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A Study on the Balance of Contradiction between Freedom of Speech and Copyright on the Internet

  • DONG-A LAW REVIEW
  • 2011, (53), pp.73-112
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

임영덕 1

1서울대학교

Accredited

ABSTRACT

Internet is changing the circumstance to exercise his/her right of free speech. Internet technology allows him/her to communicate something to express throughout the world. In other words, everyone has media through internet. In the freedom of express, Internet is broadening its horizons with ‘decentralized’ and ‘global’ quality. But If, without balance between the right of copyright holders and the right of copyright's user, the copyright holders are heavily protected by copyright law, Protecting the copyright will provoke the infringement of free speech right on the internet. Someone is worried copyright law only preserve to the copyright holders. Copyright protection may be able to cause to hamper ‘the development of online democratic culture’. Because ‘the development of online democratic culture’ is reached through Netizen-Participation. In the point of ‘democratic culture’ that is highly regarded the advance of culture, ‘the development of online democratic culture’ is more important than economic profit. We must structuralize the fair use doctrine of copyright law for ‘the development of online democratic culture’, make legal principles for the online service provider to take a neutral attitude on the internet and keep the administration from acting as the gatekeeper of internet. Copyright ought to contribute to develop ‘democratic culture’ on the internet.

Citation status

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