Toward the utilization of Out-of-Commerce Broadcasting Archives: A proposal to create a provision to limit copyright for educational purposes
While most of the broadcasted programs stored as archives by broadcasting stations are in a "dead store" state, there are many voices who want to use the broadcasting archives in classes. For this reason, in this paper, we will set up and consider a private proposal to establish a new rights restriction provision in the Copyright Law. Based on Article 35 of the Copyright Law and the public transmission compensation system for class purposes, out-of-commerce broadcast archives that are not distributed in the market while referring to the provisions and operation of public transmission of "Materials such as Out of Print" in Article31 (3). Assuming (OoC), it is a private proposal that distribution can be limited to use in classes, etc. without the permission of the copyright holder related to each program. It was confirmed that the broadcast archive in the "dead" state effectively fits the definition of OoC, and that my proposal also fits the three-step test. He showed the expected effects and required efforts by realizing the private proposal, and the possibilities and issues of the expanded centralized license system.