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학술논문창작과 권리2010.06 발행KCI 피인용 7

저작권법상 도서관에서의 공정이용에 관한 연구 ―한·미 저작권법을 중심으로―

A Study about fair dealing clauses for library in Copyright Law in U.S. and Korea

정진근(강원대학교); 김형각(강원대학교)

59호, 146~182쪽

초록

Library service is one of the most important fair dealing types in the meaning of that it provides the public access right or public lending right for copyrightable works. As more, library service is the universal service and this should be provided for public goods in analog environment and, also, digital library environment. To encourage public to use copyrightable works in digital environment, U.S. establish DMCA in 1998 and Korea also revised Copyright Act in 2000 and 2003 and we can copy and transmit the copyright works in digital format in limited area. But, in settle agreement between Google and Authors Guild in U.S. and Google case in France, we can find that there is no standard for digital libraries and we should make efforts Copyright Act to be capable for digital library environment. Especially, we can find that Korea’s Copyright Act is insufficient when we compared with U.S. Copyright Act. Therefore, to cope with the digital library era effectively and promote cultural preservation and popularization of the social and public goods and information, we should research about the effect of digital environment for library services and improve our copyright law as needed.

Abstract

Library service is one of the most important fair dealing types in the meaning of that it provides the public access right or public lending right for copyrightable works. As more, library service is the universal service and this should be provided for public goods in analog environment and, also, digital library environment. To encourage public to use copyrightable works in digital environment, U.S. establish DMCA in 1998 and Korea also revised Copyright Act in 2000 and 2003 and we can copy and transmit the copyright works in digital format in limited area. But, in settle agreement between Google and Authors Guild in U.S. and Google case in France, we can find that there is no standard for digital libraries and we should make efforts Copyright Act to be capable for digital library environment. Especially, we can find that Korea’s Copyright Act is insufficient when we compared with U.S. Copyright Act. Therefore, to cope with the digital library era effectively and promote cultural preservation and popularization of the social and public goods and information, we should research about the effect of digital environment for library services and improve our copyright law as needed.

발행기관:
세창출판사
분류:
지적재산권법

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