미국 판례법상 패러디의 변형성과 공정이용법리

This article deals with the application of fair use doctrine to parody works. Section 107 of the U.S. Copyright Act provides four factors for courts to consider when determining fair use: the purpose and character of the use, the nature of the work used, the quantity and quality of the portion used in relation to the copyrighted work as a whole, the effect of the use on the potential market or value of the work used. Since the Supreme Court in Campbell determined a parody work as fair use mainly because of its transformativeness, ‘transformative use’ has become the most important factor in federal appellate courts in determining fair use. This article purports to figure out what is transformative in parody works by examining federal cases. For this purpose, this article first introduces the facts of federal cases dealing with whether a parody work is a fair use. Next, this article discusses what parody means and where the transformative is in a parody work as shown by the courts. And this article examines what is the limit of a parody as fair use, and also tells the difference between a parody and other satire which is not a parody. Finally, this article concludes that an amendment of Korea Copyright Act is necessary to provide the fair use doctrine to immune a parody from copyright infringement.