비대면 교육 시대의 교육목적 저작물 이용과 보호에 관한 연구

In response to the exigencies arising from the COVID-19 pandemic, the intersection of copyright law and educational practice has become an area of paramount importance. The utilization of copyrighted works for educational purposes necessitates a critical examination of existing legal frameworks to facilitate the advancement of non-face-to-face education within educational institutions. Therefore, it is of utmost importance to investigate the doctrine of fair use and to develop robust mechanisms for the effective management of rights therein. This study endeavors to delineate a coherent pathway for the enhancement of the copyright law system, taking into account the transformative changes occurring in the usage of copyrighted works alongside substantial technological advancements. These developments are integral to addressing the surging demand for educational modalities characterized by non-personal engagement in a contactless society. To this end, a comprehensive analysis must be undertaken to identify the inherent limitations and challenges embedded within the current copyright framework. Such a framework, as it stands, remains largely misaligned with the evolving educational landscape. Accordingly, this study will propose a series of viable alternatives aimed at rectifying these deficiencies. Central to this discussion is the establishment of an involuntary use permission system that would facilitate seamless access to, utilization, sharing, and dissemination of educational works specifically for scholastic purposes, devoid of copyright encumbrances. Such a system should enhance the existing compensation dynamics for copyright holders while assessing the practicality of a statutory permission model tailored for educational contexts. Furthermore, it is imperative to architect a framework conducive to coexistence with copyright holders, predicated upon a harmonious interpretation of pertinent provisions within the Copyright Act. This includes, but is not limited to, those provisions regarding use, quotation, and the doctrine of fair use as applied within educational settings. In conclusion, this study aspires to cultivate a collaborative rapport with copyright holders through the introduction of an involuntary use permission system, thereby fostering a secure environment in which copyrighted materials may be engaged for educational objectives. It is anticipated that such initiatives will catalyze the unhindered dissemination of copyrighted works in non-face-to-face educational contexts, thereby significantly enhancing the overall quality of education.