• Title/Summary/Keyword: Copyright law

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A Study on Internet Knowledge Markets and Copyright Issues in Korea (인터넷 지식거래소와 저작권에 관한 연구)

  • Noh, Young-Hee
    • Journal of the Korean Society for information Management
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    • v.24 no.1 s.63
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    • pp.121-145
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    • 2007
  • This study aims to identify copyright issues regarding the knowledge content currently circulated through knowledge exchange markets in the Republic of Korea. The content providers of knowledge exchange markets comprise government & public institutions, full-text database companies, publishers and individuals. It is worth noting that commercial trade of copyrighted content or material among academic journals, database companies and knowledge exchange markets essentially exclude individual authors who are the actual copyright holders. In principle, the original author owns the copyright whether it has an explicit notice or not. Unless the author/owner officially agrees to transfer the copyright including the right for so-called "derivative works", content-making based or derived from the copyrighted material, digitalization of the copyrighted work as well as its registration on full-text database and circulation through knowledge markets are illegal.

Protecting Game Developers Under the Works-for-hire Clause of Copyright Law (게임개발자 창작 권리보호 방안에 관한 소고 -저작권법의 업무상저작물제도를 중심으로)

  • Choi, Ji-Sun
    • Journal of Korea Game Society
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    • v.11 no.4
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    • pp.73-91
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    • 2011
  • This paper investigates the possibilities of protecting game developers under the work-for-hire provision of copyright law. Fundamentally, the work-for-hire clause provides the authorship status to companies, not to game developers. Some argue that the clause is especially appropriate in software industries including game industries because they are new and different from typical types of copyright industries. However, game industries are different from software industries as well as typical types of copyright industries in that they have both cultural (artistic) as well as industrial characteristics. Game developers not being provided with the authorship status may be one of the reasons for the disputes related to turnover and knowledge leakage. This paper mainly suggests three kinds of solutions: first, protecting the moral right even in the work-for-hire provision; second, protecting game developers as coauthorship; and third, providing monetary compensation as it is in employee invention.

Place-shifting of TV Content by the Use of Slingbox and the Copyright (슬링박스를 이용한 TV프로그램의 장소이동 시청의 저작권법상의 성격)

  • Cho, Youn-Ha
    • The Journal of the Korea Contents Association
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    • v.13 no.7
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    • pp.158-167
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    • 2013
  • This research examines the legal liability of place-shifting of TV contents by the use of the Slingbox. The place-shifting of TV contents is fair use because it is a non-commercial private use based on the relevant case law regarding time-shifting and device-shifting such as Sony, RIAA and Napster. But the sharing of place-shifting function is likely to be liable for copyright infringement. And place-shifting may not be fair use based on the cases which denied fair use of time-shifting and space-shifting because the consumers' convenience for the use of the copyrighted work is against the purpose of legislation of copyright law. Place-shifting is unlikely to have a significant effect on the potential market for TV contents because it presents lucrative new platforms to disseminate TV contents to computers and mobile devices. However it is likely to have negative effect because various devices can be the follow-up marketplaces of the copyright holders of TV contents. This study proposes the "innovative medium defense," a new doctrine to analyze liability of innovative media.

A Study on Copyright Problems for Promotion of Archival Information Service - Focused on Government Works - (기록정보서비스 활성화를 위한 저작권 문제 연구 - 정부저작물을 중심으로 -)

  • Joung, Kyoung-Hee
    • Journal of the Korean Society for information Management
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    • v.24 no.1 s.63
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    • pp.165-186
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    • 2007
  • This paper examines copyright problems of government works which take up a considerable part of public records. The provisions related to government works of the copyright laws of United States and United Kingdom are examined for the purpose of comparison with similar provisions in copyright act of Korea. The copyright act of Korea protects more strongly government works than U.K and U.S. therefore is an obstacle for use of the works. Also websites of governments and national archives are examined for their copyright policies in the process of service of government works. This paper found that the copyright policies of korean governments' official websites and the National Archives and Records Service limits free use of government works. This study proposed that the provision of definition for government works need to be added to the copyright act of Korea and the provision 7 should be revised. And open access license V.2 which was developed by Korean government should be applied to government works.

