 저작권법적 연구

Study concerning Digital Sampling in the Copyright Regime

Due to the existence of computer and development of its technology, anybody may make new music with the help of the synthesizer which is not expensive, and the problems about the digital sampling of sound recording have arisen in Korea. However, Korean courts have not decided any case because most issues about digital sampling have been settled before going to court. Therefore, this article introduces some U.S. cases and BGH cases to help Korean courts to decide in the future. Finally, this article argues the de minimis use test and fair use doctrine in U.S. courts should be applied to most digital sampling case to promote the progress of culture and Korean courts should not follow the BGH reasoning because, in most digital sampling cases, most people may not recognize the original music in the new music.