모바일 앱스토어 내 불법 음악 앱의 저작권 침해 쟁점과 법적 대응 방안

Recently, copyright infringement cases through illegal music applications have been increasing, causing serious harm to the economic interests of rights holders by bypassing legitimate music platforms. This study analyzes the operational structure of illegal music apps and examines the related legal issues from the perspectives of copyright law, the Unfair Competition Prevention Act, and online service provider (OSP) liability regulations. In particular, the study investigates whether illegal music apps infringe on the right of communication to the public and whether unauthorized exploitation of legitimate databases constitutes unfair competition. Furthermore, considering the characteristics of illegal music apps utilizing external platforms such as YouTube APIs, this study highlights the limitations of applying OSP safe harbor provisions when active platform involvement is present. By reviewing overseas legislative examples, including Japan’s regulation on rich apps and the United States’ DMCA Section 512, the study identifies limitations in Korea’s current regulatory framework and suggests possible improvements. It concludes that traditional copyright-based regulation alone is insufficient to address illegal music apps and proposes reinforcing protection under the Unfair Competition Prevention Act, rebalancing platform operator responsibilities, and establishing swift judicial remedies after counter-notifications.