2024년 기술적 보호조치 무력화 금지에 대한 예외 고시에 관한 연구

With the development of ICT(Information and Communications Technologies), copyright holders have applied technological protection measures to digital works to cope with copyright infringement. And technology is developing dramatically in the 4th industry and various other fields. Since access control technological protection measures fundamentally block access to copyrighted works, each subparagraph of Article 104-2, Paragraph 1 of the Copyright Act stipulates exceptions to the prohibition on circumventing access control technological protection measures. However, It is difficult to ensure fair use of copyrighted works in a rapidly changing social environment with only limited exceptions. Therefore, subparagraph 8 of the same paragraph allows the Minister of Culture, Sports and Tourism to implement additional exceptions through the notice. Accordingly, the Ministry of Culture, Sports and Tourism prepared and implemented the fifth notice of 『Exception to the prohibition of circumventing technological protection measures』 announced on January 31, 2024 after the first notice on January 31, 2012. Accordingly, this paper examines the status of exceptions in the United States, Australia and Singapore, and reviewes contents of the 『Exception to the Prohibition of Circumventing Technical Protection Measures』 announced on January 31, 2024. This notice adopts readopted, revised or new regulations with reference to the United States, where there have been significant changes. Although there were limitations at the time of preparing the notice, such as differences in the technological environment with the United States, opacity of copyright restrictions, legal environment, etc., the exceptions of the notice seem to be relatively good at solving issues that may currently be problematic.