저작재산권 제한규정의 계약에 의한 배제 - 저작재산권 제한규정의 강행규정성 여부에 관한 해외법제의 동향 -

A digital environment allows the use of copyrighted material to violate copyright easily, according to copyright owners that have sought for other protective measures such as the creation of 'the right of communication to the public' and the technical measures to control the copyrighted works. Also, the copyright owners have used the contractual means with which they can determine freely the availability of service condition, use period, prohibition term etc. In particular, it is controversial that contract can override the limitation and exceptions of copyrights which were established in the traditional copyrights transaction, but which are not considered suitable in the digital transaction. This matter has been reviewed in the U.S., Japan and abroad, and in 2014, the amendment of British copyright law stipulated the provision of prohibiting the contract from overriding the limitation and exception of copyrights. These issues are noticeable from the viewpoint of Korea because there is no discussion about them. On the base of foreign legislation and trend, this article will seek for the legislative implication in Korea.