• Title/Summary/Keyword: copyright act

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A Study on Copyright Exemption and Fair Use on Library Service (도서관서비스의 저작권 면책과 공정이용에 관한 고찰)

  • Lee, Ho-Sin
    • 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.

Music License in the Metaverse

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

Copyright Issues in Nigeria: Analysis of Nigerian Copyright Commission Cases Between the Years 2008 - 2018

  • Adeyemi, Ismail Olatunji
    • International Journal of Knowledge Content Development & Technology
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    • v.10 no.1
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    • pp.71-82
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    • 2020
  • Nigeria Copyright Commission is saddled with the responsibility of ensuring adherence to the copyright law in Nigeria. However, it has been observed in the last decade that copyright right issue is still rampant in Nigeria. Therefore, this study analyzed cases that the Commission in involved in between years 2008 to 2018. The study adopted citation analysis. The study collected data from three selected law reports, which include Intellectual Property Law Reports, Nigerian Weekly Law Reports and Nigeria Law Intellectual Property Watch. It was found that Nigerian Law Intellectual Property Watch has the highest number of reports of cases involving Nigerian Copyright Commission while none was reported by Nigerian Weekly Law Reports. It was also found that most of the cases handled by the Commission were on copyright infringement. The study concludes that Nigerian Copyright Commission has been paying credible attention to issue that surrounds software infringement but there has been little attention paid to book piracy. Moreover, it was established that the poor attention given to book piracy may entrench the publication of pirated copy and would subsequently lead to poor library service provision at the long run.

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 Management of Copyright Information for Increasing the Free Use of Government Publications as Public Works (공공저작물로서 정부간행물 자유이용 촉진을 위한 저작권정보 관리에 관한 연구)

  • Seo, Hyeongdeok;Joung, Kyoung Hee
    • Journal of Korean Society of Archives and Records Management
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    • v.22 no.3
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    • pp.125-141
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    • 2022
  • This study aims to suggest measures for handling copyright information on government publications during records and archives management to use them freely as public works according to Article 24-2 of the Copyright Act in Korea. Through email interviews with 17 records managers, persons in charge of government publication management, and government staff with experience in production from April 4 to June 13, 2022, this study determined the current situations and problems related to producing and managing copyright information on government publications. Based on the interview findings, this research suggested the following. First, Article 24-2 of the Copyright Act must be revised to apply the Korea Open Government License (KOGL) type 1 mandatorily to all public works. Second, a cooperative system for managing copyright information on government publications should be established to improve their production and management effectiveness. Third, copyright information, such as authors, copyright holders, copyright duration, information on the copyright property transfer, public works status, and reasons for nonpublic works, must be managed through records and archives management systems. Fourth and last, information on public works must be provided during the registration number application for government publication so that everyone can access the full texts of the publications on the National Archives of Korea website.

An Study on the Problems and Improvement of the 'Considerable Efforts' to Use Orphan Works: Focused on Mass Digitization in Libraries (고아저작물 활용을 위한 '상당한 노력' 규정의 문제점 및 개선에 관한 연구 - 도서관의 대량디지털화를 중심으로 -)

  • Joung, Kyoung Hee
    • Journal of the Korean Society for Library and Information Science
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    • v.50 no.4
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    • pp.333-350
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    • 2016
  • Article 50 and article 18 related to orphan works in the Copyright Act of Korea and Enforcement Decree of the Copyright Act of Korea define 'considerable efforts' to locate copyright owners. This study analyzed the reasonableness of the efforts for mass digitization in libraries. The findings of the study were the duplication of searches on the 'Finding Copyright' website and the inquire to copyright trust management organizations by document, ambiguity of search criteria through information networks, and problems due to non-use of international standard identifiers in managing works on copyright register, works with undistributed compensation, and copyright trust management organizations. This study suggests that copyright trust management organizations should register trust works, the government should develop a guideline for detail guidance for searching information networks, and copyright works should be managed using international standard identifiers.

An Evaluation Study on the Copyright Protection Environment for Digital Libraries (디지털도서관의 저작권보호 환경 평가 연구)

  • 이종문
    • 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.

A Study on Copyright for the Development of Digital Information Resources (디지털 정보자원 개발을 위한 저작권 연구)

  • Hong, Jae-Hyun
    • 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.

The Role of ADR in the Resolution of the Copyright Disputes (ADR을 통한 저작권분쟁 해결에 관한 검토)

  • Kim, Sun-Jeong
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.85-112
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    • 2011
  • These days utilization of copyright in daily life and economic activities is becoming more important than ever, and IT technology is developing day by day. Along with those fact, copyright infringement and dispute is naturally increasing. This thesis dealt with the 3 different issues of ADR on copyright. The First part, introduce ADR system that was performed by Korea Copyright Committee according to Copyright law. This paper evaluate the committee's efforts to provide resolution of copyright disputes via conciliation was effective. So it needs to be look over several countries' ADR, beside conventional judicial remedy. And Korea's copyright conciliation system which is successfully operating also introduced. Second, In many countries, including South Korea are take advantage of conciliation as the way to settle down the dispute over copyright. Furthermore, looked over if we can use arbitration as tool to settle dispute or not. Currently in Korea, patent dispute is handled by Industrial Property Dispute Conciliation Committee(The Invention Promotion Act Ch.5) and Layout-design Review and Mediation Committee(The Act on the Layout-designs of Semiconductor Integrated Circuits Art.29-34), but using performance of those two committee is still too low. In comparison, the copyright committee, a affiliation organization of the ministry of culture, sports and tourism has much more result in conciliation compare with patent dispute. Copyright disputes has arbitrability of it's subject-matter and many regulating organs are interested in it. (especially, binding of arbitral award and final resolution). Take advantage of both conciliation and arbitration could be good way to resolve copyright disputes. Third, the writer look at the proposal on the creation of Northeast Regional Center for Intellectual Property ADR. Because of the nature of copyright and rapid development of internet technology, international use of work become more frequent and accordingly infringement cases are increasing. The role of commercial arbitration regimes and institutions which has progressed significantly worldwide level, but which has only just begun in the intellectual property ADR area, leads also to a clash of often very different legal cultures and protection in a market economy. International cooperation in regional area with conflict interests becomes an important alternative. But it will depend on the building of regional institutions and mechanisms. The feasibility of this proposal and preconditions were examined. Establishment of new international organization requires a lot of time, cost and efforts. And risk of failure is much too high. Therefore factual, statistical review should be preceded. In addition, technical measures, such as on-line arbitration is necessary to review also. Furthermore in order to establish new organization, the relative law, legal environment, public sentiment and international compliance must be carefully considered with factual review about the needs and economic benefits of each country Yet on complex regulatory matters such as IP and ADR, a great deal of the potential benefits from international standards arises not from the international legal framework nor even the formal content of national legislation, but from the informed and effective use made of the possibilities within the system, including by policymakers and regulators.

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