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A Study on the Procedures of Diligent Search for the Use of Orphan Works in Cultural Institutions

Journal of the Korean Society for Information Management / Journal of the Korean Society for Information Management, (P)1013-0799; (E)2586-2073
2024, v.41 no.2, pp.131-154
https://doi.org/10.3743/KOSIM.2024.41.2.131
Hosim Lee (Hansung University)
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Abstract

This study aims to check the effectiveness of ‘diligent search’ stipulated in Article 35-4 of the Copyright Act of Korea. ‘Diligent search’ is to identify the copyright holder and his or her contact information. But the process provided by the law includes many cases in which it is practically impossible to identify the relevant details, and includes unnecessary requirements. So it appears that improvement is needed. Based on this, it was proposed to improve the text of the Copyright Act (Article 35-4) and to abolish unnecessary provisions (Article 16-3 no.5~8) of the Enforcement Decree.

keywords
orphan works, mass digitization, cultural facilities, statutory license, diligent search
Submission Date
2024-05-14
Revised Date
2024-05-29
Accepted Date
2024-06-08

Journal of the Korean Society for Information Management