A Comparative Study on Safe Harbor and Takedown Notice for Online Service Providers

다국어 초록 (Multilingual Abstract)

Among various legal issues arising from social network services (SNS), copyright infringement is one of the most frequently occurring legal violations. With dissemination of smart-phones, copyright infringement has escalated. Section 512 of the Digital Millennium Copyright Act (DMCA) and Chapter 18 of the KORUS FTA handle the issue through safe harbor provision and takedown notice clause. Many legal disputes including Viacom v. YouTube have been brought to courts, and majority of the cases are still pending for the courts' decision in the United States. In addition, it is unfortunate that the number of copyright infringement in South Korea has not been decreased as much as expected since the ratification of the KORUS FTA. It is critical for service providers. copyright owners, and the SNS users to understand how safe harbor protection provision and takedown notice clause works. Therefore, this paper attempts to compare similarities and differences of safe harbor provision and takedown clause between the DMCA and KORUS FTA.

목차 (Table of Contents)

• Abstract
• Ⅰ. Introduction
• Ⅱ. Digital Millennium Copyright Act
• Ⅲ. Section 512 of the DMCA
• Ⅳ. Chapter 18 of the KORUS FTA
• Ⅴ. Summary and Conclusions
• References