영국 저작재산권의 제한규정에 관한 소고: 공정취급 조항 (fair dealing)을 중심으로

There are many academic articles and textbooks that have been published on the topic of US copyright law in Korea. In contrast, it seems that there is comparatively little research being carried out on UK copyright law and it is rare to find articles or textbooks on the latter. More worryingly, what has been published often gets some basic things about the UK copyright wrong. For example, on the subject of limitations and exceptions to copyright, much has been written about the US law on the fair use exception. In the UK, there is no such thing as a “fair use” exception but there are provisions regarding “fair dealing” with copyright work. However, perhaps due to the similarity in their names, fair use and fair dealing, many people believe that these are similar provisions in content also. Thus when they classify different copyright law limitation and exception regimes around the world, they tend to distinguish between the continental style, with enumerated exceptions and limitations, and the Anglo-American style, the fair use/fair dealing exceptions. This stems from the mistaken belief that the fair use and fair dealing exceptions are alike. In fact, they are as different as continental systems are to the US system. Fair use is a general exception to copyright not limited by specific purpose. Fair dealing is a limited exception available only for certain specified purposes under the law. This article endeavours to clarify the differences between the US fair use regime and the UK’s fair dealing regime so that a more accurate comparative research can be undertaken in order to help develop Korea’s copyright law.