• Title/Summary/Keyword: Copyright Act

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Data mining and Copyright

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

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.

A Study on Legal Prospects of Digital Collections' Fair Use: Focused on the Article 31 of Copyright Act (도서관 디지털 장서의 공정이용에 관한 법제도적 고찰 - 「저작권법」 제31조를 중심으로 -)

  • Kim, Su-jin;Kim, You-seung
    • 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.

A Study on Development of the Copyright Guideline on Reproduction and Transmission in Libraries (도서관에서의 복제 및 전송에 관한 저작권 지침 개발 연구)

  • Hong Jae-Hyun;Joung Kyoung-Hee;Lee Ho-Sin
    • 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.

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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 Practical Countermeasures of Copyright Appraisal with the Amendment of Civil Procedure Act in 2016 (민사소송법 개정에 따른 저작권 감정 제도의 실무적 대응 방안)

  • Kim, Si Yeol
    • Journal of Software Assessment and Valuation
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    • v.16 no.1
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    • pp.1-11
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    • 2020
  • The March 29, 2016, amendment to the Civil Procedure Act introduced changes to the appraisal procedures, including new obligations for appraisers, changes in the modes of appraiser testimony, and questioning of appraisers through video conferencing, with all seemingly aimed at procedurally addressing the issues with appraisal in the context of court proceedings. The changes introduced by the amendment also affect the appraisal procedures for copyrights. In light of the above, this article examines how the amendment to the Civil Procedure Act affects the appraisal procedures for copyrights. Specific issues covered by this paper include: appointment of additional appraisers, prohibition of delegated appraisal, operation of the multiple appraisal system, disclosure of participating experts, proximity of the appraiser system, and congruence of areas of expertise.

A Comparative Analysis of the Library Exceptions in Copyright Laws in Major Countries (주요국 저작권법의 도서관 예외 규정 비교 분석)

  • Joung, Kyounghee
    • 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.

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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Library's E-book Service and Copyright (도서관의 전자책 서비스와 저작권)

  • Lee, Hosin
    • 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.