• International Journal of Internet, Broadcasting and Communication
• /
• v.14 no.4
• /
• pp.11-19
• /
• 2022

Data mining has broad applications that reach beyond scholarly and scientific research and provide internet search engine services that are commonly used forms of Text and Data Mining('TDM') of websites. The exceptions and limitations for data mining provide a competitive advantage in the global race for policy innovation because it permits researchers to conduct computational analysis - TDM on any materials to which they have access. For this purpose, Japan and the EU added limitations on copyright to legalize some TDM research through amendments to copyright law, and the U.S. copyright law has allowed data mining by the fair use provision. On the other hand, there are no explicit exceptions and limitations for data mining under the Korean Copyright Act, and there are no cases considering data mining fair use. We review comparatively exceptions and limitations on copyright which will help to encourage AI-related business by using more data smoothly through the mining process and extracting more valuable information.

• Journal of Korean Library and Information Science Society
• /
• v.43 no.1
• /
• pp.349-369
• /
• 2012

This study aims to examine the problems of the Article 31 of the Korean Copyright Act and to suggest the improvement of the Article 31. The study analysed the establishment and revisions of the Act and the Article 31. The study suggests the followings for the improvement of the Article 31: firstly, to limit copyright limitations for libraries operated by profit organizations but to extend copyright limitations for libraries operated by non-profit organizations, secondly, to abolish the system of property rights compensation, thirdly, copyright organizations and library associations closely discuss to solve the problems on reproduction prevention measures, the amount of reproduction, the inter-library loan of library materials among libraries.

• 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 the Korean Society for Library and Information Science
• /
• v.44 no.4
• /
• pp.277-301
• /
• 2010

Since the England's Parliament revised the British copyright law and enacted the first copyright exception specifically for libraries (user or service) in 1956, copyright exceptions applicable to libraries have been an important part of world copyright laws through the last few decades. Copyright exceptions for libraries are a critical legal tool to preserve intellectual and cultural heritage, promote equitable access to knowledge and information to the public, and to support learning and research. Based on these reasons, this study analyzed and compared the current state of copyright structure and limitations or exceptions for library in six major countries(United States, United Kingdom, Germany, France, Japan, and Republic of Korea).

• Journal of the Korean Society for Library and Information Science
• /
• v.40 no.1
• /
• pp.163-194
• /
• 2006

The purpose of this study is to find out the ways of protecting copyrights of North Korean works focusing on the limitations on exclusive rights in the South Korean libraries. This study deals with the articles of the copyright laws which are rotated with using materials in libraries both North and South Korea. It also covers related provisions of Borne Convention for the Protection of Literary and Artistic Works. The past study on the copyright protection has mostly focused on how we protect the copyright of publications and works which are published for profit. This study proposes some solutions from the legal institutional aspects, policy and socio-cultural aspects in order to protect the copyright of North Korean works and improve their use under the limitations on exclusive rights by libraries.

• Journal of Korean Library and Information Science Society
• /
• v.11
• /
• pp.69-99
• /
• 1984

A dramatic development in the new technology of copying materials has presented us with massive problems on reconciling the conflicts between copyright owners and potential users of copyrighted materials. The adaptation to this changing condition led some countries to revise their copyright laws such as in the U. S. in 1976 and in Korea in 1984 for merging with the international or universal copyright conventions in the future. Copyright defined as exclusive rights given to copyright owners aims to secure a fair return for an author's creative labor and to stimulate artistic creativity for the general public good. The exclusive rights on copyrightable matters, generally for reproduction, preparation of derivative works, public distribution, public performance, and public display, are limited by fair use for scholarship and criticism and by library reproduction for its preservation and interlibrary loan. These limitations on the exclusive rights are concerned with all aspects of library services and cause a great burden on librarian's daily duty to provide balance between the rights of creators and the needs of library patrons. The fair use as one of the limitations on it has been coupled with enormous growth of a new technology and extended from xerography to online database systems. The implementation of the fair use and library reprography in Korean law to the local practices is examined on the basis of the new American copyright act of 1976. Under the draft revision of Korean law, librarians will face many potential problems as summarized below. 1. Because the new provision of 'life time plus 50 years' will tie up substantial bodies of material longer than the old law, until that date librarians would need permissions from the owners and should pay attention to the author's death date. 2. Because the copyright can be sold, distributed, given to the heirs, donated, as a whole or a part, librarians should chase down the heirs and other second owners. In case of a derivative work, this is a real problem. 3. Since a work has its protection from the moment of its creation, the coverage of copyrightable matter would be extended to the published or the unpublished works and librarian's work load would be heavier. Without copyright registration, no one can be certain that a work is in the public domain. Therefore, librarians will need to check with an authority. 4. For implementation of limitations on exclusive rights, fair use and library reproduction for interlibrary loan, there can be no substantial aggregate use and there can be no systematic distribution of multicopies. Therefore, librarians should not substitute reproductions for subscriptions or purchases. 5. For the interlibrary loan by photocopying, librarians should understand the procedure of royalty payment. 6. Compulsory licenses should be understood by librarians. 7. Because the draft revision of Korean law is a reciprocal treaty, librarians should take care of other countries' copyright law to protect foreign authors from Korean law. In order to solve the above problems, some suggestions are presented below. 1. That copyright clearinghouse or central agency as a centralized royalty payment mechanism be established. 2. That the Korean Library Association establish a committee on copyright. 3. That the Korean Library Association propose guidelines for each occasion, e.g. for interlibrary loan, books and periodicals and music, etc. 4. That the Korean government establish a copyright office or an official organization for copyright control other than the copyright committee already organized by the government. 5. That the Korean Library Association establish educational programs on copyright for librarians through seminars or articles written in its magazines. 6. That individual libraries provide librarian's copyright kits. 7. That school libraries distribute subject bibliographies on copyright law to teachers. However, librarians should keep in mind that limitations on exclusive rights are not for an exemption from library reprography but as a convenient access to library resources.

