잠정적인 저작권계약체결제도에 관한 소고 - 독일저작권관리법 제11조제2항을 중심으로 -

The collecting societies in copyright law are monopolies. They control the copyrights over almost all works in their own realm. In almost every country, there are some kind of efforts to control over the abuse of dominant position in copyright market. In Germany, collecting societies are obliged by existing laws to set adequate conditions. The Copyright Administration Act (an act on the collecting societies; Urheberrechtwahrnehmungsgesetz) regulates their duties to administer relevant rights on equitable terms. The remunerations to authors is fixed in tariffs prepared by collecting societies. The adequacies of tariffs is reviewed by courts. The German Copyright Administration Act Sec. 11(2) stipulates: “If an agreement on the amount of remuneration for the granting of non-existence rights has not be made, the rights of use shall be deemed granted if the compensation in the amount of the recognized by the users amount to the collecting society paid and the amount that extend beyond the requirement of the collecting society under reservation payable to the collecting society or deposited in their favor has been.”Users can challenge the aduquacies of tariffs. Until the courts' final judgement, the geman approach gives tempory compulsory license to the user, by conditional payment or deposit of the controvercial amount. The german system acknowledges tentative conractual relationship with licensor. The german experiences are hoped to give some guidance to the korean legislations.