• Title/Summary/Keyword: Copyright limitations

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Possibility of Transmission for Works Beyond Library Fence: Review on the Main Contents and Limitations of Article 35-4 of the Copyright Act (도서관의 울타리를 넘어서는 저작물 디지털 서비스의 가능성: 저작권법 제35조의 4의 주요 내용과 한계에 대한 검토)

  • Lee, Hosin;Joung, KyoungHee
    • 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.

A Study on the Current Issues and Improvements for Document Delivery Services based on the Information Service Networks: Focus on Copyright Issues (국내 정보서비스 협력체를 통한 원문복사서비스 현황과 개선 방안 연구: 저작권 문제를 중심으로)

  • Joung, Kyounghee;Kim, Gyuhwan
    • Journal of the Korean Society for information Management
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    • v.32 no.3
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    • pp.413-432
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    • 2015
  • This study analyzes the copyright problems of document delivery services based on interlibrary loan which are operated by KERIS and KISTI according to the agreements with KORRA. As a result of the study, we found that there are limitations of the libraries and copyright works to implement the document delivery services. Also, the electronic document delivery is the only between librarians and there is no provisions in the agreements for individual users who are not affiliated to libraries. This study suggests introduction of the ground provision for the interlibrary loan in the Copyright Act of Korea and development of authoritative guideline for details of document delivery services. Also, the study suggests that end users to request documents could be print out it but the library have to install systems to avoid copyright infringement. Finally, the study proposes the copyright fee based model for the document delivery services for individual users.

A theoretical review on the limitations of applying copyright law in the arts (예술창작에서 저작권법 적용의 한계에 대한 이론적 고찰)

  • Hong, Kiwon
    • Korean Association of Arts Management
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    • no.51
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    • pp.167-190
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    • 2019
  • Copyright law has functioned to certify the authorship and artistic identity of an artist as well as to remunerate the artist's labor in monetary terms. However, the legal stability of copyright law may be questioned and even challenged because it shares the ground with unfixed notions of the concept of art. This study is an attempt to find theoretical argument where such instability of copyright law stems from, by looking into the theories of Aesthetics and history of arts. The first argument builds up on the ambiguity of discriminating between the Aesthetic concept of expression and idea. The second argument illuminates how new conventions of creating art work and emerging ideals of making art prevents to accommodate copyright law in the fields of art. New art forms such as conceptual art and place specific art are such examples. Increasing role of public arts projects also questions the conventional adoptions of copyright law. Arts management is closely related with this phenomena since their job is to administer the complex situation of introducing artists to the knowledge of copyright law.

A Study on Library Exemption for the Cooperative Utilization of Digital Information by Digital Republication and Transmission between Library and Library (도서관간 복제·전송에 의한 디지털 정보의 공동이용을 위한 도서관 면책 연구)

  • Hong, Jae-Hyun
    • 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

Copyright Issues for Distance Learning Library Services Focusing on the Right of Reproduction and Right of Communication (원격교육 지원을 위한 도서관 정보서비스에 있어서 저작권 문제 -복제권과 전송권을 중심으로-)

  • 김현희;정경희
    • Journal of Korean Library and Information Science Society
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    • v.33 no.1
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    • pp.15-34
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    • 2002
  • This study investigated the copyright problems in the course of distance teaming. The Copyright Act of Korea is built to protect the rights of authors and the rights neighboring on them and to promote fair use of works in order to contribute to the improvement and development of culture. However, for efficient use of library's materials for distance education, some articles in the Copyright Act of Korea is needed to be changed. We suggested the revision in the article 23 “Reproduction for the Purpose of School Education” and the article 28 “Reproduction in Libraries, etc”.

