기술적 보호조치에 대한 법경제학적 분석에 따른 입법론의 검토

A Study on the Legislation on Technological Measures from Law and Economic Analysis -with a special reference to access control-

WIPO Copyright Treaty(WCT) and WIPO Performances and Phonograms Treaty(WPPT), called internet treaties, was concluded in 1996. Both treaties designed to reflect the digital environments have an provision on technological measures, providing "Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law." Although nothing on access control was agreed on the WCT and WPPT, DMCA and European Union's Copyright Directive recognize the right of access to the work. The problem is that this access control prohibits the fair use of copyrigted work. This paper focuses on the access control from the perspective of law and economics, and suggests that Korea implement and make use of an exception to access control, i.e, 'noninfringing uses of a work, performance, or phonogram in a particular class of works, performances, or phonograms' allowed under KORUS FTA.