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Digital Transition and the Reconfiguration of Library Exceptions: Lessons from U.S. Copyright Act Section 108 and the Challenges for Korean Copyright Law

  • Journal of the Korean Society for Library and Information Science
  • 2026, 60(2), pp.175~193
  • Publisher : 한국문헌정보학회
  • Research Area : Interdisciplinary Studies > Library and Information Science
  • Received : April 16, 2026
  • Accepted : May 8, 2026
  • Published : May 31, 2026

Lee, Hong Kee 1

1성균관대학교

Excellent Accredited

ABSTRACT

This study examines how changes in the technological environment have affected statutory library exceptions under copyright law. Section 108 of the U.S. Copyright Act incorporated library reproduction as a statutory exception, but it was burdened from the outset by narrow eligibility requirements and reliance on supplementary mechanisms such as fair use, contracts, and external guidelines. As the digital transition unfolded, these limitations became increasingly apparent, and amid the development of the DMCA, Section 1201, and a license-centered market, it was repeatedly confirmed that amendment of Section 108 alone could not resolve the core issues. Drawing on this U.S. experience as a comparative mirror, this article reviews the functions and limitations of Article 31 of the Korean Copyright Act and proposes a reform direction.

Citation status

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