기술적 보호조치와 저작재산권의 제한

In essence, the intellectual property right is exercised by permitting an authorized use of the copyrighted works. The technological innovation of internet and digital contents has provided us the platform for the marketplace of trading various copyrighted works. On the other hand, these digital contents are easy to make copies so that illegal copies have caused monetary damages to the copyright holders. Accordingly, the copyright holders started to use the Technological Protection Measure as defense to the copyright infringement. However, consumers are hampered who paid fair prices for copy righted works since they are restricted in their use of the purchased items to the full extent. It isn’t only against the concept of ownership which allows one to use and enjoy property without any control, but also it is against the purpose of copyright law to promote the ‘Private Copying’ of copyrighted works. The foundation behind the advent of intellectual property is not only to provide financial incentives for the creation and dissemination of copyrighted works but also to promote fair use so that they expand the scope of human culture and technology, which leads to mutual prosperity However, Technological Protection Measure has affected the improper restriction on the rightful exercise of copyright users on the pretense of copy right protection. Therefore, we need to study the copyright limitation and copyright restriction in relation to the Technological Protection Measure