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A Study on Application Method of Ontologies for Efficient Semantic-based Search of Copyrighted Works (저작물의 의미 기반 검색을 위한 온톨로지 적용 방안 연구)

  • Yoo, Min-Kyu;Kim, Yoon-Ho
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.15 no.5
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    • pp.19-28
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    • 2015
  • Korea Digital Copyright Exchange of Korea Copyright Commission runs and manages copyrighted works and copyright license agreement, as well as assigns Integrated Copyright Number(ICN) to copyrighted works, also offers copyrighted works searching service. Keyword-based searching method based on ICN metadata provides results depending on the inclusion of metadata keyword. However, keyword-based searching method has limitations that cannot provide exact results that users need. Therefore, the essential method of offering exact result is needed. In this paper, we propose the semantic-based searching method about copyrighted works to increase the accuracy of searching results by extending ICN matadata to ontology, and implement the ontology of copyrighted works by defining relation and semantics about metadata elements. In order to compare semantic-based searching based on the ontology of copyrighted works with keyword-based searching method, the search results of each method according to 5 scenarios are presented and the accuracy of each method is compared.

A Study on Limitations on the Right of Reproduction and Right of Communication to the Public in Digital Networked Environment (디지털 복제권 및 전송권 제한에 관한 연구)

  • 정경희;이두영
    • Journal of the Korean Society for information Management
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    • v.18 no.4
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    • pp.127-142
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    • 2001
  • It has been criticized that the right of reproduction and right of communication to the public in the Copyrigt Act of Korea, which was amended in the year of 2000 in line with new environments around digital networks, limited the limitation to author’s property right in private use and library exemption too much. Solving the problem above, this study analyzes comparatively WCT, Amended Proposal for a Directive on Copyright and Related Rights in the Information Society, Copyright Law of the United States of America, Copyright Amendment(Digital Agenda), and Copyright Act of Korea. Based on the results from related case analyses and a survey on how stakeholders view copyright issue, in addition, this study presents a reasonable way of limiting rights of reproduction and rights of communication to the public.

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Problems Judicial Liability of On-Line Service Providers under the Infringement of Copyright in Internet (인터넷 상에서 저작권침해에 따른 온라인서비스 제공자의 책임문제)

  • 박종삼
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.123-169
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    • 2002
  • The Advent of the global information structure and the do-called digital revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity\ulcorner diversity\ulcorner spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. Especially, the damage from the above side effects on the cyberspace can be much more serious than in the real world because of promptness, wideness and anonymity. Therefore, regulating and controling the freedom of speech on the cyberspace became needed, and there are two kinds of opinion; one is that the laws in the real world should be applied for the cyberspace and the other is that regulating and controling the freedom of speech on the cyberspace should be performed by the users of cyberspace not by laws because the cyberspace is a free space and must not be interfered. In this study, the current judicial regulation of cyberspace, the side effects of cyberspace and the limitations of the freedom of speech are studied to solve the above problems with speech and the liabilities of on-line service providers are discussed around defamation the distribution of obscene pictures and information, and infringement of copyright.

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An Analysis on the Results of the Operation for Library Remuneration System (도서관보상금제도의 운영성과에 대한 분석)

  • Joung, Kyoung Hee
    • Journal of the Korean Society for Library and Information Science
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    • v.49 no.4
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    • pp.265-288
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    • 2015
  • This study analyzed the contracts for library remuneration, amount of the remuneration, average amount of the remuneration in relation to kinds of libraries, distribution of the remuneration, and types and publication year of the works to be collected remuneration based on the data during 2004~2014 from the KORRA. As results, current library remuneration system has limitations for libraries to digitize and transmit to the public their collections, Also, there are some limitations to the protection for copyright holders because the amount of the remuneration collected from libraries has declined and non distribution remuneration has been so high. This study suggested that the library remuneration system needs to be revised considering the scope of library materials to be digitized and predicted frequency of use. Also, the better practical solution to protect copyright holders is not a raise of the library remuneration but the efficient use of the non distribution remuneration.

A Study on the Provisions in Line with the Free Use of Public Works in the Aspect of Archival Information Services (기록정보서비스 관점에서 공공저작물 자유이용 법제화의 의미와 한계에 대한 고찰)

  • Joung, Kyounghee
    • 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.