교과용도서에 관한 법제 개선방안 연구 : 학습참고서 및 저작권법을 중심으로

Abstract

The copyright law includes a regulation about books for educational purposes of high schools or schools that are equivalent to high school and are of lower grade. But reference books are excluded from the category of books for educational purposes. As a matter of fact, reference books have to be published as soon as textbooks are published, and various problems take place due to such an exclusion of reference books. Reference books can be classified as books for educational purposes along with records, videos or electronic works, and the dual application of the copyright law might result in triggering some problems. It's inevitable for reference books to include the contents of books for educational purposes that are produced without getting permission from copyright holders. Therefore when it comes to reference books, it's necessary to improve the regulations of the copyright law that require prior license from copyright holders. As a result of making research, it's concluded that the related regulations of the copyright law such as "usage for school educational purposes, etc." should be revised to resolve problems with the publication of reference books, and another conclusion was that the differentiated application of the compensation criteria for the usage of works in books for educational purposes would be necessary. The improvement of the regulations of the copyright law is especially required to make it easier to write and publish textbooks and reference books that function as substitutes for textbooks, and that also is expected to ensure the prevention of possible unnecessary license-related disputes to make a contribution to the creation of the kind of social climate that guarantees a fair usage of works.