디지털 시대의 기술적 보호조치에 의한 저작권 보호의 정책 방향 - 한․일 비교를 중심으로 -

In line with the rapid growth of internet and computer, the demand of works on the internet has sharply increased and it thus appears that the digital environment has become the major environment of works. Consequently in order to establish any protection system of works on internet, both access control technological protection measures and copy control technological protection measures and maintaining related laws have been carried out in parallel. Then the two protection systems individually have a certain constraint in each effect owing to the characteristics of internet and the development of circumvention technique for technological protection measures. Accordingly while each protection system has been kept maintained since 1990’s, continuous efforts have been sought to protect the more effective copyright protection through mutual complements by way of legal protection with regard to technological measures. In this manner both Japan and Korea appear to keep a pace with international stream in enlarging the protection criteria for the technological protection measures and strengthening its protection. In principal access control technological protection measures, save its exception, is not affected by the restricting regulation of copyright property which includes general provision of fair use. Accordingly, access control technological protection measures may greatly harm the users’ rights and interests. The distribution of digital works on internet is vulnerable in the infringement of copyright property, and the technological protection measures in the trade of works on internet are inevitable. Moreover, in respect that the circumvention techniques are accelerated as rapidly as the advancement of protection technology, one can share in common the need to protect technological protection measures under copyright law, too. It is because no one can deny the fact that in our capitalism society the incentive of creation will stay maintained on the assumption of protecting the works properly. However, any excessive application and legal protection of technological protection may make the less use of works, hampering the development of culture. Therefore, the protection of technological protection measures is to be oriented to balance the rights and interest of the copyright holder with those of the user in order to best fit the purpose of copyright laws.