• Journal of Korean Library and Information Science Society
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• v.26
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• pp.169-204
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• 1997

With a rapid digitalization of information media, the philosophy and principles of the traditional copyright laws have been widely challenged. This study explores how we could deal with the copyright issues in such a rapidly changing information environment. In details, this study discusses (1) the basic philosophy and principles of copyright law from both domestic and international perspectives and (2) how the philosophy and principles should be changed to adjust itself into the rapidly changing information environment. In addition, this study identifies the copyright-related problems which might be confronted when the building and use of a full-text DB is attempted. Finally suggested are the legal methods to resolve such problems.

• Architectural research
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• v.9 no.1
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• pp.1-8
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• 2007

These days the copyright plays a significant role in various fields of creative works and it has expanded dramatically into unprecedented ways. In Korea, architectural works copyright cases are rare due to the lack of information and understanding of the architectural works copyright. Architectural works copyright can promote architects' creative activities and enhance the quality of architectural works as art. Nevertheless, there is little effort to advance the studies of architectural works copyright in the architectural design area. Under these circumstances, this research attempts to share the basic case laws and remedies for various architectural works copyright issues in the U.S. cases. This Article examines the Thomas Shine v. David M. Childs and Skidmore Owings & Merrill, LLP Case which is the most recent case as I could reach. This case is about a story between two architects, one is from a very prestigious architectural design firm and the other, once Yale Architectural student, now practices his design work as an up-and-coming architect. A close examination of this case will provide a legal and architectural spectrum of copyright. That is, it will make it more specific how to solve the copyright infringement. Artistic and technological contexts are overlapped in Architectural works copyright as its inherent characteristics. Therefore, different ways from other copyrighted works are needed to access the untangled equations of the architectural works copyright protection. In addition, more comprehensible and specific regulations that can impose a remedy more suited to the architectural works copyright violations are needed and they should enable architects to fulfill their architectural activities under wide range of copyright protection. Moreover, in prior to all efforts to handle those equations, fundamental knowledge of architectural works copyright is required to improve the copyright protection in the architectural design area as well as to provide for the globalizing design practice. Ultimately, all of these efforts will be rewarded when constant researches based on Korean and other countries' architectural copyright cases can support them and it would be great if this research can set the stage for resolving expected copyright conflicts within the architectural design area.

• 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 Multimedia Information System
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• v.3 no.2
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• pp.27-34
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• 2016

In the past, the judicial circles in the Republic of Korea (ROK) were generous to the online copyright violations of computer software compared to other academic areas or offline violation. However, they started to reconsider such a practice since the FTA talks with some advanced countries began so that new laws had to be established, especially after the first round of negotiations with United States of America (USA) in 2006 during which they changed their views on the matter. Now it became possible to penalize digital copyright violations through lawsuits, and from March 1st, 2017, the court is expected to abolish the nonsuit system for teenagers. Thus, this paper has reviewed the ethical aspects involved in digital copyright protection and examined the possible alternatives, dividing them into three broad groups, before proposing a digital copyright protection curriculum for secondary education.

• 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.

• Journal of the Korean Society for Library and Information Science
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• v.40 no.1
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• pp.163-194
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• 2006

The purpose of this study is to find out the ways of protecting copyrights of North Korean works focusing on the limitations on exclusive rights in the South Korean libraries. This study deals with the articles of the copyright laws which are rotated with using materials in libraries both North and South Korea. It also covers related provisions of Borne Convention for the Protection of Literary and Artistic Works. The past study on the copyright protection has mostly focused on how we protect the copyright of publications and works which are published for profit. This study proposes some solutions from the legal institutional aspects, policy and socio-cultural aspects in order to protect the copyright of North Korean works and improve their use under the limitations on exclusive rights by libraries.

• The Korean Journal of Archival Studies
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• no.49
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• pp.5-49
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• 2016

This study investigates how participatory digital archives should handle user-contributed content in order to legitimately collect from and make available to users according to current copyright laws and related regulations. In doing so, this study surveys the current national and international copyright laws that would apply for digital contents in archives. It also reviews the existing literature that analyzes the understanding and interpretation of regulations and specific infringement cases. Then, it examines the cases of participatory digital archives as to how they deal with the copyright issues to user-contributed content and provide guidance to users in this respect. Based on such analysis, the study suggests a few methods of how digital archives acquire necessary rights for the user-contributed content being housed in archives and how they provide useful guidance to users about their rights and responsibilities. These methods include terms and conditions for contribution/service and essential elements in terms, contributor agreements and their details, and other user guidelines.

• Journal of Information Technology Applications and Management
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• v.25 no.2
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• pp.23-40
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• 2018

In order to reduce the spread of illegal digital contents, many studies have been focusing on how to stop it through laws and regulations. Only few of the studies tried to explain the illegal behaviors from individual's viewpoints. This paper aims to examine the intention of sharing illegal digital contents over the Internet and proposes a theoretical model based on the Theory of Planned Behavior (TPB) along with the introduction of two outcome expectations. We also argue that the individuals' cognition of online copyright will influence individuals' illegal contents sharing on the Internet. We have collected data from online survey and offline interview. By empirical study, the results support the theoretical model except the subjective norm which has no effect on individuals' behavior. This is a different finding from the previous researches revealing that the subjective norm has no effect on individuals' unethical actions. Overall, the findings provide strong confirmation that attitude, self-efficacy and outcome expectations impact on individual's intention of sharing illegal contents. In addition, this study proposed an improved cognition of online copyright through education and standard of new media management will reduce illegal contents sharing on Internet.

• Journal of the Korean Society for information Management
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• v.20 no.1
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• pp.301-320
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• 2003

The rapidly increasing use of the Internet and advancement of the communication network, the explosive growth of digital contents from personal home pages to professional information service the emerging file exchange service and the development of hacking techniques . these are some of the trends contributing to the spread of illegal reproduction and distribution of digital contents, thus threatening the exclusive copyrights of the creative works that should be legally protected Accordingly, there is urgent need for a digital copyright management system designed to provide centralized management while playing the role of bridge between the copyright owners and users for smooth trading of the rights to digital contents, reliable billing, security measures, and monitoring of illegal use. Therefore, in this study, I examined the requirements of laws and systems for the introduction of the centralized management system to support smooth distribution of digital contents, and also researched on the current status of domestic and international centralized management system for copyrights. Furthermore, 1 tried to provide basic materials for the standardization of digital contents copyright management information through the examination of the essential elements of the centralized digital contents management such as the system for unique identification the standardization for data elements, and the digital rights management (DHM) .

• 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.