저작물 이용허락 조항의 정비방안 -컴퓨터프로그램저작물을 중심으로-

Software license is the agreement of authorization to exploit works where a end-user as consumer is a licensee following terms and conditions in the type of a contract, and user has a relatively disadvantageous position. A copyright holder of a packaged software is able to set forth ‘a manner and within the limit of such conditions’ as a holder of author’s property right in accordance with Article 46 of Copyright Act. However, it is not clarified and is provided in the type of terms and conditions. Therefore, whether each provision has effectiveness is an issue. In the circumstance, regarding the license violation for the scope of copyright infringement and contract violation is always controversial. Software is a necessity for business by all organizations. For the reason, if the problem with the misinterpretation of a license arises and instability of organization gets bigger, it is required to minimize uncertainty of the provision for legal and industrial stability. Therefore, the proposal of this study is to improve the provision of Article 46 of Copyright Act and to clarify its interpretation when a copyright holder concludes a authorization to exploit works with a end-user as consumer in the type of terms and conditions.