교실에서의 수업목적이용을 위한 공연권의 제한 - 한국과 미국에서의 대면수업의 경우를 중심으로 -

초록

This article deals with the limitation on the public performance right in the case of face-to-face teaching activities. Korea Copyright Act allows educational institutions to publically perform a part of a copyrighted work which is already publicized, without the permission of the copyright holder. The Copyright Act of the United States also has a similar provision in § 110, limiting performance right, called “the classroom exemption.” Section 107 of the U.S. Copyright Act also codified the judicially developed ‘fair use doctrine’, which allows teachers and students to freely use a part of a copyrighted work beyond the exemption by section 110. This article examined these legislative history of those two provisions together with the “Proposal for Fair Use Guidelines for Educational Multimedia”, which were prepared to draw a bright line between fair and unfair performances by teachers and students under section 107, who develop multimedia projects using portions of copyrighted works. After examining those provisions and guidelines together with their criticisms, this article emphasizes adherence of the courts to the purpose of the guidelines that the permitted uses by the guidelines are the minimal degree of the fair use, not the maximum.

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