TRIPs 협정과 우리 저작권법 제29조 제2항의 양립성

The Compatibility with TRIPs Agreement and Article 29(2) of Copyright Act - focus on US Copyright Act Case -

The provisions of Article 29(2) place limitations and exceptions on the exclusive rights provided to owners of copyright in Article 17 of the Copyright Act in respect of certain performances. Article 13 of the TRIPS Agreement is the general exception clause applicable to exclusive rights of copyright and it requires that limitations and exceptions to exclusive rights (1) be confined to certain special cases, (2) do not conflict with a normal exploitation of the work, and (3) do not unreasonably prejudice the legitimate interests of the right holder. The purpose of this paper is to examine that whether Article 29(2) of Copyright Act meet the conditions of Article 13 of the TRIPS Agreement. This paper examine US Copyright Act Case and analysis Interpretation of the panel for the three conditions of Article 13 of TRIPS Agreement. After that this paper analysis Article 29(2) of the Copyright Act and suggest the direction of an appropriate amendment.