정당한 이용자에 의한 보존을 위한 복제에 관한 연구

The computer program is produced as a digital file and provided to the end user as a copy. However, any media can cause unexpected destruction, damage or deterioration or such of the copy, and it is important to back up the data stored in the medium in preparation for this situation. Especially when using programs for business or service, it is essential to recover quickly after a problem occurs. Therefore, Article 101-5 is a "provision for promoting utilization of programs developed by recognizing the right of reproduction of persons who have acquired computer programs reasonably" and was legislated to be applied when all entities, such as corporations, organizations, individuals backed up computer programs to prepare for unexpected destruction, damage or deterioration of those regardless of whether the purpose of acquisition is business or not. Since the first legislation on backup copying in 1986, the program industry and technology environment has changed dramatically, and the significance and interpretation of the provision have been reviewed. However, this regulation was controversial from the beginning as to whether a licensee was included in the person who is allowed to back up, disagreed with regard to targets and scope of the backup, and there has been controversy as to whether a copy of a particular medium can be backed up by this provision as the medium in which the program circulates changes. Discussions were also made on the usage activities allowed by this provision. In this respect, the provision was quite controversial and needed review. Accordingly, the paper suggested interpretation on Article 101-5 and presented the issues to be considered in the legislation related to the provision with reference to domestic discussions and legislative and precedents of the United States, Japan and the European Union.