The concept of content is shifting from that of 'ownership' to 'access'. Educational content is no exception to this paradigm shift. The government's smart education policy makes the basic assumption that the use of digital media means the transition from public education to an open content environment. Accordingly, with regard to the legal regulation of digital education content, there are two main issues to be discussed: 'Is the regulation of digital education content necessary?', 'Is the legal regulation of digital education content possible?'First, there is no disagreement that digital education content, like all analog content, requires legal regulations to guarantee the learning rights of people. However, in the case of digital education content that will be replaced in the future, there are some fundamental limitations to pre-regulation. Second, for the regulation of digital education content, it is necessary to present clear standards through laws and to discuss the notion of self-regulation itself. In the era of digital transformation, it is time to design a new approach to educational content to guarantee the educational rights of the people, increase creativity through educational content, and guarantee the freedom of expression.