학교교육에의 저작물 이용과 저작권제한

Use of Copyrighted Works in Education and Copyright Limitation

Sec. 1 of Copyright Act states that the goal of the Act is to contribute to the development of culture by providing protection to copyright and by promoting fair exploitation of works of authorship. The policy goal of the Act to balance the conflicting interests of an author and the public, i.e., the interests of the author in securing economic gains through the exercise of copyright in his works and the interests of the general public in enjoining the benefit of author's cultural contributions. The interests of the public are secured through various limitations and exceptions set forth in Secs. 23 through 38. Specially, Sec. 25 of the Korean Copyright Act permits the reproduction and transmission of works at educational institutions, and sets forth minimum standards of educational fair use. In principle, fair use explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Because of difficulty in listing exact limits of fair use, copyright law needs to provides standards for determination of the fair use exemption. This article discusses a basic framework for construction a new fair use standard in education.