[문화체육관광부 연구보고서] 해외 저작권보호 기관현황 및 공동대응체계 구축연구

김경숙 외(참여연구원), 해외 저작권보호 기관현황 및 공동대응체계 구축연구, 문화체육관광부, 2014.8.

 

[연구보고서 목차]

 

제1장 연구개요 ······························································································· 1

제1절 연구의 배경 및 목적 ································································································· 1
 1. 연구의 배경 ··············································································································· 1
 2. 연구의 목적 ················································································································· 1

제2절 연구의 범위 및 방법 ································································································· 2
 1. 연구의 범위 ················································································································· 2
2. 연구의 방법 ················································································································· 3

 

제2장 해외 저작권 보호체계 비교분석 ···························································· 5

제1절 국가별 보호정책 현황 및 법제도 ········································································· 5
 1. 미국 ······························································································································ 5
  (1) 저작권보호를 위한 법령 ····················································································· 5
  (2) 온라인상의 침해대응 ·························································································· 6
  (3) 침해구제 ············································································································· 10
 2. 영국 ···························································································································· 15
  (1) 저작권보호를 위한 법령 ··················································································· 15
  (2) 온라인상의 침해대응 ························································································ 20
  (3) 침해구제 ············································································································· 22
 3. 프랑스 ························································································································ 26
  (1) 저작권 보호를 위한 법령 ················································································· 26
  (2) 온라인상의 침해대응 ························································································ 30
  (3) 침해구제 ············································································································· 36
 4. 독일 ···························································································································· 38
  (1) 저작권 보호를 위한 법령 ················································································· 38
  (2) 온라인상의 침해대응 ························································································ 41
  (3) 침해구제 ············································································································· 46
 5. 중국 ······························································································································ 48
  (1) 저작권 보호를 위한 법령 ················································································· 48
  (2) 온라인상의 침해대응 ························································································ 57
  (3) 침해구제 ············································································································· 60
 6. 일본 ······························································································································ 66
  (1) 저작권 보호를 위한 법령 ················································································· 66
  (2) 온라인상의 침해대응 ························································································ 70
  (3) 침해구제 ············································································································· 71
  (4) 일본 저작권 침해구제의 특징 ········································································· 77

제2절 국가별 보호기관 현황 ··························································································· 80
 1. 미국 ······························································································································ 80
  (1) 정부 및 공공기관 ································································································ 80
  (2) 민간 및 권리자단체 ···························································································· 92
 2. 영국 ···························································································································· 104
  (1) 정부 및 공공기관 ······························································································ 104
  (2) 민간 및 권리자단체 ·························································································· 110
 3. 프랑스 ························································································································ 117
  (1) 정부 및 공공기관 ······························································································ 117
  (2) 민간 및 권리자단체 ·························································································· 118
 4. 독일 ···························································································································· 124
 5. 중국 ···························································································································· 127
  (1) 정부 및 공공기관 ······························································································ 127
  (2) 민간 및 권리자단체 ·························································································· 134
 6. 일본 ···························································································································· 139
  (1) 정부 및 공공기관 ······························································································ 139
  (2) 민간 및 권리자단체 ·························································································· 140

 

제3장 공동 대응체계의 구축 가능성 ··························································· 150

제1절 국제공조의 현황 ··································································································· 150
 1. 조약을 통한 법제도의 조화 ·················································································· 150
  (1) 베른협약 ··········································································································· 150
  (2) 세계저작권협약(UCC) ····················································································· 152
  (3) 무역관련 지식재산권에 관한 협정(TRIPs) ··················································· 153
  (4) 자유무역협정(FTA) ························································································· 154
  (5) WIPO 조약 ······································································································· 156
  (6) 위조품 거래방지에 관한 협정(ACTA) ·························································· 156
  (7) 환태평양경제동반자협정(TPP) ······································································· 158
 2. 국제기구 등을 통한 공조 ······················································································ 159
  (1) 저작권 관련 국제기구 및 국제회의 ······························································ 159
  (2) 국제형사경찰기구의 협력 ··············································································· 164
 3. 국가별 공조의 현황 - 정부기관, 권리자단체등의 활동 ······································ 166
  (1) 미국 ··················································································································· 166
  (2) 영국 ··················································································································· 171
  (3) 프랑스 ··············································································································· 172
  (4) 독일 ··················································································································· 172
  (5) 증국 ··················································································································· 174
  (6) 일본 ··················································································································· 183

제2절 시사점 ····················································································································· 195
 1. 조약 등 가입현황의 파악 ························································································ 195
 2. 국제기구 회의 등의 참가확대 ················································································· 196
 3. 사법적 공조의 추진 ·································································································· 196
 4. 행정적 지원의 확대 ·································································································· 196

 

보론 ······································································································································ 198
 1. 우리나라 저작권 보호체계 ······················································································ 198
 2. 우리나라 저작권 보호체계의 문제점 ····································································· 205
 3. 저작권 보호기관 일원화 논의 ················································································· 209
 4. 보호기관 일원화의 방향성 ························································································ 214
 5. 개선방안 ······················································································································ 215

 

[발간 정보]

ㅇ 발간부서 : 문화체육관광부 문화콘텐츠산업실 저작권정책관실 저작권보호과

ㅇ 발행년도 : 2014년 8월

ㅇ 연구기간 2014-04-08~ 2014-08-07 

 

연구보고서 전문(프리즘, 정책연구관리시스템) : http://www.prism.go.kr/homepage/researchCommon/downloadResearchAttachFile.do?work_key=001&file_type=CPR&seq_no=001&pdf_conv_yn=N&research_id=1371000-201500039