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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

Journal of the Korean Society for Information Management / Journal of the Korean Society for Information Management, (P)1013-0799; (E)2586-2073
2020, v.37 no.3, pp.107-131
https://doi.org/10.3743/KOSIM.2020.37.3.107
Hosin Lee
KyoungHee Joung
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Abstract

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.

keywords
저작권, 고아저작물, 상당한 조사, 대량 디지털화, 디지털도서관, copyright, orphan works, diligent inspection, mass digitization, digital library
Submission Date
2020-08-23
Revised Date
2020-09-03
Accepted Date
2020-09-03

Journal of the Korean Society for Information Management