earticle

영어

This paper compares decisions of the CJEU and the Korean Supreme Court relating to the right of communication to the public in Copyright Law. Hyperlinking is fundamental to modern communication. The freedom to link should be ensured for the purpose of the fundamental freedoms because it helps to safeguard in the digital environment, in particular freedom of expression and information. Whereas the CJEU resolves the infringement of the right to communication to the public caused by posting the link introducing criteria of “new public,” the Korean Supreme Court denies such an infringement. A fair balance should be struck between the right of communication to the public and the freedom to link. However the Korean Supreme Court’s decisions have tended to become a counter weight inclining much more toward the freedom to link. Therefore, this paper proposes changes to such decisions.