• Journal of the Korean Society for information Management
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• v.22 no.1 s.55
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• pp.21-45
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• 2005

The document delivery service is an advanced service to satisfy information need of end-user by the cooperative utilization of information. At present there are various interpretation on library exemption of the document delivery service by interlibrary loan. The purpose of the study is to suggest a legal plan in order to solve the problems of library exemption dealing with the document delivery service by Fax and Ariel system. The study examined the international trends on library exemption related to the document delivery service in foreign copyright laws, analyzed the library exemption related to the document delivery service in the present Korean copyright law, and pointed out the problems of the present library exemption. As the result of this analysis, the study suggested a revised plan of the present Korean copyright law in order to provide regulation of library exemption dealing with the document delivery service by interlibrary loan. Thus the revised plan can be used as a basic data for providing the regulation for the future of library exemption in Korea.

• 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 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 Library and Information Science
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• v.48 no.1
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• pp.387-413
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• 2014

The purpose of this paper is to understand copyright exemption for libraries including Copyright Act Article 31. Especially, it is focused on the impacts on fair use article which is recently introduced in Korean Copyright Act. It looks into completely copyright exemption which libraries can make use of. And then it also rearranges the resources which library can use without the copyright owner's permission. Further, it explores the meanings of fair use and the detail requirements for adoption to library services. And it analyzed some cases which can be applied substantially for library services.

• Journal of Korean Library and Information Science Society
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• v.36 no.1
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• pp.505-525
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• 2005

The purpose of this study is to suggest $\lceil$the copyright guideline on reproduction and transmission in libraries$\rfloor$ in order to produce and service works within the framework of the present Korean copyright law. The study examined researches on the library exemption regulation based on the present Korean copyright law and copyright remuneration. Also the study examined revised draft of present Korean copyright law. In the introduction Part of this guideline the purpose of the guideline is clarified and terms used in the guideline is defined. In the body of this guideline the copyright guideline on library exemption regulation(the article 28 in the Copyright Act of Korea) and copyright remuneration related to reproduction and transmission in libraries is in detail suggested.

• 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.

• Journal of Korean Library and Information Science Society
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• v.41 no.2
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• pp.229-250
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• 2010

Open access policies are very important for the successful open access projects in any institutions. This study aims to propose elements to consider for establishing open access policies of universities. The 3 university institutional repositories' open access policies in Korea and foreign universities' policies registered in the ROARMAP are analyzed. The major categories proposed in the study are materials, time of deposition, depositors, copyright, level of requirement, exemption, usage, options for open access, and support.

• Journal of the Korean Society for Library and Information Science
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• v.47 no.1
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• pp.249-268
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• 2013

Public Performance in Copyright Law is a wider concept, which people generally think. It includes the presentation of a work to the public by acting, musical playing, singing, narrating as well as even the act of mechanical playing phonogram and cinematographic work. Article 29 in Korean Copyright Act is the restriction of an author's public performance right. It shall be permissible to perform publicly or broadcast a work already made public for nonprofit purposes and without charging any fees to audience, spectators, or third parties, provided that the performers concerned are not paid any remuneration for such performances. Commercial phonograms or cinematographic works may be played back for the public, if no fee is charged to the audience or spectators, except in cases as set forth by Presidential Decree. In recent year, public performance in libraries became a major issue of the Copyright Law. It is a claim that watching cinematographic works in libraries is one of the act that should apply public performance right, thus to use commercial cinematographic works before six months, which was published, need permission to copyright owners. But this claim is unfair because it can make impossible normal library service. Thus there is a need to revise the Copyright Law to understand the difference between act of viewing and public performance in libraries.

• Journal of the Korean Society for Library and Information Science
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• v.23
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• pp.263-301
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• 1992

In recent years, Korean public libraries, placed under changing circumstances, require that some new and positive financial policies be formulated for the improvement of their services. T he purpose of this study is to propose a scheme to ensure the revenues of Korean public libraries. The main contents of this study are as follows : (1) Public finance theory is applied to the question of why the public library is publicly supported. The public library does not contribute to stabilization, but it does playa role in each of the other public sector functions : allocation of resources and redistribution of income. In public finance terms there is justification for at least partial subsidy of public library services, which have the attributes of public goods, merit goods and externalities. (2) Public libraries in Korea find themselves suffering from limited budgets. They are neglected in national and local budgets. The lack of adequate funding for library collections prevents libraries from rendering efficient services. (3) In order to put the finances of the Korean public library system on a firm basis, the following proposals are made: 1) It is proposed that the parallel administration under which public libraries are organized be unified to be directly under the local governments. 2) It is proposed that the legislative and administrative system for public library finance be strengthened. (1) Library expenses should be itemized independently in the calculation of general grants-in-aid to local governments. (2) A fixed portion of the total municipal revenue should be appropriated for public library services. It can be executed by making provisions expressly in the annual guidelines for budgeting, municipal ordinances, or in the Library Promotion Law. The rate of allocation should be specified as a part of the national public library development plan. (3) Library tax as a local tax can be imposed. An indirect tax is preferable in order to avoid public misunderstanding and antagonism. 3) The augmentation of the specific grants-in-aid for the public library is proposed. The Library Promotion Law and the Law on Budget and Administration of Grants should be amended to oblige the central government to give financial assistance to local public libraries. 4) It is proposed that strategies to encourage private endowments be worked out. Revision of the Law on Tax Reduction and Exemption and the activation of an advisory library committee at each public library are recommended. 5) Funding and utilization of the envisioned Library Promotion Foundation is proposed. Government contributions, contributions from the Culture and Arts Foundation, and donations from individuals, corporations, and enterprises can be considered as the financial resources of the Foundation. 6) It is proposed that the structure of the Korean Library Association be consolidated to exercise greater influence over the formation of national policy on the public library system. 7) It is proposed as an ultimate guarantee of the health of the public libraries that the citizenry be educated to strongly support library services in responce to the active services provided by the public libraries.

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