• Journal of the Korean Society for information Management
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• v.37 no.3
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• pp.107-131
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• 2020

This study is to examine the possibility of applying the Article 35-4 of the Copyright Act and the relevant regulations of the enforcement decree of the same law to the construction and service of digital library. The background and necessity of the revision were understood by examining the related regulations and discussions in previous studies, including Articles 31 and 50 of the Copyright Act. Then, the detailed contents of the provision were analyzed by referring to the laws, enforcement decrees, and ordinance of the Ministry of Culture, Sports and Tourism. In addition, through comparison with Articles 31 and 50 of the Copyright Act, the characteristics, significance, limitations, and problems of this provisions were analyzed. Based on this, we proposed four ways to increase the effectiveness of this provision.

• 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the interconnection between cultural heritage institutions more beneficially; and (3) considering that there are many unpublished works in the archives, Article 35-4 should be revised to also be applicable to those works.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 the Korean Society for information Management
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• v.41 no.2
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• pp.131-154
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• 2024

This study aims to check the effectiveness of 'diligent search' stipulated in Article 35-4 of the Copyright Act of Korea. 'Diligent search' is to identify the copyright holder and his or her contact information. But the process provided by the law includes many cases in which it is practically impossible to identify the relevant details, and includes unnecessary requirements. So it appears that improvement is needed. Based on this, it was proposed to improve the text of the Copyright Act (Article 35-4) and to abolish unnecessary provisions (Article 16-3 no.5~8) of the Enforcement Decree.