[A2k] Copyright L&E for Libraries

[Heesob Nam]

Those who support this bill, please contact me.

Bill No. 4389 to Amend the Korea Copyright Act
Introduced on April 2, 2009 by Ten Congressmen (Lead by Congressman
Choi, Munsoon)

1. Current Provision on Copyright L&E for Libraries

Article 31(Reproduction, etc. in Libraries, etc.)
(1)=09Libraries under the Libraries and Reading Promotion Act and the
facilities (including the heads of the relevant facilities hereinafter
referred to as "libraries, etc.") as prescribed by Presidential Decree
among those facilities which provide books, documents, records and
other materials (hereinafter referred to as =93books, etc.=94) for public
use may reproduce the works by utilizing books, etc. held by the
libraries, etc. (in the case of Subparagraph 1, including the books,
etc. reproduced by or interactively transmitted to the libraries, etc.
in accordance with the provision of Paragraph 3 hereof) in any of the
following cases: provided that in the case of Subparagraphs 1 and 3,
the works may not be reproduced in digital format.
1.=09Where, at the request of a user and for the purpose of research and
study, a single copy of a part of books, etc. already made public is
provided to him
2.=09Where it is necessary for libraries, etc. to reproduce books, etc.
for the purpose of preserving such books, etc. and
3.=09Where libraries, etc. provide other libraries etc. with a
reproduction of books, etc. that are out of print or scarcely
available for similar reasons at the request of other libraries etc.
for their collection purpose.
(2)=09Libraries, etc. may reproduce or interactively transmit their
books, etc. to allow users to peruse them in such libraries, etc. by
using devices capable of information processing such as computers,
etc. In such case, the number of users who may peruse them at the same
time shall not exceed the number of copies of such books, etc. held by
the libraries, etc. or authorized to be used by the persons with
copyrights or other rights protected according to this Act.
(3)=09Libraries, etc. may reproduce or interactively transmit their
books, etc. to allow users in other libraries, etc. to peruse them by
using computers, etc.; provided that, in those cases where all or a
part of the books, etc. have been published for sale, such books, etc.
shall not be reproduced or interactively transmitted unless a period
of five years has elapsed since the publication date of such books,
etc.
(4)=09In reproducing books, etc. pursuant to Subparagraph 2 of Paragraph
(1), Paragraph (2) or Paragraph (3), libraries, etc. shall not
reproduce such books, etc. in digital format if they are being sold in
digital format.
(5)=09In reproducing books, etc. in digital format pursuant to
Subparagraph 1 of Paragraph (1), or reproducing or interactively
transmitting books, etc. for the purpose of allowing perusal inside
other libraries, etc. pursuant to Paragraph (3), libraries, etc. shall
pay the owners of authors=92 property rights compensation in accordance
with the standards determined and published by the Minister of Culture
provided that said provision shall not apply to books, etc. (excluding
those books, etc. which are, in part or in whole, published for a
sales purpose) regarding which the state, local governments or schools
as provided in Article 2 of the Higher Education Act hold authors'
property rights.
(6)=09The regulation regarding compensation in Paragraph 5 to Paragraph
9 of Article 25, shall apply mutatis mutandis to foregoing Paragraph 5
with regard to distribution of compensation, etc.
(7)=09If books, etc. are reproduced or interactively transmitted in
digital format pursuant to the foregoing Paragraphs (1) through (3),
libraries, etc. shall take necessary measures as provided by
Presidential Decree such as reproduction prevention measures in order
to prevent infringement of copyrights and other rights protected under
this Act.

