디지털단일시장의 저작권지침 제17조(밸류갭 조항)의 검토

The Council of the European Union approved the Directive of the European Parliament and of the Council on copyright in the Digital Single Market (hereinafter, “DSM Copyright Directive”) on 15 April 2019, and member states shall implement the Directive's requirements into the national legislation to meet within 24 months. The key goals of the Directive are described as protecting press publications; reducing the “value gap” between the profits made by Internet platforms and by content creators; encouraging collaboration between these two groups, and creating copyright exceptions for textand data-mining. In particular, articles 15 and 17 caused widespread criticism and controversy from Industry groups and advocates. Article 15, also known as the “link tax”, gives press publishers direct control over re-use of their content by Internet platforms such as online news aggregators. Article 17, also known as the “upload filter”, requires online contents-sharing service providers to take “effective and proportionate” measures to prevent the unauthorised posting of copyrighted works, or be liable for their users’ actions. Industry groups and advocates fear that these specific directives would inhibit online expression by requiring websites to obtain licenses in order to link to news articles, and Article 17 would require use of technical measures that cannot identify fair use such as parody. Of these provisions, this paper focuses on Article 17(Value Gap Clause) in that it provides a good discussion about how far it is desirable to establish a category of platform responsibilities, particularly with regard to ‘platform responsibilities’. It describes the contents of the DSM Copyright Directive and identifies problems in Article 17 through a comparative review of EU e-Commerce Directive and DMCA. And, it concludes by suggesting the implications to our country.