저작권 간접침해에 대한 금지청구
Injunctive Relief to Copyright’s Indirect Infringement
전성태(경희법학연구소)
53호, 194~217쪽
초록
In recent years, Great attention has been shown to the question of copyright infringement of ‘Online Service Provider’(OSP). For the most part, this problems about ‘OSP’ have tended to center around of the question of legal responsibility. But to date, there has been minimal research regarding injunction of copyright’s indirect infringement. Therefore, This article addresses issues which are of injunction of copyright’s indirect infringement. In sanction of injunction, we have problems of the interpretation and application of article 123 of Copyright Act of Korea. It is problem about the range of injunction. Civil law in korea generally doesn’t permission injunctive relief in illegal action. Nevertheless, scholars and judges of korea is authorizing injunctive relief about OSP which were aiding and abetting copyright infringement. Therefore, to begin with, I would like to examine validation of the interpretation in article 123 and 124 of copyright law. To examine that framework in regard to approval of injunctive relief in backer of copyright infringement, we need to consider two point which are legal nature of copyright and meaning of injunctive relief. In this article, I examined in two point about injunctive relief in copyright’s indirect infringement and presented a few my opinions.
Abstract
In recent years, Great attention has been shown to the question of copyright infringement of ‘Online Service Provider’(OSP). For the most part, this problems about ‘OSP’ have tended to center around of the question of legal responsibility. But to date, there has been minimal research regarding injunction of copyright’s indirect infringement. Therefore, This article addresses issues which are of injunction of copyright’s indirect infringement. In sanction of injunction, we have problems of the interpretation and application of article 123 of Copyright Act of Korea. It is problem about the range of injunction. Civil law in korea generally doesn’t permission injunctive relief in illegal action. Nevertheless, scholars and judges of korea is authorizing injunctive relief about OSP which were aiding and abetting copyright infringement. Therefore, to begin with, I would like to examine validation of the interpretation in article 123 and 124 of copyright law. To examine that framework in regard to approval of injunctive relief in backer of copyright infringement, we need to consider two point which are legal nature of copyright and meaning of injunctive relief. In this article, I examined in two point about injunctive relief in copyright’s indirect infringement and presented a few my opinions.
- 발행기관:
- 세창출판사
- 분류:
- 지적재산권법