저작권의 침해에 대한 간접책임제도의 정립 - 미국법상 간접책임과의 비교를 중심으로 -

In the early 2000s, the appearance of P2P technology rippled social effects, and the term of indirect liability has played an important role in the copyright industry. Before the cases concerning P2P occurred, the liability for copyright infringement has been dealt with the direct liability. However, the P2P technology caused many social problems, and thus, the secondary liability was introduced and the liability was expanded to solve the problems. Our secondary liability system has not been established so far, so it is necessary to set up the system. In particular, the main purpose of the system should be the balance between conflict interests such as copyright protection and innovation promotion. The scope of secondary liability for copyright infringement in our country is very broad comparing with the US system. And, our system does not establish the principle of the liability, types, and judgement factors. In addition, there is no way to limit the liability. So, it is required to supplant them and to do so, it is the most efficient to refer the US system. Firstly, the principle of the secondary liability based on the fault-based liability. Thus, the main focus for judging whether one is secondarily liable for copyright infringement should be the culpability of the actors. Secondly, the types of the liability should be made under the fault-based liability, such as contributory and inducement liability, not vicarious liability. Thirdly, the factors to judge the liability should be focused on the actors’ culpability and other factors under the strict liability should not be affected. Finally, there should be the way to limit the liability. Sony Rule is the best example to limit the liability and we should consider this way to balance between copyright protection and innovation promotion.