저작재산권침해와 저작권법상 손해배상액 산정

This research is aimed at looking at the active damage assessment due to the infringement on copyright, assessment requirements of damages based on the regulations on estimation of the indemnity specified in the copyright law, and the meaning of infringer's interests. However, the regulations on estimation of the indemnity specified in the copyright law are provided to make it easier for a rightful person to get the indemnity, but from a viewpoint of practical business, there have happened a lot of cases where the court validates the indemnity on the basis of the regulation specified in Article 126 of the copyright law, which explains that the above-mentioned regulations don't pull their weight. The opinion that because a copyright is infringed on doesn't mean that there happens certain damage to the copyright itself is dominant, but the copyright is an exclusive right protected by law, so if there should be an infringement on a copyright, it should be found guilty of infringement on the copyright regardless of whether there happens an active damage or not. In addition, this research finds that according to the regulations on estimation of the indemnity specified in the copyright law, there should realistically happen a damage to a rightful person, and it's not necessary to accord the person who doesn't exercise his right with even the claim for damages against an infringer. Exercising one's rights in these circumstances should be related to economic income and such an enforcement should be granted insofar as a fear of damage occurrence or probability of damage occurrence is recognized.