A Study of the Copyright Knowledge of Elementary School Teachers in Association with the Utilization of Education Information (초등교사의 저작권 지식수준 분석을 통한 교육정보 이용 활성화 방안 연구)

  • Kim, Ja-Mee;Park, Jung-Ho;Lee, Won-Gyu
    • Journal of The Korean Association of Information Education
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    • v.15 no.2
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    • pp.241-251
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    • 2011
  • As a lot of education information are increasingly utilized in the educational sector, there is a consequent increase in the number of cases that file an action against the violation of the copyright law. Copyright education is provided to teachers in diverse ways, but they aren't well aware of it actually. The purpose of this study was to examine the copyright knowledge of teachers in a bid to determine whether they knew well about what they had to do or not. The subjects in this study were 349 elementary school teachers. After their knowledge was evaluated, it's found that they were different from one another in copyright knowledge according to their experiences of producing educational contents rather than educational experiences about copyright. Although they ever received education on copyright, they were better knowledgeable about that when they actually made use of educational information at their own request. The findings of the study suggested that down-to-earth, authentic and context-specific copyright education would be more effective than just theoretical one.

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A Study on the Meaning of 'the Improvement and Development of Culture' under Article 1 of the Korea Copyright Act (저작권법 제1조상 '문화의 향상발전'의 의미에 관한 연구)

  • Lee, Byoung-Kyu
    • Journal of Legislation Research
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    • no.44
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    • pp.539-569
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    • 2013
  • Article 1 of the Korea Copyright Act stipulates that the purpose of this Act is 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. Hence, the improvement and development of culture is the final goal of the Copyright Act and should be the essential standard of the interpretation and application of the law. However, most of Korean copyright scholars do not explain the meaning of it and they even assume that protection of the copyright and promotion of fair use themselves are deemed as it. The meaning of the improvement and development of culture should be derived from the Constitution and there is a principle of the nation of culture as one of the basic constitutional principles. Pursuant to the principle of the nation of culture, the improvement and development of culture means maximization of the right of enjoyment from culture by the building of the ecology for the sustainable production and consumption of the works. This should be not only the legislative purpose of the Copyright Act but also the goal of culture policy.

A Study on the Fair Use Guidelines for Academic Libraries (대학도서관을 위한 정보 공정사용 지침 구성에 대한 조사 연구)

  • Choi, Sang-Hee
    • Journal of the Korean Society for information Management
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    • v.24 no.1 s.63
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    • pp.367-383
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    • 2007
  • Due to the radical changes of information technology, it becomes indispensable for educators and students of university to learn how to use copyrighted works ethically and legally without violating the copyright law. As a result, academic libraries need to take responsibilities to inform them fair use criteria and to provide proper fair use guidelines. This study analysed various fair use guidelines for them and copyright law to identify key areas of fair use guideline for the academic libraries. It also investigated 10 university libraries' web sites to find that the identified key areas are delivered to the educators and students.

A study on copyright protection & utilization of bibliographic utility database (서지유틸리티 데이타베이스의 저작권 보호와 이용에 관한 연구)

  • Hong, Jae Hyeon
    • Journal of the Korean Society for information Management
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    • v.10 no.2
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    • pp.111.1-111.1
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    • 1993
  • There are two types of bibliographic database, the one IS bibliographic database with creativlty. theother is bibliographic database without creativlty, The purpose of this paper is to investigate the problemsof bibliographic database with creatlvity by giving consideration of copyright law and the problems ofbihographic database w~thout creat~vity by sui genem system. Thus thls paper provided the methods thatresolve the problems of the current copyright law in order to protect all types of database being producedby way of the cooperation between the libraries and the information service centers. Secondly, this paperprovlded the legal devlces to protect bibliographic database produced by the libraries wh~ch cannot beprotected due to the lack of the creatlvity in the selection or arrangement of the material.