• Journal of Korean Library and Information Science Society
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• v.43 no.1
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• pp.349-369
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• 2012

This study aims to examine the problems of the Article 31 of the Korean Copyright Act and to suggest the improvement of the Article 31. The study analysed the establishment and revisions of the Act and the Article 31. The study suggests the followings for the improvement of the Article 31: firstly, to limit copyright limitations for libraries operated by profit organizations but to extend copyright limitations for libraries operated by non-profit organizations, secondly, to abolish the system of property rights compensation, thirdly, copyright organizations and library associations closely discuss to solve the problems on reproduction prevention measures, the amount of reproduction, the inter-library loan of library materials among libraries.

• Journal of Korean Library and Information Science Society
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• v.45 no.2
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• pp.139-157
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• 2014

The National Archives of Korea(NAK) has arranged and operated 'Guidelines on Operating Copyright for Archives' and 'Regulations on Operating Reference Room' to protect the copyright for archives. However, the Guidelines and the Regulations only provide application to the Copyright Act and principles on internal managing copyright without presenting copyright issues for each type of archives. Therefore, additional detailed guidelines have to be arranged for the users to access to copyright issues easily by presenting them the standards of judgement or principles on copyright issues for each type of the archives to facilitate the use of archives collected already. We also need to define the details on Copyright Act and Moral Rights Act to collect archives. This study is an prior analysis for that purpose. Lively discussion and way of operation in an aspect of the copyright in relation to private records should be sought in the future.

• Journal of the Korean Society for information Management
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• v.19 no.2
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• pp.181-201
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• 2002

As Information Technology has developed, digital library has an opportunity to change the paradigm of role of library to adjust in digital environment. Digital library has promote information services with digitization of materials. In library fare use is allowed to the public for information services. However, digital copy and transmission is simple in digital environment, to balance between owner and user is not easy but important things. Therefor, current copyright act is revised to adjust these environment but the act restrict the users'accessing digital library through interned, not complied with the motive of revision. Moreover, proposed act which is proposed to facilitate digital library services also extremely limits information services. In this monograph, I will review the copyright act related library and seek for the improved means.

• 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.

• Journal of the Korean Society for information Management
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• v.24 no.4
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• pp.97-117
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• 2007

This study is about the copyright policies by Korean government and the revision of the article 31 library exemption provision in the Copyright Act of Korea for noncommercial scholarly works considering through cases of copyright disputes occurred in Korea during the $2005{\sim}2007$. This study proposes that works not for sale including thesis should be exempted from the copyright compensation in the article 31(5) in the Copyright Act of Korea based on the properties of noncommercial scholarly works and the regulations on works for not for sale in the current Korean copyright act. Also, this study reports that the copyright trust of scholarly articles by the copyright trust management agency is illegal in part and the government which has a duty to direct it has to control the illegal actions. Finally, this study proposes that noncommercial scholarly works such as thesis and scientific articles are to be open access and Korean government should develop open policies for them.

• 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 BIBLIA Society for library and Information Science
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• v.17 no.2
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• pp.83-114
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• 2006

The research investigated definition, scope and feature of digital contents in order to discuss legal protection of digital contents. The protection law and current trend of protection of digital contents in United States of America, EU and Japan were examined. As the law which protects digital contents in Korea. the contents and characteristics, etc. of copyright act of Korea and online digital contents industry development act were examined and analyzed. And then relationship of digital contents and copyright, namely, the relationship of database and copyright, relationship of digital contents by translation. arrangement, alteration, dramatization, cinematization, etc. of an original work and copyright; relationship of other digital contents and copyright; relationship of file sharing of digital contents and copyright, were examined and copyright issues were discussed in library. And also the research suggested concretely necessary countermeasure of copyright which the library must take. Finally, this paper suggested the improvement direction for legal protection of digital contents we must aim ultimately.

• 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 the Korean Society for Library and Information Science
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• v.47 no.1
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• pp.249-268
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• 2013

Public Performance in Copyright Law is a wider concept, which people generally think. It includes the presentation of a work to the public by acting, musical playing, singing, narrating as well as even the act of mechanical playing phonogram and cinematographic work. Article 29 in Korean Copyright Act is the restriction of an author's public performance right. It shall be permissible to perform publicly or broadcast a work already made public for nonprofit purposes and without charging any fees to audience, spectators, or third parties, provided that the performers concerned are not paid any remuneration for such performances. Commercial phonograms or cinematographic works may be played back for the public, if no fee is charged to the audience or spectators, except in cases as set forth by Presidential Decree. In recent year, public performance in libraries became a major issue of the Copyright Law. It is a claim that watching cinematographic works in libraries is one of the act that should apply public performance right, thus to use commercial cinematographic works before six months, which was published, need permission to copyright owners. But this claim is unfair because it can make impossible normal library service. Thus there is a need to revise the Copyright Law to understand the difference between act of viewing and public performance in libraries.

• Journal of the Korean Society of Costume
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• v.64 no.1
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• pp.123-135
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• 2014

The author has explored whether legal protection of fashion designs is possible under the current Korean Copyright Act with the purpose of promoting the understanding of the legal principles of the copyright law among fashion professionals. It examined the general provisions of the copyright law as well as the requisites for establishment of "works of authorship" and the types of protection stipulated by the copyright law, which are needed to understand the possibilities of legal protection for fashion designs under the law. It then analyzed several leading cases in the fashion designs sector for the interpretation of related legal principles. The Copyright Act defines "works of authorship" for protection as the creative works that express human ideas or emotions. Works to be legally protected under the law include artistic works that are equipped with the prerequisites for establishment of "works of authorship", or fashion designs that are equipped with the prerequisites for establishment of an independent applied artistic works whose originality is distinguishable from articles.