저작인격권의 제한과 공정이용 - UCC의 이용활성화의 관점에서 -

The introduction of fair use into the Korean Copyright Act shows a way to resolve copyright infringement regarding UCC to some extent. Nonetheless, there still leaves room for the copyright infringement because fair use doctrine only limits the scope of the economic rights but it does not extend to the moral rights. This means that even though production of UCC by using a copyrighted work and its upload on the Internet falls within the fair use of property right, it will not be completely free from the infringement of moral rights. This article deals with the issue of deciding if UCC which is recognized as fair use through the interpretation of article 35ter corresponds to the infringement of moral rights. Firstly, to resolve this issue, this article examines the relationship between personal rights and moral rights. Secondly, through comparative national law review, it demonstrates that national laws carry out relatively more broad limitation of the moral rights than Korean Copyright Law and a general opinion in Korea. Next, it examines specific provisions regarding the limitation of moral rights under the Korean Copyright Act and judicial precedents. As a result of the above review, this article asserts that it needs to reflect fair use of moral rights when provisions of the moral rights are interpreted in regard of the use of a work which is recognized as fair use of property rights.