개정 저작권법 제29조 제2항의 문제점에 관한 약간의 고찰

The 2016 revision of the Korean Copyright Law has revised the statutory term ‘phonogram for sale’ to ‘commercial phonogram’. The revision was purposed to establish a unified concept, which was to resolve the disarray amongst the members of the industry, and the various interpretations of the Supreme Court’s decisions caused by such. However, even after the revisions, the disarray continued due to the escalated arguments between the academic society and the industry, and has currently come to a point where adjudication on the constitutionality has been filed. The paper provides a brief history on the introduction of the concepts ‘phonogram’ and ‘commercial phonogram’ into the Korean Copyright Law, and explains the two concepts in accordance with the definitions provided by international treaties. The paper is ultimately aimed to provide a lead to how future discussions will unfold by introducing the different opinions on the Supreme Court decisions regarding ‘phonogram for sale’, and a review on the constitutionality and the prime issues raised against the revisions made in Article 29 Section 2. For further reading, the paper also includes a case from the United States of America, regarding a similar regulation which was disputed upon as violation against international treaties.