• Journal of the Korean Society for information Management
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• v.19 no.2
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• pp.181-201
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• 2002

As Information Technology has developed, digital library has an opportunity to change the paradigm of role of library to adjust in digital environment. Digital library has promote information services with digitization of materials. In library fare use is allowed to the public for information services. However, digital copy and transmission is simple in digital environment, to balance between owner and user is not easy but important things. Therefor, current copyright act is revised to adjust these environment but the act restrict the users'accessing digital library through interned, not complied with the motive of revision. Moreover, proposed act which is proposed to facilitate digital library services also extremely limits information services. In this monograph, I will review the copyright act related library and seek for the improved means.

• 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.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.17 no.2
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• pp.83-114
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• 2006

The research investigated definition, scope and feature of digital contents in order to discuss legal protection of digital contents. The protection law and current trend of protection of digital contents in United States of America, EU and Japan were examined. As the law which protects digital contents in Korea. the contents and characteristics, etc. of copyright act of Korea and online digital contents industry development act were examined and analyzed. And then relationship of digital contents and copyright, namely, the relationship of database and copyright, relationship of digital contents by translation. arrangement, alteration, dramatization, cinematization, etc. of an original work and copyright; relationship of other digital contents and copyright; relationship of file sharing of digital contents and copyright, were examined and copyright issues were discussed in library. And also the research suggested concretely necessary countermeasure of copyright which the library must take. Finally, this paper suggested the improvement direction for legal protection of digital contents we must aim ultimately.

• 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

• Journal of the Korean Society for information Management
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• v.19 no.3
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• pp.211-326
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• 2002

This study is to analyze and evaluate copyright protection environment in digital reproduction and transmission, find out problems involved. and suggest recommendations for improvement. Data was collected 50 libraries to which digital reproduction and transmission is permitted under the Copyright Act were surveyed to examine the present states of digitalization and the systems employed. Also, library users, sampled from 5 libraries carrying out all the 6 technical measures obliged by the Copyright Act, were surveyed to examine their use of digital materials and perception on the copyright. After reviewing descriptive statistics, frequency and cross-tabulation analysis were made. The results of the analysis are most of the libraries. except for the industry university libraries, have implemented digital library systems, but the introduction rate of both digital reproduction system and transmission system are high (68.0% and 84.0%. respectively), while that of copyright protection system was low (26.0%). 84.0% of the libraries surveyed digitalize the full text, but the Libraries have digital collection less than 5,000 items, and only 33.3% of them digitalize materials with securing the copyrights. Regulations on copyright protections are not obliged properly. and it appeared that not only users' perception and perception of copyright as well as their use of electronic books are relatively low.

• Journal of Information Management
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• v.33 no.4
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• pp.57-84
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• 2002

Digital library in knowledge-information-based society of the 21st century should develop legally various digital information resources in order to provide information services to users. This study analyzes and examines in detail the related provisions of copyright law relating to the development of digital information resources(digitalized works, electronic books, electronic journals, electronic reserve materials etc.). This study also points out the problems of the current Copyright Act and proposed Copyright Act of Korea. And it suggests necessary measures and improved plans to promote the development of digital information resources.

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