• Title/Summary/Keyword: copyright laws

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Legal Issues In Information Management (정보관리와 관련된 법적문제)

  • Lee Soon Ja
    • Journal of the Korean Society for Library and Information Science
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    • v.19
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    • pp.23-61
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    • 1990
  • Libraries and information centers are no different from any other institutions in our society. Today, their managers have to make many more decisions which have certain legal implications than before. The ignorance of the law on their parts can not be an acceptable excuse anymore, since. the consequences sometimes maybe quite serious. This paper outlines some important legal issues involved in the services and management of libraries and information centers. They are: constitutional rights on human knowledge activities: library act and it's related laws; censorship and right to know; information access and the protection of privacy: library services and copyright law; labor relations; protections of the people and properties of the institutions, etc. The laws are not static: rather, they change with the social, political and technological environments. The managers, as well as the staff members of libraries and information centers should be constantly updated with the changes in the field, in order to give the maximum service to the clients and to prevent any infringement of the laws, which may discredit their services and the institutions.

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A study on Mutual Authentication of Copyright between Korea-China and Trade Cooperation (한.중 저작권 상호인증과 통상협력과제)

  • Lee, Chan-Do
    • International Commerce and Information Review
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    • v.16 no.1
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    • pp.3-24
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    • 2014
  • When the Korean Wave was sweeping over China, Asia, Other Countries, Some people worried that the ambiguity of the copyright act would obstruct export of the entertainment contents. To solve this problem, the copyright authentication was introduced in the copyright act, enforcement for its, etc. There are two authentication systems at copyright. One is right authentication protected by copyright, Other one is licence authentication received from the owner. This study is meant to seeking the problem of insufficient regulation related to copyright authentication. According to analysis of FGI in this study, the existing system does not support a proper and specific way how to suggest a long term perspective in the transaction of Korean Contents between Korea and China. The key to success of copyright authentication system between Korea and China depends upon the implementation of the system of copyright mutual authentication. To do so, In reality, laws, institutions, technologies, policies, and operations, etc. should be Inter-operability. Also we should realize that this system gives mutual benefits at transaction between the two countries. Thus, it is important for two countries to effort trade cooperation continuously.

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Problems with the Right of Publication by the Copyright Law and Some Innovations - Focusing on the Problems of E-books - (저작권법상 출판권의 문제점과 개선방향 -제전자책(e-book)제의 문제점을 중심으로 -)

  • 김기태
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.12 no.2
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    • pp.85-103
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    • 2001
  • Much attention has been paid to the copyright law revised and proclaimed on July 1, 2000 on the ground that the law embraces digital medium environments. The transmission right added to the economic rights takes into account the fact that limitless cyber space represented by the Internet came to be pervasive. This is based on a lot of exhausting conflicts between those with copyrights and Internet users. The area of publication is badly afflicted in this sense, falling into confusion due to the miscomprehension of differences among the right of publication, the right of transmission and the right of reproduction. The term 'e-book' is not covered by relevant laws despite the widespread use of e-books. In this context, this study is designed to point to the necessity of dealing with the right of publication with the problems of the copyright law emphasized and to ask for the aggressive reflection of the concept of digital publication in the future revision of the copyright law.

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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 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.

Metabus culture and intellectual property. (메타버스 문화와 지적재산)

  • Seok, yeonseon;Kim, Soo dong;Kim, Deok min;Bae, Shin hoon;Jeong, Hyung won
    • Journal of Integrative Natural Science
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    • v.15 no.1
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    • pp.27-36
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    • 2022
  • Metabus, currently represented by Second Life on the Internet, is the next-generation 3DCG Internet world in which the 2D Internet world has evolved, and has grown as a new ICT culture of mankind that can replace real society with virtual society. As such, the reason why the world of metabus has rapidly expanded is that the era of 3D Internet has arrived due to the evolution of the Internet, which only used information, and the spread of 5G communication in user-participating WEB. However, there are many situations in which laws do not exist in this virtual world and various illegal acts occur. As the Internet culture developed earlier, illegal activities by users began to appear, and as the legal responsibility of Internet providers was discussed, mankind quickly passed the Millennium Copyright Act or introduced new copyright protection measures such as technical protection, transmission rights, and rights management information. Therefore, this paper reviews and studies how to accept and further grow this new metabus culture, including the viewpoint of intellectual property.

A study on the protection of on-line digital contents industry -focused on on-line digital contents industry development act- (온라인디지털콘텐츠산업의 보호에 관한 연구 -온라인디지털콘텐츠산업발전법을 중십으로-)

  • Kang, Sung-Ju
    • The Journal of Information Technology
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    • v.7 no.2
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    • pp.55-67
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    • 2004
  • The copyright law only protects the creative representation of works because it conditionally requires a creativity aspect of works. Due to the lack of protection regime in existing laws and the systems, the online digital contents industrial development act has been enacted to alternatively protect the digital contents providers based on a principle of preventive of illegal competition.

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Limitations on Exclusive Rights of Authors for Library Reprography : A Comparative Examination of the Draft Revision of Korean Copyright Law with the New American Copyright Act of 1976 (저작권법에 준한 도서관봉사에 관한 연구 -미국과 한국의 저자재산권의 제한규정을 중시으로-)

  • 김향신
    • 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.

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A Comparative Study on the Legal Protection for Computer Software Trade

  • Seo, Jung-Doo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.17
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    • pp.227-250
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    • 2002
  • This paper is to explore the direction of international software protection laws, either copyright or patent right, by examining the current situations in the United States, European countries, Asia including Korea and the WTO/TRIPs Agreement. According to the comparative legal systems, each court and office gives both copyrightability and patentability of software by a stronger and appropriate intellectual property protection system.

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Evaluation of International BIM Standard Contracts to establish BIM Copyrights and Operational Protocols in Korea (국제 BIM 표준계약서 분석을 통한 국내 BIM 저작권 보호 및 운용 체계 수립에 관한 연구)

  • Koo, Bonsang;Shin, Byungjin
    • Korean Journal of Construction Engineering and Management
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    • v.17 no.6
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    • pp.24-30
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    • 2016
  • Building Information Modeling, and its associated work practices, requires project participants to share not only 3D geometric data, but also information in the model that may be considered proprietary and even trade secrets. Thus protection of intellectual property, or BIM copyrights, must be in place for participants to share proprietary information among project stakeholders. Currently Korea does not have adequate copyright laws or mechanisms to provide such protection. This research examined three BIM copyright legal documents, namely U.S.' ConsensusDOCS 301, AIA Document E203/G202, and U.K.'s CIC BIM Protocol to determine how copyright protection is realized, and to formulate appropriate stipulations within the Korean construction context. The resultant requirements include stipulating ownership at to the BIM originator, adopting a license-sublicense scheme, employing a federated model, and use of a formal model delivey table to allocate responsibilities. Given Korea's adoption stage, liability should be minimal, and license revocation should be allowed if payments are not met. The three BIM legal documents focus on practical measures that allow participants to customize requirements for individual projects, and such conventions should be emulated in Korea.