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Copyright Exceptions for Library TDM in the Age of AI

  • Journal of the Korean Society for Library and Information Science
  • 2026, 60(3), pp.217~239
  • DOI : 10.4275/KSLIS.2026.60.3.217
  • Publisher : 한국문헌정보학회
  • Research Area : Interdisciplinary Studies > Library and Information Science
  • Received : July 21, 2026
  • Accepted : August 16, 2026
  • Published : August 31, 2026

Kyoung Hee Joung 1

1한성대학교

Excellent Accredited

ABSTRACT

This study aims to identify the need for and appropriate direction of copyright exceptions for libraries in the design of TDM exceptions. To this end, it analyzes statements issued by international library organizations, including IFLA and ICOLC, and compares the legislative approaches of the EU DSM Directive, France, and Germany, which have introduced TDM exceptions for cultural heritage institutions, in order to identify the key elements of such exceptions. Based on these findings, six proposed amendments to Korea’s Copyright Act introduced between 2017 and 2025 were comparatively analyzed according to the applicable entities, purposes of use, exclusion by contractual terms, and whether opt-out was permitted. The analysis shows that the library organizations called for TDM rights to be guaranteed for lawfully accessed works and for contractual terms not to override TDM involving electronic resources. While foreign legislation introduced TDM exceptions for cultural heritage institutions separately from general TDM exceptions, none of the Korean amendment bills explicitly provided for an exception for libraries under either category. Accordingly, this study proposes explicitly designating libraries as eligible beneficiaries of TDM exceptions, clarifying the concept of lawful access, and introducing a provision prohibiting the circumvention of TDM exceptions through contractual terms.

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