• Title/Summary/Keyword: 도서관 면책 규정

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A Study on Library Exemption for the Cooperative Utilization of Digital Information by Digital Republication and Transmission between Library and Library (도서관간 복제·전송에 의한 디지털 정보의 공동이용을 위한 도서관 면책 연구)

  • Hong, Jae-Hyun
    • Journal of the Korean Society for Library and Information Science
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    • v.38 no.1
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    • pp.93-119
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    • 2004
  • To promote the production of information and knowledge in information user and to raise national competitiveness in digital network environment, the cooperative utilization of digital information by digital republication and transmission between library and library is indispensable. The policy for cooperative utilization of digital information by digital republication and transmission between library and library is influenced by the regulation of library exemption in copyright law. First of all, this study analyzes limitations and exceptions of copyright in international norm (Berne Convention. Agreement on TRIPs and WCT), Copyright Law of the United States of America and EU Directive. And then this study analyzes and examines the regulation of library exemption in the revised Copyright Act of Korea in 2003, library remuneration system, technical measures for protection of copyright, etc. Also this paper points out related problems. As a results of the legal analysis. this study suggests necessary measures and the corresponding plans to the revised Copyright Act of Korea in 2003 to promote the cooperative utilization of digital information by digital republication and transmission between library and library

A Study on Development of the Copyright Guideline on Reproduction and Transmission in Libraries (도서관에서의 복제 및 전송에 관한 저작권 지침 개발 연구)

  • Hong Jae-Hyun;Joung Kyoung-Hee;Lee Ho-Sin
    • Journal of Korean Library and Information Science Society
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    • v.36 no.1
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    • pp.505-525
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    • 2005
  • The purpose of this study is to suggest $\lceil$the copyright guideline on reproduction and transmission in libraries$\rfloor$ in order to produce and service works within the framework of the present Korean copyright law. The study examined researches on the library exemption regulation based on the present Korean copyright law and copyright remuneration. Also the study examined revised draft of present Korean copyright law. In the introduction Part of this guideline the purpose of the guideline is clarified and terms used in the guideline is defined. In the body of this guideline the copyright guideline on library exemption regulation(the article 28 in the Copyright Act of Korea) and copyright remuneration related to reproduction and transmission in libraries is in detail suggested.

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A Study on Library Exemption of Document Delivery Service by Interlibrary Loan (상호대차에 의한 원문복사서비스의 도서관 면책에 관한 연구)

  • Hong, Jae-Hyun
    • Journal of the Korean Society for information Management
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    • v.22 no.1 s.55
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    • pp.21-45
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    • 2005
  • The document delivery service is an advanced service to satisfy information need of end-user by the cooperative utilization of information. At present there are various interpretation on library exemption of the document delivery service by interlibrary loan. The purpose of the study is to suggest a legal plan in order to solve the problems of library exemption dealing with the document delivery service by Fax and Ariel system. The study examined the international trends on library exemption related to the document delivery service in foreign copyright laws, analyzed the library exemption related to the document delivery service in the present Korean copyright law, and pointed out the problems of the present library exemption. As the result of this analysis, the study suggested a revised plan of the present Korean copyright law in order to provide regulation of library exemption dealing with the document delivery service by interlibrary loan. Thus the revised plan can be used as a basic data for providing the regulation for the future of library exemption in Korea.

A Study on Library Exemption Relating to Digital Reproduction and Transmission (디지털 복제 및 전송에 관한 도서관 면책 연구)

  • 홍재현
    • Journal of Korean Library and Information Science Society
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    • v.33 no.3
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    • pp.327-358
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    • 2002
  • The study has Proceeded through examining and analyzing related laws and articles on library exemption relating to reproduction and transmission in digital environment. First of all, the study investigates and analyzes in detail the changes and characteristics of the regulation of library exemption in WCT, EU, U.S., Japan, and Australia. After analyzing of the article 28 in current Copyright Act and amended proposal for Copyright Act in Korea, it found the regulation to be inadequate. As a result of the legal analysis, this paper is proposing a revised plan of the article 28 in the Copyright Act of Korea.

