인터넷서비스제공자의 저작권 침해에 대한 민사책임

다국어 초록 (Multilingual Abstract)

This is a study for civil liability the Internet Service Provider(ISP) should be imposed on the user`s copyright infringement. If ISP has a editorial control right on his service, he has a legal status as a publisher, or if not so, a distributor. It is precondition on ISP`s liability. The distributor can avoids directly or indirectly his liability on his service. If ISP has not a editorial control right, ISP would be liable for case of having constructive knowledge, not deleting copyright work after knowledge of infringement or copyright hoder`s notice. Finally, the problem is to determine what civil liability should be imposed on ISP. But we have not the express provision on the copyright law regarding ISP`s liability and judicial precedents are immature. The doctrine of contributory liability is established where the defendant, with knowledge of the infringing activity, induces, causes, or materially contributes to the infringing activity of another. This doctrine is applicable to ISP. Namely, in case of infringement by users, if ISP has not a editorial control ability, with having a editorial control right, and with constructive knowledge of the infringing activity, induces, causes, or materially contributes to the infringing activity of users, ISP is liable for contributory infringement. Also in case of infringement by users, if ISP has a editorial control right and ability, with constructive knowledge of the infringing activity, induces, causes, or materially contributes to the infringing activity of users, ISP is liable for contributory infringement. The doctrine of vicarious liability is established where the defendant has the right and ability to control the infringing activity and receives a direct financial benefit from the infringement. Also this doctrine is applicable to ISP. Namely, in case of infringement by Users, if ISP has a editorial control right and ability, and receives a direct financial benifit from the infringement. ISP is liable for vicarious infringement. Therefore because their doctrines are rational for ISP`s liability and indirect infringement regime on anglo-american law is provided for the patent law in the Republic of Korea, contributory and vicarious liability should be legislated on the copyright.