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공공정보, 공익에서 공유(public domain)로 옷을 갈아입다 - 공공정보의 활용을 위한 저작물 공유 문제 검토

Public Sector Information dressed in the Public Domain - Focused on the public domain of the PSI

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Public sector information(PSI) is an important source of the information access in our information society. It is collected and produced by public organizations, is for the use on the variety of utilities, such as academic, commercial, and administrative objects. Generally PSI protected by copyright is limited to the public access without license agreement. The copyrighted PSI is a obstacle to the public domain, and is mainly provided for the public interest of public administration. For the free access of public information, they say that the copyright protection is not available for any work of the government like as the Copyright Act of USA. The US government cannot claim copyright in works produced by federal government employees in the course of their official duties. This article examines the legal concept of PSI, the copyright problems of PSI, and the legal theories of copyrighted government works. And also examines PSI should be for free access in information society, should be provided for the purpose of public domain.

Abstract

Public sector information(PSI) is an important source of the information access in our information society. It is collected and produced by public organizations, is for the use on the variety of utilities, such as academic, commercial, and administrative objects. Generally PSI protected by copyright is limited to the public access without license agreement. The copyrighted PSI is a obstacle to the public domain, and is mainly provided for the public interest of public administration. For the free access of public information, they say that the copyright protection is not available for any work of the government like as the Copyright Act of USA. The US government cannot claim copyright in works produced by federal government employees in the course of their official duties. This article examines the legal concept of PSI, the copyright problems of PSI, and the legal theories of copyrighted government works. And also examines PSI should be for free access in information society, should be provided for the purpose of public domain.

참고문헌 (20)

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  2. 윤종민, "국가연구개발 저작물 관리의 법적 고찰", 산업재산권, (33), pp.267~306 (2010), 한국산업재산권법학회
  3. 저작권상생협의체, "저작물의 공정이용에 관한 가이드라인" (2010), 문화체육관광부
  4. 정상조, "지적재산권법" (2004), 홍문사
  5. 남형두, "저작권법 주해" (2007), 박영사
  6. James Boyle, "The Public Domain: Enclosing the Commons of the Mind" (2008), Yale University Press
  7. James Boyle, "The Second Enclosure Movement and the Construction of the Public Domain", Law & Contemp. Probs, 66, pp.33~ (2003)
  8. Anupam Chander, "The Romance of the Public Domain", Cal. L. Rev, 92, pp.1331~ (2004)
  9. Robert A. Gorman, "Copyright", pp.274~ (2006), Foundation Press
  10. "H.R. Rep. No. 94-1476, 94th Cong" (1976)
  11. David Lange, "Reimagining the Public Domain", Law & Contemp. Probs, 66, pp.463~ (2003)
  12. Marshall Leaffer, "Understanding Copyright Law" (2005), LexisNexis
  13. Jessica Litman, "Digital Copyright" (2006), Prometheus Books
  14. Robert P. Merges, "A New Dynamism in the Public Domain", U. Chi. L. Rev, 71, pp.183~ (2004)
  15. David Nimmer, "Nimmer on Copyright" (2006), LexisNexis
  16. L. Ray Patterson, "The Nature of Copyright" (1991), University of Georgia Press
  17. Carol M. Rose, "Romans, Roads and Romantic Creators: Traditions of Public Property in the Information Age", Law & Contemp. Probs, 66, pp.89~ (2003)
  18. Pamela Samuelson, "Mapping the Digital Public Domain: Threats and Opportunities", Law & Contemp. Probs, 66, pp.147~ (2003)
  19. Roger E. Schechter, "Intellectual Property: The Law of Copyrights, Patents and Trademarks", pp.2003, Thomson
  20. Raymond Wittig, "Government Works in an International Marketplace: The Copyright Issue", Syracuse L. & Tech. J, 2002, pp.1~ (2002)

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