With development IT technology, various kinds of digital contents enjoy a huge popularity. Particulary, a single type of content can be enjoyed at different gadgets, at any time and anywhere with N-Screen. As digital contents see a dramatic increase i...
With development IT technology, various kinds of digital contents enjoy a huge popularity. Particulary, a single type of content can be enjoyed at different gadgets, at any time and anywhere with N-Screen. As digital contents see a dramatic increase in consumption, digital contents providers have more things to concern. Recently, illegal contents have been circulated at the App store. Also many video clips or movies are shared without publishers' consent online. To prevent intellectual property theft, publishers took on actions including developing various technology such as DRM, CAS and encryption.
With KORUS FTA, access control measure which provides additional authority to publishers will take effect soon. In Korea, however, the public concensus or enough discussion have not made. So far, Korea only acknowledged use or copy control measures among other technological security measures, so as an importer of intellectual property, relevant domestic industries or users are bound to suffer from damages. To avoid expected negative consequences which will be brought about by the unilaterally introduced preventive measure, exceptional cases should be carefully set beforehand. This paper focuses on how to make exceptional cases and how to set a proper standard.
In the United States, user protection against access control has been fully discussed, and exceptional cases have been put in the fields such as nonprofit libraries, archives, and educational institutions, law enforcement, intelligence, and other government activities. Also, the Librarian in the U.S. is granted the authority to update additional exceptions to the list in every three year.
Under KORUS FTA, adding exceptions is hard to apply to reverse analysis or cases which are not dealt with by law. With the use of rule-making process, this problems can be solved. After studying four cases of rule-making process in 2000, 2003, 2006, and 2011, conditions for proving against adverse effects habe been alleviated. In addtion, a particular class of works included nature of works, but now its ranges have been expanded in use of works and users.
Plus, EU have put nation-wide efforts to balance between publisers' rights and users' rights. For example, England allows users to make complaints when they get disadvantaged from exemption of excess control, and Germany requires publishers who takes technological measure to inform users about the protection measures and insert publishers' name and address.
As of other nations which signed FTA with the U.S, Singapore took the same regulation measure with the U.S., but Australia is more felxible when it comes to defining works which can be protected with the measure than the rule-making.
Thus following factors should be taken into account when defining exceptional cases which can be exempted from the excess control. First, the excess control should be objectively applied. Second, rules should be set in a way it acknowledges connectivity between technological protection and property rights. Third, the measures should make it mandatory to inform users about the fact the contents are protected with the excess control. Fourth, current regulations regarding property rights should be considered before implementing the excess control. And the last, standards when it comes to setting exceptions should be flexibly interpreted like the rule-making in the U.S.