저작권 사용료 관련 분쟁해결제도에 관한 연구 －독일의 중재소제도를 중심으로－

This article deals with disputes resolution system relating to copyright royalty. The problem arises from a de facto or de jure monopoly position of collective management. The management society may abuse that position and set unreasonable tariffs to users. In case of dangers from the monopoly system, it should be a duty of collecting society, to determine copyright royalty tariffs fairly. The procedure should be secured to guarantee adequate tariffs. Where a court or administrative body is competent to control these matters, disputes between collecting management and copyright users should be settled with speedy and economic conditions, through impartial and experienced panel. The German copyright administrating act “Urheberrechtwahrnehmungsgesetz”) provides us a model for conciliation procedures. We can see the act's control function to eliminate possible dangers from the above monopolly in setting copyright royalty and contract conditions. First of all, it is interesting, that the german system gives temporary license to user by law. The interests of collecting society can be fairly balanced against the user. When Korea enacts an individual Act to control copyright collective management system, the German experience must be considered thoroughly in advance.