저작권과 표현의 자유의 갈등 -미국의 논의를 중심으로-

Because copyright system was created to regulate stationers, it was closely related with the notion of “censorship”. However, since, in U.S., the existence of seminal article by Melville B. Nimmer, “Does Copyright Abridge the First Amendment Guarantees of Free Speech and Press?” most courts in U.S. have followed his reasoning without deep consideration. Therefore, many copyright owners have tried to expand their scope with contracts and new statutes. As the result, the scope of the freedom of expression have been decreased. For the purpose of preventing these kinds of trials, this paper will introduce the issues which copyright owners have tried to expand their rights. However, because the purpose of the copyright system is to promote the progress of culture, and because copyright should be the “engine of free expression,” as the Supreme Court stated, I will try to persuade Korean courts not to adopt the reasoning of U.S. courts and legislatures and I will argue to make a new theory to promote the culture in Korea and to prevent copyright owners from expanding their right with contract system or new legal system.