• Journal of Korean Society of Archives and Records Management
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• v.20 no.4
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• pp.169-184
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• 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the interconnection between cultural heritage institutions more beneficially; and (3) considering that there are many unpublished works in the archives, Article 35-4 should be revised to also be applicable to those works.

• Journal of Korean Society of Archives and Records Management
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• v.14 no.4
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• pp.177-198
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• 2014

This study analyzed the meanings and other details of the provisions in line with the free use of public works introduced through the Copyright Act of Korea in Dec. 2013 in the aspect of archival information services and indicated the limitations as follows. First, not all institutions shall follow the provisions because it does not cover all institutions under the Law of Records Management in Korea. Second, even though most of works made for hire in state institutions, local governments, and public institutions are not yet made public, to enable a work to be made public is a requisite for public works to be used for free. This is to limit the scope of public works. To solve the problems, this study suggested the revision directions of the Copyright Act of Korea that every school, which creates works made for hire, are covered in the institutions that enable the free use of works and change the requisite to make a work public for the disclosure the information. This study also suggested that the element for copyright information shall be created in the records schedule for public institutions and metadata standard for records management. The copyright information shall also be described when the records are registered.

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