@article{ART003210315},
author={황지민 and KANG BAEKSEO and Junho Hong},
title={A Study on Improving the Protection System for Databases},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2025},
volume={13},
number={2},
pages={123-146}
TY - JOUR
AU - 황지민
AU - KANG BAEKSEO
AU - Junho Hong
TI - A Study on Improving the Protection System for Databases
JO - Legal Theory & Practice Review
PY - 2025
VL - 13
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 123
EP - 146
SN - 2288-1840
AB - There are divergent academic views regarding the current system under the Copyright Act that protects databases in the form of rights. Key points of contention include the fact that databases, despite not being original works, are protected under copyright law, and that the system grants exclusive rights rather than merely regulating acts of infringement. This study examines how the current database protection system affects data utilization in the era of the data economy, where data is recognized as an asset generating economic value, and seeks to propose improvement measures. To this end, the study analyzes how the database protection framework provides criteria for determining rights infringement in case law related to web crawling, a representative technology for data collection. The main findings and proposed directions for reform are as follows.
First, databases, as collections of data, should be protected not under the Copyright Act but within a separate data law framework. The values protected by copyright and by data law are fundamentally different, thus necessitating the exclusion of databases from the scope of the Copyright Act.
Second, protection should be provided not by granting exclusive rights, but by regulating specific acts of infringement. In particular, it is proposed that the Unfair Competition Prevention Act be utilized to flexibly address various forms of unfair conduct. Finally, alongside this shift in the protection framework, the conceptual elements of databases must be redefined to align with current realities of data utilization. Through this process, a more flexible database protection system can be established that reflects the nature of data, thereby enhancing coherence between database protection and the broader legal framework governing data.
KW - Database;Data;Web Crawling;Copyright law;Database creator's rights
DO -
UR -
ER -
황지민, KANG BAEKSEO and Junho Hong. (2025). A Study on Improving the Protection System for Databases. Legal Theory & Practice Review, 13(2), 123-146.
황지민, KANG BAEKSEO and Junho Hong. 2025, "A Study on Improving the Protection System for Databases", Legal Theory & Practice Review, vol.13, no.2 pp.123-146.
황지민, KANG BAEKSEO, Junho Hong "A Study on Improving the Protection System for Databases" Legal Theory & Practice Review 13.2 pp.123-146 (2025) : 123.
황지민, KANG BAEKSEO, Junho Hong. A Study on Improving the Protection System for Databases. 2025; 13(2), 123-146.
황지민, KANG BAEKSEO and Junho Hong. "A Study on Improving the Protection System for Databases" Legal Theory & Practice Review 13, no.2 (2025) : 123-146.
황지민; KANG BAEKSEO; Junho Hong. A Study on Improving the Protection System for Databases. Legal Theory & Practice Review, 13(2), 123-146.
황지민; KANG BAEKSEO; Junho Hong. A Study on Improving the Protection System for Databases. Legal Theory & Practice Review. 2025; 13(2) 123-146.
황지민, KANG BAEKSEO, Junho Hong. A Study on Improving the Protection System for Databases. 2025; 13(2), 123-146.
황지민, KANG BAEKSEO and Junho Hong. "A Study on Improving the Protection System for Databases" Legal Theory & Practice Review 13, no.2 (2025) : 123-146.
