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Copyright Act — Article 31 (Reproductions in libraries)

저작권법 제31조

(1) Libraries under the Libraries Act and the facilities prescribed by Presidential Decree (including the heads of relevant facilities; hereinafter referred to as "libraries, etc.") among facilities which provide books, documents, records, and other materials (hereinafter referred to as "books, etc.") designed for public access may reproduce the works by using books, etc. held by the relevant libraries, etc. (including the books, etc. reproduced by or interactively transmitted to the relevant libraries, etc. under paragraph (3), in the case of subparagraph 1) when it falls under any of the following subparagraphs; provided, they shall not reproduce the works in digital format in the case of subparagraphs 1 and 3: <Amended on May 18, 2021; Aug. 8, 2023>

1. Where a copy of a part of the books, etc. already made public is provided to each person at the request of a user for the purpose of research and study;

2. Where it is necessary to make a self-preservation of books, etc.;

3. Where copies of books, etc., which are hard to obtain due to out of print or other equivalent causes, are made and provided to other libraries, etc., at their request, for their preservation purposes.

(2) The libraries, etc. may reproduce or interactively transmit the books, etc. held thereby so as to have the users peruse them within the relevant libraries, etc. by using computers. In such cases, the number of users allowed to peruse simultaneously shall not exceed the number of copies of the books, etc. held by said libraries, etc. or authorized to be used by the person holding copyright or other rights protected under this Act. <Amended on Apr. 22, 2009>

(3) The libraries, etc. may reproduce or interactively transmit the books, etc. held by them so as to have the users peruse them inside other libraries, etc. by using computers; provided, the same shall not apply where the whole or part of books, etc. are published for commercial purposes, and five years have not passed from the date of their publication. <Amended on Apr. 22, 2009; Aug. 8, 2023>

(4) In making any reproductions of the books, etc. under paragraph (1)2 and those of the books, etc. under paragraphs (2) and (3), if the said books, etc. are sold in digital format, the libraries, etc., shall be prohibited from reproducing them in digital format.

(5) Where the libraries, etc. reproduce the books, etc. in digital format under paragraph (1)1, and where they reproduce or interactively transmit the books, etc. pursuant to paragraph (3) so as to make them available for perusal inside other libraries, etc., they shall pay remuneration to the holder of author's economic rights under the standards determined and publicly notified by the Minister of Culture, Sports and Tourism; provided, the same shall not apply to the case of books, etc. to which the holder of author's economic rights are the State, local governments, or schools under Article 2 of the Higher Education Act (excluding the whole or part of books, etc. which have been published for commercial purposes). <Amended on Feb. 29, 2008; May 18, 2021>

(6) Article 25(7) through (11) shall apply mutatis mutandis to the payment, etc. of remuneration under paragraph (5). <Amended on Feb. 4, 2020>

(7) Where the libraries, etc. reproduce or interactively transmit the books, etc. in digital format pursuant to paragraphs (1) through (3), they shall take necessary measures prescribed by Presidential Decree, such as those to prevent any reproduction, in order to prevent any infringement on copyright and other rights protected under this Act. <Amended on May 18, 2021; Aug. 8, 2023>

(8) Where the National Library of Korea collects online materials to preserve pursuant to Article 22 of the Libraries Act, it may reproduce the relevant materials. <Added on Mar. 25, 2009; Dec. 7, 2021>

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