샘플링의 저작권침해 판단기준

With the digitalization of 21st century, many techiques have been developed in music creation. One of those is Digital Sampling technique. Digital sampling is the technique used for creating new music works using all or parts of sound source by transforming existing original work into digital form. Out of this, concerns about obvious digital sampling infringement are arising. The legal feature of sampling is the derivative work of the original work, but it can be at the crossroads of creation and plagiarism according to standards of judgement. There is not a clear discussion on this matter and even the precedent case on the sampling infringement doesn't exist in Korea. Sampling discussion requires new establishment of the range of Free Use and clear standards for what kind of works deserve to be protected. In addition, in the age of on-line, the use of works has been changed into immeterial forms. Therefore, new recognition and understanding on this matter are needed. First of all, this thesis will explore legal feature of digital sampling on the basis of the principle of derivative work, then set up standards of judgment to the infringement occurring due to the digital sampling. Especially, characteristic of music works will be judged since digital sampling is based on musical works. As to the infringement, I will study convertional principles on infringement judgement of music works according to the general standards of copyright infringement, find out the parts applicable to digital sampling and suggest new standards on the issue that has not been solved with conventional principles.