DRM(디지털권리관리)의 의의에 관한 일 고찰 － 저작물의 원활한 이용의 관점에서 －

Digital technology has facilitated illegal copies of copyrighted works by enabling users to access contents, illegally reproduce and disseminate it in unexpected ways. Such copying and dissemination are likely to be unlawful as a breach of copyright, but enforcement of those copyrights is extremely difficult in the digital environment. The digital technology makes content providers hesitate to make their contents available on the Internet. Thus, to secure their profits, the copyright owners have required supplementary measures, such as technological protection measures(TPM). The advent of TPM enables copyright owners to control users’ behavior, however, it precludes users from freely accessing works. Since access to authorized works has traditionally been in the “fair use domain” or “public domain”, users have believed such access is unlimited. But fair use as free use may be no more appropriate in the digital environment where there is a ready market or means to pay for the use. Accordingly, the alternative system is necessary to meet the interests of both right holders and users in the digital environment. DRM can be an alternative solution because users make lawful use of a work without prior authorization in easier ways and simultaneously rights owners make profits by securely providing users with their works online. Copyright law has traditionally allowed for licensing rights that enable pricing above marginal cost. Accordingly, when content providers use DRM, they should be careful to create a reasonable payment system. Also, copyright law seeks to provide society with reasonable access to an author’s work so that users may be exposed to the work and improve upon it. DRM may contribute to the principles of copyright law by facilitating better user access on the one hand and compensating fairly rights owners on the other.