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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
  • Abbr : JRMASK
  • 2020, 20(4), pp.169~184
  • DOI : 10.14404/JKSARM.2020.20.4.169
  • Publisher : Korean Society of Archives and Records Management
  • Research Area : Interdisciplinary Studies > Library and Information Science > Archival Studies / Conservation
  • Received : October 26, 2020
  • Accepted : November 11, 2020
  • Published : November 30, 2020

Hosin, Lee ORD ID 1,  Kyoung Hee Joung ORD ID 1

1한성대학교

Accredited

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the interconnection between cultural heritage institutions more beneficially; and (3) considering that there are many unpublished works in the archives, Article 35-4 should be revised to also be applicable to those works.

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