2. Amendment

Article 31(Reproduction, etc. in Libraries, etc.)
(1)=09In Libraries under the Libraries and Reading Promotion Act and the
facilities (hereinafter referred to as "libraries, etc.") as
prescribed by Presidential Decree among those facilities which provide
books, documents, records and other materials (hereinafter referred to
as =93books, etc.=94) for public use may be produced the works by
utilizing books, etc. held by the libraries, etc. (in the case of
Subparagraph 1, including the books, etc. reproduced by or
interactively transmitted to the libraries, etc. in accordance with
the provision of Paragraph 2 hereof) in any of the following cases:
provided that in the case of Subparagraph 1, the works may not be
reproduced in digital format.
a.=09Where, at the request of a user and for the purpose of research and
study, a single copy of a part of books, etc. already made public is
provided to him
b.=09Where it is necessary for libraries, etc. to reproduce books, etc.
for the purpose of preserving such books, etc. and
c.=09Where libraries, etc. provide other libraries etc. with a
reproduction of books, etc. that are out of print or scarcely
available for similar reasons at the request of other libraries etc.
for their collection purpose.
(2)=09Libraries, etc. may reproduce or interactively transmit their
books, etc. to allow users to peruse them in such libraries, etc.
(including an Internet address that is supported by an information
telecommunication network of such libraries, etc.), in other
libraries, etc., and outside of the libraries, etc. by using devices
capable of information processing such as computers, etc., provided
that in case where all or a part of the books, etc. have been
published for sale (excluding books, etc. that are out of print or
scarcely available for similar reasons), such books, etc. shall not be
perused outside the libraries, etc. unless a period of five years has
passed from the publication date of such books, etc.
(3)=09(Deleted)
(4)=09In reproducing books, etc. pursuant to Paragraph (2), libraries,
etc. shall not reproduce such books, etc. in digital format if they
are being sold in digital format.
(5)=09In reproducing or interactively transmitting books, etc. for
inside other libraries, etc. or for outside libraries, etc.,
libraries, etc. shall pay the owners of authors=92 property rights
compensation in accordance with the standards determined and published
by the Minister of Culture provided that said provision shall not
apply to:
a.=09books, etc. (excluding those books, etc. which are, in part or in
whole, published for a sales purpose) regarding which the state, local
governments or schools as provided in Article 2 of the Higher
Education Act hold authors=92 property rights;
b.=09books, etc. of which use is permitted free of charge by the owners
of authors=92 property rights; and
c.=09those cases pursuant to Subparagraphs 2 and 3 of Paragraph 1.
(6)=09The regulation regarding compensation in Paragraph 5 to Paragraph
9 of Article 25, shall apply mutatis mutandis to foregoing Paragraph 5
with regard to distribution of compensation, etc. In this case the
state or local governments may provide with a subsidy for libraries,
etc.
(7)=09If books, etc. are reproduced or interactively transmitted in
digital format pursuant to the foregoing Paragraphs (1) through (2),
libraries, etc. shall take necessary measures as provided by
Presidential Decree such as reproduction prevention measures in order
to prevent infringement of copyrights and other rights protected under
this Act.

3. Explanation of the Amendment

3-1. Paragraph (1)

The current provision is designed to allow =93libraries=94 to make copies.
This creates an unintended consequence: only librarians can reproduce
works upon request of users. Put differently, users can not make their
own copies of works held by a library even with using a self-service
photocopier which is under control of the library. Therefore,
librarians need to be engaged in every reproduction task and to police
the activities of users.

The Amendment abolishes the division between librarian copying and
copying by users and permits copying by users or agencies employed by
libraries.

Further, the Amendment permits the copying of works in =93digital
format.=94 Such a copy can be provided for other libraries where the
works are unavailable or scarcely available due to, e.g.,
out-of-print.

3-2. Paragraph (2)

Expansion of =93in the library=94

Under the current provision, a library is defined as an establishment
occupying physically the same space. Therefore, for instance, when a
university has several libraries distant but connected by the same
computer network, each library is separate one within the meaning of
current Article 31.

The Amendment expands the concept of =93in the library=94 by adding the
phrase =93including an Internet address that is supported by an
information telecommunication network of such libraries, etc.=94

Remote Access

Under the current provision, in order to access works provided in
digital format by a library, users have to visit the library. Further,
in such a library, the number of users concurrently accessing the
digital works is limited by the number of physical copies held by the
library.

The Amendment removes these two limitations, allowing remote access to
the digital works regardless of the number of the physical copies kept
by the library. In consideration of concerns of and harmful impacts on
the publishers, the Amendment provides that peruse by readers outside
the libraries is only permitted after five years have passed from the
date when the works were published for sale. Even after the elapse of
five years, libraries have to pay compensation to a copyright holder
for their providing for the remote use (Paragraph 5).

3-3. Paragraph (3)

Deleted in accordance with the amendment of Paragraph (2).

3-4. Paragraph (4)

It is permitted that libraries reproduce works in digital formats even
when they are being sold in digital format so long as the reproduction
is made for the purpose of preservation under Subparagraph 2 of
Paragraph 1.

3-5. Paragraph (5)

The current compensation rule applies to any interactive transmission
between libraries. The Amendment rules out the transmission of works
that are non-for-sale.

3-6. Paragraph (6)

The Amendment enables the State or local government to financially
assist a library having a slim budget for paying compensation to the
copyright holders.

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Heesob Nam
Intellectual Property Left (IPLeft)
+44 75 3200 4510