패러디 사진과 저작권 침해에 관한 연구

As the advances in digital technology and internet environment makes use, modification and distribution of copyrighted photos easier, it increases a concern about copyright infringement. Especially, duplicating digital photos is much easier without affecting the original works, and reproduction is easily conducted with the help of Photoshop and other imaging technologies. Generally, such non-licensed reproduction of the copyrighted photos without obtaining author`s permission could constitute copyright infringement. On the other hand, however, it raises another copyright issue whether such non-licensed use of photographs could be permitted as a parody under fair use doctrine. In this respect, while unlicensed use and transformation of copyrighted photos without author`s permission could infringe on the copyright in that it adversely affects the value of the original work and their right to derivative works, it should be examined whether and under what conditions unlicensed use of the copyrighted photos be a permissible parody as fair use. This article overviews the basic theories of copyright in photos and various types of copyright infringement, identifies the definition and rationale of a parody photo and the requirements for the parody photos to be justified under fair use doctrine, comparing to the copyright infringement cases, and discusses the problems and suggestions for the photo copyright management and education.