@article{ART002846922},
author={Kang, Gibong},
title={A study on the Exception to the Prohibition of Circumvention of Technical Protection Measures - Text and Data Mining for Academic Research and Education -},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2022},
volume={10},
number={2},
pages={9-44}
TY - JOUR
AU - Kang, Gibong
TI - A study on the Exception to the Prohibition of Circumvention of Technical Protection Measures - Text and Data Mining for Academic Research and Education -
JO - Legal Theory & Practice Review
PY - 2022
VL - 10
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 9
EP - 44
SN - 2288-1840
AB - Text and data mining can derive meaningful results by analyzing data, but there are problems with copyright infringement and the circumvention of technical protection measures because the materials that must be used in the process include copyrighted works. Accordingly, in the U.S. rulemaking results for October 2021, an exception was newly added for “text and data mining for academic research and education.” Also, in Korea, a related provision is included in All amendments to the Copyright Act proposed by National Assembly member Do Jong-hwan in 2021 and is pending in the National Assembly.
The U.S. provisions to allow the circumvention of technical protection measures are defined in a narrow scope by significantly restricting the subject or substantive scope by referring to European and other legislative examples. On the other hand, the restriction on author's copyright in the revised bill in Korea is stipulated in a fairly wide range as in Japan. Since technical protection measures are intended to effectively protect copyrights for digitized materials, the interests of users of works and copyright holders may be in sharp conflict. However, it is highly effective in the public interest to circumvent technical protection measures applied to literary works and visual works for academic research or education under certain conditions. Nevertheless, even if the copyright is restricted, the essential rights of copyright holders should not be infringed.
While there are no explicit provisions or related precedents in the U.S. rulemaking process, various opinions, overseas legislative cases, and the impact on the relevant market along with the application of Article 107 of the Copyright Act were considered. So, the permissible scope of the regulation by the U.S. rulemaking is limited. Therefore, rather than accepting the U.S. exception as it is, an appropriate exception should be prepared in consideration of the legislative provision and the current situation of our industry.
KW - Technical Protection Measures;Exceptions to the Prohibition of Circumvention of Technical Protection Measures;Notice of Exceptions to the Prohibition of Circumvention of Technical Protection Measures;Copyright Law;Text and Data Mining.
DO -
UR -
ER -
Kang, Gibong. (2022). A study on the Exception to the Prohibition of Circumvention of Technical Protection Measures - Text and Data Mining for Academic Research and Education -. Legal Theory & Practice Review, 10(2), 9-44.
Kang, Gibong. 2022, "A study on the Exception to the Prohibition of Circumvention of Technical Protection Measures - Text and Data Mining for Academic Research and Education -", Legal Theory & Practice Review, vol.10, no.2 pp.9-44.
Kang, Gibong "A study on the Exception to the Prohibition of Circumvention of Technical Protection Measures - Text and Data Mining for Academic Research and Education -" Legal Theory & Practice Review 10.2 pp.9-44 (2022) : 9.
Kang, Gibong. A study on the Exception to the Prohibition of Circumvention of Technical Protection Measures - Text and Data Mining for Academic Research and Education -. 2022; 10(2), 9-44.
Kang, Gibong. "A study on the Exception to the Prohibition of Circumvention of Technical Protection Measures - Text and Data Mining for Academic Research and Education -" Legal Theory & Practice Review 10, no.2 (2022) : 9-44.
Kang, Gibong. A study on the Exception to the Prohibition of Circumvention of Technical Protection Measures - Text and Data Mining for Academic Research and Education -. Legal Theory & Practice Review, 10(2), 9-44.
Kang, Gibong. A study on the Exception to the Prohibition of Circumvention of Technical Protection Measures - Text and Data Mining for Academic Research and Education -. Legal Theory & Practice Review. 2022; 10(2) 9-44.
Kang, Gibong. A study on the Exception to the Prohibition of Circumvention of Technical Protection Measures - Text and Data Mining for Academic Research and Education -. 2022; 10(2), 9-44.
Kang, Gibong. "A study on the Exception to the Prohibition of Circumvention of Technical Protection Measures - Text and Data Mining for Academic Research and Education -" Legal Theory & Practice Review 10, no.2 (2022) : 9-44.
