도서관 보상금 체제에서 고아저작물 체제로의 전환 모색

Abstract

ABSTRACT Thise study focuses on the direction to the revisions of copyri ght law in Korea, so that orphan works in libraries can be used more widely on the Internet. In partic ular, this study analyzes the problems of the provisions 31 and 50 in the copyright law related to the ma ss digitations of orphan works in libraries. This study also reviews the Directive 2012/28/EU, 3 orphan work s bills in USA, and provisions related to the orphan works in The Enterprise and Regulatory Reform(ERR) A ct 2013 in UK. Finally this study suggests the 3 directions to support mass digitations of orphan works in libraries. First, digitized orphan works in libraries are to be made a transmission to the public on the In ternet; Second, compensation and approval fees are not required or minimized; and third, libraries have t o stop the use of the orphan works if copyright owners require. If not, libraries have to negotiate with the copyright owners about the fees necessary.키워드: 고아저작물, 저작권법, 도서관 보상금 , 법정허락, 대량디지털화Orphan Works, Copyright Law, Library’s Copyright Compensation, Statutory License, Mass Digitisations