Creative works may be reproduced for the survey, research, preservation, etc.
Reproduction for Books- For any of the following cases, libraries, etc. may reproduce the creative work by using books, documents, records, or other data (hereinafter referred to as “Books, etc.”) stored in libraries, etc. (main text of Article 31, paragraph 1 of the Copyright Act and Article 12 of the Enforcement Decree of the Copyright Act).
1. If providing one copy of a part of the reproduction of the published books, etc. per person as requested by the user for survey or research purposes (including books, etc. reproduced or received by libraries, etc. according to Article 31, paragraph 3 of the Copyright Act)
2. If required for the self preservation of libraries, etc.
3. If reproductions are preserved by the request of other libraries, etc., due to the original work being sold out or other similar reasons that make obtainment difficult
※ For cases under paragraphs 1 and 3, books, etc. shall not be reproduced in digital form (Conditions of Article 31, paragraph 1 of the Copyright Act).
Reproduction and Transmission to Provide View through Computers in Libraries, Etc.- Libraries, etc., may reproduce or transmit books, etc., stored for users to read through computers in libraries, etc. (former part of Article 31, paragraph 2 of the Copyright Act).
· In this case, the number of users allowed to read books, etc. at once shall not exceed the number of books, etc. stored in libraries, etc. or the number of copies permitted for use by the holder of copyrights or other rights protected under the Copyright Act (Latter Part of Article 31, paragraph 2 of the Copyright Act).
- Libraries, etc., may reproduce or transmit books, etc., stored for users to read through computers in other libraries, etc. (main text of Article 31, paragraph 3 of the Copyright Act).
· However, books, etc., issued partially or entirely for sale shall not be reproduced or transmitted, unless five years have passed since its issuance date (Conditions of Article 31, paragraph 3 of the Copyright Act).
Reproduction for Online Data Preservation in the National Central Library- According to the Libraries Act, the National Central Library may reproduce related data for collections of online data preservations (Article 31, paragraph 8 of the Copyright Act).
Prohibition of Reproductions of Books, Etc. in Digital Form- For the following cases, the books, etc., shall not be reproduced in digital form if sold in digital form: books, etc. for self-preservation, or books, etc. according to stipulations under Article 31, paragraphs 2 and 3 of the Copyright Act (Article 31, paragraph 4 of the Copyright Act).
Payment of Compensation- For the following cases, libraries, etc., shall pay compensation specified under the Standard of Compensation for Libraries, Etc. Reproducing and Transmitting Creative Works」 to the relevant author’s property right holder (main text of Article 31, paragraph 5): ① If providing each person one copy of partial reproductions of books, etc. published by the user’s request for inspection or research purposes (Article 31, paragraph 1, subparagraph 1 of the Copyright Act) that is duplicated in digital form (including reproduced or transmitted books, etc. from other libraries, etc.), or ② If transmitting books not for sale or books for sale with five years after their issuance date to be viewed in other libraries, etc.
- However, suppose the author’s property right holder of books, etc. (excluding books partially or entirely issued for sale) is a national-run or local government-run institution, a university or a higher education institution. In this case, the user may not make the compensation above (Conditions of Article 31, paragraph 5 of the Copyright Act).
Obligatory Measures Required, such as Preventive Measures for Reproduction- To reproduce or transmit books, etc. in digital forms, libraries, etc. shall take the following measures to prevent the infringement of copyrights, etc. (Article 31, paragraph 7 of the Copyright Act and Article 13 of the Enforcement Decree of the Copyright Act).
· The following technical measures required to prevent illegal use
√ Measures to prevent reproduction by allowing users of libraries, etc., to read books, etc., only in libraries, etc., and in no other place or way.
√ Permit the approach of books, etc. only for users in libraries and no one else
√ Methods to check whether or not the user read books, etc. in libraries, etc. only as told or whether the user modified the contents
√ Installation of equipment to prevent the use of electronic recording media produced for sale
· Education for library employees to prevent copyright infringement
· Attachment of warning notices regarding copyright protection on computers, etc.
· Installation of equipment to calculate compensation under Article 31, paragraph 5 of the Copyright Act