• Journal of Korean Library and Information Science Society
• /
• v.44 no.2
• /
• pp.315-343
• /
• 2013

Public works has been created by the taxes of the people, so free access and use of public works without charge in the public sector must be guaranteed for the benefit of the public. To do this, above all, a legal basis for solving the problems of the process for copyright should be to establish. Therefore, this study examined the legal concept of public works and the concept and scope of public institutions. And this study, as legislation case to limit the copyright protection of public works, analyzed the relevant provisions of copyright law and the recent revised plan in the U.S., UK, and Germany. And then I analyzed the regulations for limitation of copyright protection of current copyright law and the draft of copyright law on public works in Korea. Based on the results of these analyses, this study suggested the legal revised plan to expand significantly the limitations of copyright in order to activate the use of public works in the library.

• International journal of advanced smart convergence
• /
• v.10 no.3
• /
• pp.181-186
• /
• 2021

Among human intellectual creations, the right granted by law to what is worth protecting is defined as intellectual property rights. Copyright is a legal right to creative finished products made by individuals, and in recent years, this legal right has been recognized as very important. In other words, copyright is a system created to protect the rights of individuals who created creations and to recognize their efforts. Works subject to copyright vary from poetry, thesis, novels to designs, paintings, music, and architecture, and the scope of the subject is gradually expanding. Recently, research has begun on how far the Metaverse design area absorbed into the real world among works. Computer-generated video productions and software program works are also subject to digital copyright protection, but it is also true that the interpretation of the author protection law for works, designs, and trademarks in the virtual world is unclear. This study aims to analyze copyrights based on case studies and theoretical backgrounds on copyright protection and to discuss the protection limitations of Metaverse design in the virtual world. In other words, the direction for the protection of Metaverse design is presented through clear distinction and definition of copyright protection in the tertiary virtual world. This study aims to present methods for design copyright protection in the era of Metaverse, respect copyright holders' creative activities, and develop our culture through protection of creations.

• Journal of Korea Multimedia Society
• /
• v.23 no.2
• /
• pp.262-273
• /
• 2020

This paper analyzes the existing copyright management and copyright sharing model and discusses the limitations. It then proposes a consortium Blockchain-based copyright management model in which the service platform participates as a node, and discusses how to combine the My Data concept with Blockchain and smart contracts. Also, Blockchain-based CP-ABE is introduced and applied to the proposed model as a way for users to define access policies and store copyright data in encrypted form on the storage of the online service providers (OSP). Compared with the existing copyright management model, the proposed model allows the copyright holder to focus on copyright registration, license content design, and sharing, as the data subject. And it is expected to be able to transparently manage the usage records and the basis for the settlement of the copyrighted data that are shared and used on each platform.

• International journal of advanced smart convergence
• /
• v.12 no.4
• /
• pp.44-54
• /
• 2023

This paper provides a comprehensive analysis of the implications of the metaverse on the music industry, focusing on copyright issues and potential solutions. It delves into the concept and characteristics of metaverse platforms, describing them as environments that immerse users in a variety of virtual experiences. A significant portion of the paper is dedicated to exploring music use and copyright infringement in the metaverse. It examines how users incorporate existing music into their content, often leading to legal challenges due to copyright infringement. The paper discusses the role of online service providers (OSPs) in this context and the legal implications of their actions. The paper also addresses the 'safe harbor' provisions for OSPs and examines the balance between protecting rights holders and limiting OSP liability. It highlights the challenges and limitations of copyright enforcement in the metaverse, especially given the unique nature of content on platforms such as Roblox. Finally, the article proposes solutions to simplify music licensing in the metaverse, suggesting a shift from property rules to liability rules and the establishment of Collective Management Organizations (CMOs) to streamline the licensing process and better protect copyright holders' interests.