Direction of Criminal Legal Policy on Sharing Musical Works: Focused on Legal Cases of Korea and Us

The purpose of Copyright Law to protect copyright owners is to promote creativity. Korean Copyright Law (Article 1) clearly states that it `protects copyright owner`s right and other adjacent rights and promotes the fair use of copyrighted works, and so aims to contribute to the development of culture and related industries.` The US Constitution also states that copyright exists "to promote the progress of science" by securing authors "exclusive right" over their works.1 However, it is not clear to what extent should the authors be protected. This empty space leads the conflict between copyright holders and copyright users. In the digital world, especially, if certain judgment is concluded on certain technology, new technology becomes popular among the public even before the judgment has been finalized. The practical effect of judgment disappears and law lags behind technology. It is not appropriate or physically possible to control and suppress the user`s acts of sharing files in the name of benefiting copyright owners only. As it is mentioned above, criminal law should not apply when there is no corresponding right for such a duty. To assure the fair communicative opportunity between copyright owners and users, the inter-subjective nature of copyright should be deemed by reforming Copyright Law and adopting executive policy mentioned in PART IV. Alternatives and combined application should march in step with the advancement of technology and its users. This is the road to assure fruitful communication between users and creators, which is in accordance with the aim of copyright law and the application of criminal law.