ARCHIVAL INSTITUTIONS AND COPYRIGHT IN KOREA - DOI: 10.12818/P.0304-2340.2023v83p219

Resumo

Archiving copyrighted materials is often mandated
to preserve them for years to come, and
especially when handling digital materials
created in formats, or housed on media, that
are likely to become obsolete. The predominant
parts of the archives are unpublished
works. In order for archiving institutions to
gather, house and preserve mass collection of
copyrighted resources, they need to be wise
enough to comply with copyright law. The
copyright law issues surrounding archiving
institutions have arisen out of disputes over
the relationship among authors, archiving
institutions, and users of archives. The Korean
copyright law has already had first sale
doctrine, limitation to copyright protection
for reproduction and/or public transmission
of libraries, etc. temporary copying exception,
fair use exception, exploitation of cultural facilities
exception, and database right. On the
other hand, it lacks PLR scheme, ECL system,
and text and data mining exception. In terms
of ECL system and text and data mining exception,
a bill on the Korean Copyright Act
was submitted to the Korean National Assembly
in order to newly insert ECL in 2021. Especially,
revision of the Korean Copyright Act
needs to be made to introduce text and data
mining exception because the fair use doctrine
has not been used by the Korean courts so far
and because collected data are commonly used
to train models to generate similar archives by
using AI technology. In addition, archiving
institutions need to take into account moral
rights of authors in archiving copyrighted materials.