UCC 저작권의 차별적 취급과 보상체제 - UCC 시대의 저작권 패러다임의 변화와 대안적 논의들을 중심으로 -

UCC(User Created Content) requires consideration from angles of differences of methods, purposes of creations and further use of created content rather than weighing on the creator subject issue, that is, it is created by amateurs not by professional creators. It is because UCC is not a newly introduced kind of content. It is the condensed expressions of social and cultural aspect of these times, whose positive desire to cultural consumption and cultural participation in this digital era has made it possible. Therefore it is not recommended to understand UCC as a creating subject changed content in the existing legal regulations and economic system which takes it for granted that production and consumption can be clearly divided into two parts. It would sound more efficient if we recognize first how the culture, i.e content is being consumed, the differences in the way of consumption and what kind of problems could be raised by this in the field of existing regulations and circulations system. Recreations can be also viewed as a part of existing content consumption and how to deal with this content comes under the issue of how to consume it as well. In this context, we can summarise the responses of stockholders striving to actively adjust to UCC era into as follows. First, closed free licensing, attempting to have differential treatment to UCC copyright in strategic consideration of content owner. Second, extended interpretation of currently allowed limitations and exceptions of copyright and spreading of free licensing system such as CCL(Creative Commons license) Third, introduction of extended collective licensing(ECL) and alternative compensation system, seeking fundamental change from a control right to a compensation right. Although the above said discussions deals with institutional and alternative discussions to the positive cultural consumption in this digital network age at first stage, it finally leads to and calls for reexamination of the present copyright paradigm. From each model substantial change of copyright system could be read. For instance emphasis on indicating the authors name and origin. In contrast, weakening of the right to preserve the integrity and right of the production of derivative works. With this change, profit nature of content use attracts attention as well. Under copyright system shift from closed to open management, conception of new business model and control of disapproved profit use by third party are rising as core issues to coordinate persons interested and maintain contents industry and this makes the judgement of profit nature of use a crucial legal issue. Last but not least, copyright is more and more forming its shape from property right to compensation right. So far various efforts have been made to overcome all the obstacle developed from current copyright system and as a result fruitful and practical alternatives are on the rise. CCL is the representative example of this wholly new copyright system. CCL has been successful in that it embodies systematically above mentioned changes and tries to approach to this present situation both theoretically and practically even on the voluntary participation basis. In addition, attempts to broaden interpretations of copyright limitations to present legitimacy to positive cultural consumption and participation has played a important role to seek systematic stability of current copyright system adjusting to recent changes. Meanwhile, both ECL and ACS being partly eclectic are technical outcomes of fourth wave, the most important, and expected to exercise critical influences on current copyright system if successfully reflected on the copyright act of Korea.