텍스트 및 데이터 마이닝(TDM)면책 입법 방향성에 관한 비교법적 검토– 정보 이용자의 사용 양태를 중심으로 -

This study addresses the legal issues arising from the rapid advancement of text and data mining (TDM) technologies and the legislative measures required to resolve these challenges. TDM, a technique for analyzing large datasets to extract new information, is increasingly utilized across various industries. However, in South Korea, there is a lack of clear legal regulations to address copyright disputes surrounding TDM. While legislative amendments concerning TDM have been proposed, they have not yet been enacted. Accordingly, this study discusses the necessity of legislative exemptions for TDM to balance copyright protection with the advancement of TDM technologies. The research method involves analyzing the shortcomings of the current Copyright Act in South Korea and the proposed legislative amendments related to TDM, as well as examining foreign legislative examples to propose a desirable legislative direction. An analysis of legislative cases in the European Union, Japan, and the United States reveals that the primary demand for TDM exemptions relates to commercial uses. Therefore, the study concludes that exemption provisions encompassing commercial purposes are essential. Additionally, reflecting the reliance on transformative use as a key exemption criterion in the United States and Japan, the study suggests adopting transformative use as a standard for TDM legislative exemptions in South Korea. This approach is expected to protect the rights of original copyright holders while promoting the development of TDM technologies. The study further examines Japan's requirement for non- consumptive use and the United States’ criterion concerning market impact to propose the introduction of a “non-substitutive use” requirement, ensuring that the original purpose of the copyrighted work is not replaced. This measure would enhance the legal stability of TDM technologies and contribute to preventing copyright infringement. Finally, the study identifies issues for further discussion, including the introduction of opt-out mechanisms to guarantee rights holder involvement, separate legislative considerations for database-related TDM, methods for the deletion and preservation of utilized data, and remedies for copyright infringement. As new technologies continue to evolve, the need for legislative exemptions for TDM will persist. The study concludes that an optimal legislative approach should harmonize copyright protection with technological advancement.