저작물 보호와 이용 사이의 균형 있는 3D 프린팅 기술 활용 방안 모색

This article, as set out in Article 1 of the Copyright Act, refers to the protection of the rights of authors and the promotion of the fair use of the works, which are the means for achieving the development of the culture and related industries, will start with the awareness that there should be no imbalance of protection and utilization caused by changes in the copyright law environment triggered by the popularization of 3D printing technology, in particular, the development of new technologies. Today, as technology becomes more sophisticated, the copyright law must be transformed in the era of "Direct Digital Manufacturing (DDM)", and the viability will be maintained as an effective law to resolve new disputes. However, due to the emergence of new technologies such as 3D printing, between the physical boundaries of real world and virtual digital area are being destroyed, so copyright holders are urged to exercise more powerful monopoly rights to restrain copyright infringement, and users are threatened with fair use. Therefore, the rapidly developing technology needs to overcome the conflicts and imbalances of the rights of both parties, and it is demanding that the copyright law resolves the institutional inadequacy that is not compatible with the new technology and resets the sophisticated balance according to the times. For this reason, I sought to find a meaningful alternative by examining the historical lessons of copyright law coping with the development of new technologies.   Therefore, there is a need for an alternative to properly reestablishing the fair use so that the rights of 3D data authors are strongly protected in the digital manufacturing environment while inducing creative activities and making it less controversial for the public to approach such works for later creative use. Even if the scope of copyright protection expands according to the changes in the technology environment in which the works are created and used, the range can not exceed the limit of the fair use. However, since the rule of fair use, which is a comprehensive exemption from responsibility, was created in the era of analog technology, it is inadequate to appropriately regulate the balance with copyrights in accordance with the flow and pace of rapidly changing new technology. For this reason, based on the understanding of laws and cases in Korea and the United States, the first judging factor and the fourth judging factor of Article 35(3) of the Copyright Act, and "fair use concerning technology" as judged from the viewpoint of "consideration of technology". This will be an alternative to deal with copyright disputes related to special and specialized "3D printing technology" appropriately.