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  • P-ISSN1598-1487
  • E-ISSN2671-7247

ISSN : 1598-1487

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Vol.20 No.4

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Are the Archives a Cultural Heritage Institution?: A Study on the Problems of Excluding the Archives from the Orphan Works Exemption in the Copyright Act of Korea

Journal of Korean Society of Archives and Records Management / Journal of Korean Society of Archives and Records Management, (P)1598-1487; (E)2671-7247
2020, v.20 no.4, pp.169-184
https://doi.org/10.14404/JKSARM.2020.20.4.169


& (2020). Are the Archives a Cultural Heritage Institution?: A Study on the Problems of Excluding the Archives from the Orphan Works Exemption in the Copyright Act of Korea. Journal of Korean Society of Archives and Records Management, 20(4), 169-184, https://doi.org/10.14404/JKSARM.2020.20.4.169

Abstract

This study analyzed the issues on Article 35-4 of the Copyright Act of Korea, a new provision on the use of orphan works. The new provision was compared to other related provisions, and considerations were suggested for their improvement. The main results are summarized as follows: (1) Article 35-4 is contradictory to other provisions and needs further revisions as it limits the subject of application to the main body of operation and applies only to some libraries, museums, and galleries through its ordinances; (2) a new provision on the use of orphan works must be applied to archives to harmonize with Article 31 and use the interconnection between cultural heritage institutions more beneficially; and (3) considering that there are many unpublished works in the archives, Article 35-4 should be revised to also be applicable to those works.

keywords
Orphan works, Unpublished works, Archives, Provision 35(4) in the Copyright Act of Korea, Mass digitization, Cultural heritage institution, 고아저작물, 미공표저작물, 아카이브, 기록관리기관, 저작권법 제35조의 4, 대량디지털화, 문화유산기관

Journal of Korean Society of Archives and Records Management

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