• Proceedings of the Korea Contents Association Conference
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• 2016.05a
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• pp.147-148
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• 2016

전자책은 최근 몇 년 동안 급속 성장을 하고 있는 중이다. 전자책은 현재 판매와 대여라는 두 가지 방식으로 서비스되고 있는데, 이 서비스의 법적 근거는 무엇인지 따져본다. 저작권자는 저작물의 원본이나 그 복제물을 공중에게 대가를 받거나 받지 아니하고 양도 또는 대여할 권리인 배포권을 가진다. 단, 배포권은 최초 판매의 원칙에 의해 제한을 받는다. 저작권자의 허락을 받아 판매된 복제물의 경우 더 이상 저작권자의 배포권이 미치지 않으며, 이를 최초 판매의 원칙이라고 부른다. 최초 판매의 원칙은 도서나 영화 DVD 등과 같은 유형물에만 적용되는 것으로서, 디지털화되어 유형물 없이 거래되는 저작물은 그 적용 대상이 아니다. 단, 우리나라 법에는 최초 판매의 원칙의 예외로 판매용 음반이나 판매용 프로그램에 대해서는 대여권을 부여하고 있다. 예외 조항에 전자책은 포함되지 않는다. 법적 근거가 없는 전자책 대여의 맹점에 대해서 고찰토록 하겠다.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.15 no.1
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• pp.117-135
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• 2004

The purpose of the study is to suggest preferable future strategies for interlibrary use of e-journal. For this purpose, the study reviewed the meaning of interlibrary use for e-journal in the digital environment and the disputes about it, and analyzed several license clauses for interlibrary use.

• Journal of the Korean Society for Library and Information Science
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• v.55 no.3
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• pp.131-154
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• 2021

This study is to in-depth analysis of the copyright issues related to the library's e-book service, which is the cause of the recent conflict between the publishing industry and the library industry. To this end, the purpose and outline of the copyright system were briefly summarized. Then, the jurisprudence of the Copyright Act applied to the borrowing of paper books and e-books was analyzed, and the position of the publisher's association and the library industry were reviewed together. In addition, problems of the current copyright act related to e-book services were diagnosed and directions for improvement were sought. Unlike in the case of paper books, first sale doctrine does not apply to e-book borrowing, so the library cannot acquire the right to service just by purchasing e-books. Based on the contract signed with the distributor in the process of purchasing the e-book, the library acquires the right to service the e-book. However, if the validity period of the exclusive publication right expires, the contract itself becomes invalid, which can cause serious problems in the stability of library services and preservation of resources. In order to solve this problem, it is suggested that the first sale doctrine needs to be extended to digital works.

• Journal of the Korean Society for information Management
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• v.40 no.1
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• pp.199-224
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• 2023

The purpose of this study is to develop a reasonable improvement plan for e-book licenses as a prerequisite for the continued operation of library e-book services. The study aims to understand the fierce conflict surrounding e-book licenses between domestic libraries and the publishing industry and to propose solutions based on this understanding. To achieve this, the legal meaning of e-book licenses is analyzed, and the fundamental reasons for conflict between the publishing industry and libraries are examined in relation to the characteristics of e-books. In addition, various types of e-book licenses are classified, and the status of library e-book licenses and conflicts in major countries around the world, including Korea, the United States, Germany, France, and Japan, are investigated. Based on this, implications that can help resolve domestic issues are presented.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.181-202
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• 2020

The Non-Appropriation Principle was stipulated in the OST and the MA. However the MA, creating CHM in international law for the first time, attempted to further limit the prohibitions to include ownership of resources extracted from celestial bodies, its rejection by the U.S. and most of the international spacefaring community prevented it from serving as a binding international treaty. Individuals or private enterprises intending to perform space exploitation must receive approval from the nation and may not appropriate outer space or celestial bodies. In the course of this space activity, each party will be liable. Articles 6 and 7 of the OST and the Liability Convention of 1972 deal with matters concerning those problems. The CSLCA of 2015 and Luxembourg Space Resources Law of 2017 allows States to provide commercial exploration and use of space resources to their own nationals and to companies operated by other countries within their territory. These laws do not violate Article 2 of the OST. In the case of the CSLCA of 2015, the law clearly states that it cannot claim ownership, sovereignty or jurisdiction over certain celestial bodies. Even if scholars claim that the U.S. CSLCA and Luxembourg Space Resources Law violate the non-appropriation principle of the OST, they cannot prevent these two countries from extracting the space resources on "the first come, first served" basis. The legal status of outer space including the moon and other celestial bodies is res extra commercium, like the high seas, where the fishing vessels from each country catch and sell fish without occupying the sea. Major space-faring nations must push for the adoption of an international regulatory committee which will oversee applications and issue permits based on a set of robust, modern, and forward-thinking ideals that are best equipped to govern and protect outer space as individuals, businesses, and nations compete to commercialize space through mining and the extraction of space-based resources. The new Corpus Juris Spatialis on the development of space resources, whether it is a treaty or a soft law such as recommendation and declaration, in the case of the Moon and Mars, will cover a certain amount of area to develop, and the development period by the states should be specified.