유튜브 플랫폼에서의 공정이용 연구

국문 초록 (Abstract)

유튜브의 성장과 함께 유튜브가 일상이 되는 시대를 맞이하고 있다. 유튜브의
월간 활성 사용자 수는 약 25억 명에 달한다. 이러한 성장과 함께 유튜브는 유
튜브에 저작물을 올리는 게시자의 영상 저작물에 대한 저작권 보호 및 침해를
탐지하고 방지하기 위한 여러 가지 정책과 기술을 도입하였다.
유튜브가 제공하는 저작권 정책 중 웹 양식, Content ID 등은 저작권자 또는
저작권자라고 주장하는 사람에게 간편하게 저작권 침해 신고를 할 수 있게 도와
준다. 하지만 웹 양식을 통한 허위 신고가 문제가 되기도 한다. 나아가 웹 양식
을 통한 신고나 CID를 활용한 자동 식별 기능에 따른 조치에 있어서 저작물의
합법적인 이용, 특히 공정이용으로 인정될 수 있는 이용을 별도로 구분하지 못
하는 경우가 종종 발생한다.
본 논문은 공정이용 법리에 대한 이해와 유튜브의 OSP(온라인서비스제공자)
로서의 지위와 책임에 대해 검토할 것이다. 유튜브가 OSP의 책임을 다하기 위
하여 저작권 정책을 도입하였다는 점에서는 긍정적인 측면을 인정할 수 있으나,
현재 유튜브가 제공하는 저작권 정책의 세부 사항을 검토하여 보면 여러 가지
문제점을 내포하고 있다.
특히 유튜브의 저작권 정책은 공정이용에 대한 항변을 실질적으로 활용하지
못하도록 기능하고 있으며 이는 결과적으로 유튜브 플랫폼 내에서의 저작권 정
책이 저작권자 또는 저작권자라고 주장하는 사람에게 유리하게 이루어진다는 비
판을 하고, 그 개선 방안으로 공정이용에 대한 전문적인 판단을 위하여 저작권
위원회 등의 활성화 및 유튜브 이용약관의 개정을 제안하고자 한다.

목차 (Table of Contents)

• 제1장 서론 ···································································································································· 1
• 제1절 연구의 목적 및 필요성··································································································· 1
• 제2절 연구의 방법 ····················································································································· 3
• 제2장 저작권법상 공정이용 법리와 판단 기준 ···································································· 5
• 제1절 영미법상 공정이용 법리 및 주요 판례········································································ 5
• Ⅰ. 공정이용 법리의 전개········································································································ 5
• Ⅱ. 공정이용의 판단 기준 ······································································································ 7
• Ⅲ. 법원의 공정이용 판단······································································································ 10
• 제2절 국내 공정이용 법리 및 주요 판례············································································· 16
• Ⅰ. 국내 저작권법상 공정이용 조항의 도입······································································ 16
• Ⅱ. 국내 법원의 공정이용 판단 – 콘텐츠 중심으로 ······················································20
• 제3절 공정이용의 입증책임 ··································································································· 28
• 제3장 유튜브 플랫폼과 저작권 ······························································································· 28
• 제1절 유튜브 콘텐츠의 특성 – 창작성, 영리성의 측면····················································28
• 제2절 OSP 책임과 유튜브 플랫폼 ······················································································· 30
• Ⅰ. OSP의 개념 및 책임 제한 요건 ·················································································· 30
• Ⅱ. OSP의 통지 및 게시 중단 절차···················································································· 35
• Ⅲ. 유튜브의 OSP로서의 지위······························································································ 37
• 제3절 유튜브 플랫폼의 저작권 시스템 ··········································································· 37
• Ⅰ. 저작권 게시 중단 요청 웹 양식 제출·········································································· 38
• Ⅱ. Copyright Match Tool ······························································································· 40
• Ⅲ. Content Management Tool························································································ 41
• Ⅳ. Content ID······················································································································· 41
• Ⅴ. 스트라이크(누적 경고) 시스템······················································································· 46
• Ⅵ. 반론통지 절차··················································································································· 46
• 제4절 유튜브 플랫폼과 관련된 저작권 분쟁 사례······························································ 47
• Ⅰ. Mark Fitzpatrick의 이의제기 사례 – Content ID 기능과 공정이용··················47
• Ⅱ. Lo-fi Girl 채널 사례 – 허위 저작권 신고 사례·······················································48
• 제4장 유튜브 플랫폼에서의 저작권 시스템과 공정이용 ····················································49
• 제1절 시스템에 의한 판단 ····································································································· 49
• Ⅰ. 긍정적인 측면··················································································································· 49
• Ⅱ. 비판적인 측면 – 잘못된 판단으로 인한 콘텐츠 삭제 ············································50
• Ⅲ. 비판적인 측면 - 자의적인 판단, 비공개 판단 ·························································52
• 제2절 유튜브 내에서 공정이용 판단의 문제점······································································ 55
• Ⅰ. 유튜브의 공정이용 정책·································································································· 55
• Ⅱ. 저작권 소유권자에게만 유리한 결과의 초래 ····························································· 57
• Ⅲ. OSP와 공정이용 사례······································································································ 58
• Ⅳ. 공정이용 분쟁 발생시 관할의 문제 ············································································ 63
• 제5장 개선 방안의 연구············································································································· 66
• 제1절 개선의 필요성················································································································· 66
• 제2절 공정이용 연구 활성화 및 인덱스 마련 ·································································· 68
• 제3절 국내 저작권위원회의 분쟁조정시스템 확대 ····························································70
• 제4절 권리 확인 심판 제도 등의 신설 ··············································································· 74
• 제5절 전속 관할 규정의 개정 제안······················································································· 74
• 제6장 결론 ·································································································································· 79
• 참고 문헌······································································································································ 82
• 영문 요약······································································································································ 87