• Journal of the Korean Society for information Management
• /
• v.34 no.1
• /
• pp.263-289
• /
• 2017

The purpose of this study is to enhance the understanding of the provisions for library exceptions in copyright laws and to suggest the direction for the revision of provision in the Copyright Act of Korea. This study compares and analyzes the provisions for library exceptions in several countries' copyright law including Korea, Japan, UK, Australia and USA. This study found that the most common issues in library exception provisions are providing reproduction for users, reproduction for preservation, reproduction for interlibrary loan and digitization of library collections but the conditions for each issue are quite different. The suggestions for the revision of the library exceptions in the Copyright Act of Korea are as follows: changing the amount of reproduction of unpublished works, of works which cannot be obtained at a fair price and of periodicals for users, the transmitting digital reproduction to the user under limited conditions, preparing conditions for reproduction for preservation in libraries, preparing the applicable provisions for reproductions for interlibrary loans and for the limitation of works to be digitized and extending their use at the same time.

• Journal of Korean Society of Archives and Records Management
• /
• v.20 no.4
• /
• pp.169-184
• /
• 2020

This study analyzed the issues on Article 35-4 of the Copyright Act of Korea, a new provision on the use of orphan works. The new provision was compared to other related provisions, and considerations were suggested for their improvement. The main results are summarized as follows: (1) Article 35-4 is contradictory to other provisions and needs further revisions as it limits the subject of application to the main body of operation and applies only to some libraries, museums, and galleries through its ordinances; (2) a new provision on the use of orphan works must be applied to archives to harmonize with Article 31 and use the interconnection between cultural heritage institutions more beneficially; and (3) considering that there are many unpublished works in the archives, Article 35-4 should be revised to also be applicable to those works.

• KLA journal
• /
• v.50 no.5
• /
• pp.51-58
• /
• 2009

환경(공간)은 예외 없이 존재의미를 규정한다. 학교도서관은 더욱 그러하다. 청소년기의 학교도서관이 그 존재 자체만으로도 도서관의 존재에 대한 일반적 의미 이상인 이유도 거기에 있다. 즉 학교안에 도서관이 있기 때문이다. 특히 초등학교 도서관의 의미는 더욱 각별하다. 학교도서관은 담임선생님이나 교장선생님의 존재보다 더 훌륭한 인류의 스승들, 즉 위인들의 모습들이 간직되어 있는 곳으로, 한마디로 말해 어린이에게 그곳은 위인의 전당이고 어린이 철학의 요람이기 때문이다. 많은 어린이들이 그곳에서 자신의 미래를 꿈꾸고, 자신도 모르는 사이에 어린이 철학자가 되기 때문이기도 하다.

• Journal of the Korean Society for Library and Information Science
• /
• v.38 no.1
• /
• pp.93-119
• /
• 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

• Journal of Information Management
• /
• v.42 no.2
• /
• pp.1-21
• /
• 2011

The copyright law is the greatest legal tool for promoting access to knowledge and information by striking a balance between owners rights and users rights. For libraries, copyright limitations and exceptions are critical to meeting our missions to support learning and research, promote the flow of information, provide equitable access to information to the public, preserve intellectual and cultural heritage. Based on these reasons, this study analysed the limitation of copyright law of Korea for library, suggested improvement of reproduction for the library preservation and distribution including rental and lending, printout and transmission of internet information resources, copy of library materials which are rarely available through normal trade channel and government publications, reproduction and electronic transmission for persons with disabilities, and proposed fair use model(limitations on exclusive rights) for libraries.

• Journal of Korean Library and Information Science Society
• /
• v.41 no.2
• /
• pp.229-250
• /
• 2010

Open access policies are very important for the successful open access projects in any institutions. This study aims to propose elements to consider for establishing open access policies of universities. The 3 university institutional repositories' open access policies in Korea and foreign universities' policies registered in the ROARMAP are analyzed. The major categories proposed in the study are materials, time of deposition, depositors, copyright, level of requirement, exemption, usage, options for open access, and support.

• Journal of the Korean BIBLIA Society for library and Information Science
• /
• v.26 no.3
• /
• pp.151-175
• /
• 2015

The study aims to discuss on legal prospects of digital collections' fair use through an analysis of treaties and legislations domestic and international. Based on analysis of leading researches and literature, it discusses legal principles of fair use and defines digital collections' concept and types. For understanding the actual legal system on fair use, limitations and exceptions of copyrights which are presented in treaties, such as 'Berne Convention for the Protection of Literary and Artistic Works' and'Copyright Convention', each nation's laws, and judicial precedents. Especially, a legal dispute between 'Technische $Universit{\ddot{a}}t$ Darmstadt' and Eugen Ulmer KG, which debates on library's rights for digitizing their collections without the rightholder's permission, is analyzed. As a result, this study analyzes its implications for the improvement of the existing copyright system in Korea.

• Journal of the Korean Society for information Management
• /
• v.24 no.4
• /
• pp.97-117
• /
• 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.

• The Korean Journal of Archival Studies
• /
• no.66
• /
• pp.203-227
• /
• 2020

This article explores the influence of the king in the Joseon dynasty's document transmission system, focusing on some exceptional cases. According to the Joseon's law, the form of official documents depended on rank differences between receiver and sender. However, there were cases of not following the general principles such as Byungjo(兵曹), Seungjeongwon(承政院) and Kyujanggak(奎章閣). Byungjo was a ministry in charge of military administration. Seungjeongwon was a royal secretary institution which assisted the king and delivered king's orders that existed from the early Joseon. Kyujanggak was a royal library and an assistant institution of the king that was established in the JeongJo(正祖) era. Byungjo was regarded as a relatively high-ranking institution when it sent and received military-related documents. Seungjeongwon and Kyujanggak could use Kwanmoon(關文) to upper rank institution. Kwanmoon was the document form used for institutions of the same or lower rank than itself. Conversely, higher rank institutions used Cheobjeong(牒呈) which was stipulated as a document form to using upper rank institution in law to send them. The reason that they could have privileges in transmission document system was that Joseon had an administrative system centered on the king. Byungjo was an institution entrusted with military power from King. Seungjeonwon and Kyujanggak took charge of the assistance and the delivery of King's order. so they could have a different system of receiving and sending document than the others. In conclusion, the Joseon Dynasty operated exceptions in document administration based on the existence of the king, it means Joseon's transmission document system was basically operated under the Confucian bureaucracy with the king as its peak.