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A Study on Limitation of Public Performance Right for Library Service (도서관에서의 공연권 제한에 관한 연구)

  • Lee, Ho-Sin
    • Journal of the Korean Society for Library and Information Science
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    • v.47 no.1
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    • pp.249-268
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    • 2013
  • Public Performance in Copyright Law is a wider concept, which people generally think. It includes the presentation of a work to the public by acting, musical playing, singing, narrating as well as even the act of mechanical playing phonogram and cinematographic work. Article 29 in Korean Copyright Act is the restriction of an author's public performance right. It shall be permissible to perform publicly or broadcast a work already made public for nonprofit purposes and without charging any fees to audience, spectators, or third parties, provided that the performers concerned are not paid any remuneration for such performances. Commercial phonograms or cinematographic works may be played back for the public, if no fee is charged to the audience or spectators, except in cases as set forth by Presidential Decree. In recent year, public performance in libraries became a major issue of the Copyright Law. It is a claim that watching cinematographic works in libraries is one of the act that should apply public performance right, thus to use commercial cinematographic works before six months, which was published, need permission to copyright owners. But this claim is unfair because it can make impossible normal library service. Thus there is a need to revise the Copyright Law to understand the difference between act of viewing and public performance in libraries.

A Study on Protecting Copyrights of North Korean Works and on Developing Their Use under the Limitations on Exclusive Rights by Libraries in South Korea (도서관 면책 규정에 따른 북한저작물 보호와 이용 활성화 방안)

  • Jeong, Bun-Hee
    • Journal of the Korean Society for Library and Information Science
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    • v.40 no.1
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    • pp.163-194
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    • 2006
  • The purpose of this study is to find out the ways of protecting copyrights of North Korean works focusing on the limitations on exclusive rights in the South Korean libraries. This study deals with the articles of the copyright laws which are rotated with using materials in libraries both North and South Korea. It also covers related provisions of Borne Convention for the Protection of Literary and Artistic Works. The past study on the copyright protection has mostly focused on how we protect the copyright of publications and works which are published for profit. This study proposes some solutions from the legal institutional aspects, policy and socio-cultural aspects in order to protect the copyright of North Korean works and improve their use under the limitations on exclusive rights by libraries.

Copyright Issues for Distance Learning Library Services Focusing on the Right of Reproduction and Right of Communication (원격교육 지원을 위한 도서관 정보서비스에 있어서 저작권 문제 -복제권과 전송권을 중심으로-)

  • 김현희;정경희
    • Journal of Korean Library and Information Science Society
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    • v.33 no.1
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    • pp.15-34
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    • 2002
  • This study investigated the copyright problems in the course of distance teaming. The Copyright Act of Korea is built to protect the rights of authors and the rights neighboring on them and to promote fair use of works in order to contribute to the improvement and development of culture. However, for efficient use of library's materials for distance education, some articles in the Copyright Act of Korea is needed to be changed. We suggested the revision in the article 23 “Reproduction for the Purpose of School Education” and the article 28 “Reproduction in Libraries, etc”.

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A Study on Policy Components of Data Access and Use Controls in Research Data Repositories (연구데이터 레포지터리의 데이터 접근 및 이용 통제 정책 요소에 관한 연구)

  • Kim, Jihyun
    • Journal of Korean Library and Information Science Society
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    • v.47 no.3
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    • pp.213-239
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    • 2016
  • As Open Data has been emphasized globally, discussions on data policies have occurred for minimizing problems resulting from data sharing and reuse. This study aimed at investigating policy components for controlling access and use of data and examining similarities and differences of the policy components across disciplines. For the purpose, the study analyzed policy components for data access and use controls provided by 37 research data repositories overseas. These included twenty repositories in biological and health science, ten in chemistry, earth and environmental science and physics, as well as seven in social science and general science. The analysis showed that common policy components involve copyright/licenses, data citation, disclaimers and embargoes. However, there were differences in diversity of policy components among the disciplines and it indicated that the rationales of access and use controls emphasized would be different in the disciplines.

A Study on the Copyright Policy and Open Access for Noncommercial Scholarly Works (비영리학술저작물의 저작권정책과 오픈액세스에 관한 연구)

  • Joung, Kyoung-Hee
    • Journal of the Korean Society for information Management
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    • v.24 no.4
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    • pp.97-117
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    • 2007
  • This study is about the copyright policies by Korean government and the revision of the article 31 library exemption provision in the Copyright Act of Korea for noncommercial scholarly works considering through cases of copyright disputes occurred in Korea during the $2005{\sim}2007$. This study proposes that works not for sale including thesis should be exempted from the copyright compensation in the article 31(5) in the Copyright Act of Korea based on the properties of noncommercial scholarly works and the regulations on works for not for sale in the current Korean copyright act. Also, this study reports that the copyright trust of scholarly articles by the copyright trust management agency is illegal in part and the government which has a duty to direct it has to control the illegal actions. Finally, this study proposes that noncommercial scholarly works such as thesis and scientific articles are to be open access and Korean government should develop open policies for them.