인터넷에서의 사진저작물의 보호와 부정경쟁

This article deals with copyright cases, in which defendant uses plaintiff's photographs for advertisement of her website without consent. This article discusses on the tort doctrines to fill the gap between plaintiff's desire to prevent defendant from using her photographs for advertising purposes in the context of competition and the copyright tool to resolve the dispute. This article first introduces the facts and court decisions of related cases, and argues that though plaintiff claims defendant's copyright infringement, what plaintiff wants is not the return of her investment in creating photographs, but the prevention of competitors' free-riding. Therefore, this article argues that unfair competition approach is more appropriate than copyright approach in this context. However, the Korea Unfair Competition Prevention Act does not have a general provision prohibiting unfair competition, but provides an exhaustive list of unfair competition. Thus, development of tort doctrines to prevent unfair competition is necessary and at the core of the future discussion should be the test for the distinction of illegal competition from lawful one.