저작물이 포함된 공공데이터의 제공 및 이용에 관한 연구 - 공공데이터법과 저작권법을 중심으로 -

In 2013, the Act on the Provision and Activation of Public Data (hereinafter referred to as the Public data Act) was enacted, requiring the government, local governments and public agencies to provide public data that they own and manage. Provided public data is freely available except in certain cases, such as when there are special provisions in other laws, and is not restricted or prohibited from using the data, even if it is a commercial use. In the Copyright Act, a provision for the Free Use of Public Works (Article 24 of the Copyright Act) was introduced, which excludes the protection of copyright and guarantees the free use of public works by the general public. This provision is similar with the Public data Act, in that allowing and encouraging to freely use goods made using taxpayers' money. However, the Public data Act and Copyright Act differ in the way or scope of stipulating the provision or use of public data and public works, raising concerns of inconsistency or conflict between the two acts. This paper will point out inconsistencies between Public data Act and Copyright Act, and propose the ways of improvement for the harmonization of Public data Act and Copyright Act.