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Laws of the Republic of Korea |
[Enforced on July 23, 2009] [Law No. 9625, April 22, 2009, amendment] CHAPTER 1. GENERAL PROVISIONS
Article 1 (Purpose) The purpose of this Act is to protect the rights of authors and the
neighboring rights and to promote fair use
of works in order to contribute to the improvement
and development of the culture and related industries.
1. "Works" shall mean creative productions in which human ideas or emotions are expressed;
2. "Authors" shall mean the persons who create works;
3. "Public performance" shall mean the presentation of a work, or a performance, a phonogram,
or a broadcast to the public by acting,
musical playing, singing, narrating, reciting, screening,
reproducing, or other means, and shall include transmission (excluding
interactive transmission)
that is made in a connected place in one and the same person's occupation;
4. "Performers" shall mean the persons who express a work by acting, dancing, musical playing,
singing, narrating, reciting, or other
artistic means, or who express something other than a work
by a similar method including the persons who conduct, direct, or supervise
performances;
5. "Phonograms" shall mean the media in which the sound (which refers to voice or sound effect
herein; the same hereinafter) is fixed
(excluding those in which the sound is fixed together with
some visual images);
6. "Phonogram producers" shall mean the persons who plan and assume responsibility for the
fixation of sound on phonograms;
7. "Public transmission" shall mean transmission of a work, a performance, a phonogram, a
broadcast, or a database (hereinafter referred
to as "works, etc.") or making such available to
the public by wire or wireless means intended for reception or access by the public;
8. "Broadcasting" shall mean, among public transmission, the transmission of sounds, images,
or sounds and images intended for simultaneous
reception by the public;
9. "Broadcasting organizations" shall mean the persons engaged in the broadcasting business;
10. "Interactive transmission" shall mean, among public transmission, making works, etc.
available to the public in such a way that
members of the public may access them from a place
and at a time of their choosing, and shall include the transmissions that occur
thereby;
11. "Digital sound transmission" shall mean, among public transmission, the transmission of
sounds in the digital method which is
commenced upon request of members of the public
intended for simultaneous reception by the public, and shall exclude interactive
transmissions;
12. "Digital sound transmission organizations" shall mean the persons engaged in the digital
sound transmission business;
13. "Cinematographic works" shall mean the creative production in which a series of images
(regardless of whether or not accompanied
by sound) are collected, and which can be played by
mechanical or electronic devices and can be seen, or both seen and heard;
14. "Producers of cinematographic works" shall mean the persons who plan and take
responsibility for the production of cinematographic
works;
15. "Works of applied art" shall mean artistic works that may be reproduced in the same shape
on articles and whose originality is
distinguishable from the articles used, and shall include
designs, etc.;
16. "Computer program works" shall mean creative production expressed as a series of
statements or instructions used directly or
indirectly in an computer or other device (hereinafter
referred to as "computer") which has an information processing ability in
order to obtain a
certain result;
17. "Compilation" shall mean a collection of works or symbols, letters, sounds, images, or
materials in other formats (hereinafter
referred to as "subject matters"), including databases;
18. "Compilation works" shall mean compilations of a creative nature in terms of selection,
arrangement, or composition of its subject
matters;
19. "Database" shall mean a compilation that arranges or composes subject matters
systematically so that one can individually access
or search such subject matters;
20. "Database producers" shall mean the persons who make a considerable investment in
human or material resources for production
of a database, or renewal, verification, or
supplementation (hereinafter referred to as "renewal, etc.") of its subject matters;
21. "Joint works" shall mean works created jointly by two or more persons whose respective
contributions cannot be separately exploited;
22. "Reproduction" shall mean the fixation or the reproduction in a tangible medium by means of
printing, photographing, copying,
sound or visual recording, or other means; in the case of
architectural works, it shall include construction according to the models
or plans for the
construction;
23. "Distribution" shall mean the transfer by assignment or rental of the original or reproduction
of works, etc. to the public with
or without payment by the public;
24. "Publication" shall mean the reproduction and distribution of works or phonograms to meet
public demand;
25. "Making a work public" shall mean to make a work available to the public by means of
performance, public transmission, exhibition,
or other means and to publish a work;
26. "Copyright trust services" shall mean a line of business in which one holds in trust and
continuously manages the rights on behalf
of the persons who hold the rights of owners of
author's property rights, publication rights, neighboring rights, or rights of database
producers,
and shall include a general agent concerning exploitation of works, etc.;
27. "Copyright agency or brokerage services" shall mean a line of business in which one acts as
an agent or a broker on behalf of
the persons who hold the rights of owners of author's property
rights, publication rights, neighboring rights, or rights of database
producers with regard to the
exploitation of the rights;
28. "Technological protection measures" shall mean technological measures applied by a rights
holder or a person who is delegated
by such rights holder to effectively prevent or restrain the
infringement of copyrights and other rights protected according to
this Act;
29. "Right management information" shall mean information which falls under any of the
following Subparagraphs, or numbers or symbols
representing such information, each of which
is attached to the original or reproduction of works, etc. or is accompanied by performance,
implementation, or public transmission thereof:
a. Information for identification of works, etc.;
b. Information for identification of authors, owners of author's property rights,
publication rights,
exclusive publication rights of programs or neighboring rights, or database producers; and
c. Information related
to the terms and conditions of the use of works, etc.;
30. "Online service providers" shall mean the persons who provide others with services that
reproduce or interactively transmit works,
etc. through information and telecommunications
networks (which refer to such information and telecommunications networks as provided
in
Subparagraph 1, Paragraph (1), Article 2 of the Act on Promotion of Information and
Communications Network Utilization and Information
Protection, Etc.; hereinafter the same shall
apply.);
31. "Works made by an employee in the course of his duties" shall mean works made by an
employee of a legal person, an organization,
or other employer (hereinafter referred to as "legal
person, etc.") during the course of his duties, and on the initiative of a
legal person, etc.;
32. "The public" shall mean an unspecific multitude of people (including a specific multitude of
people);
33. "Verification" shall mean to verify justifiable rights holders for authorization of exploitation of
works, etc.; and
34. "Decompilation of program codes" shall mean reproduction or conversion of the codes of
computer program works in order to obtain
information needed to allow interoperation
between(necessary for the compatibility of independently-created computer program works
with
other computer programs.
Article 2-2 (Establishment of Policies for Copyright Protection, Etc.) (1) The Minister of
Culture, Sports and Tourism may establish
and enforce policies under each of the following
Subparagraphs to achieve the purpose of this Act:
1. Matters about basic policies to create an environment conducive to protection of copyrights
and fair use of works;
2. Matters about education and publicity to spread awareness of copyrights; and
3. Matters about policies for the right management information and technological protection
measures of works, etc.
(2) The necessary matters for establishment and enforcement of policies pursuant to Paragraph
(1) shall be determined by Presidential
Decree.
[This Article added on April 22, 2009]
Article 3 (Works by Foreigners) (1) The works by foreigners shall be protected in accordance
with the treaties to which the Republic
of Korea has acceded or which it has ratified.
(2) The works by foreigners who permanently reside in the Republic of Korea (including
stateless persons and the foreign legal persons having their principal office in the Republic of
Korea) and foreigners' works which
are first published in the Republic of Korea (including works
published in the Republic of Korea within thirty days after their
publication in a foreign country)
shall be protected under this Act.
(3) Even when foreigners' works (excluding foreigners who permanently reside in the Republic
of Korea and stateless persons) are
to be protected in accordance with Paragraphs (1) and (2),
if the foreign country concerned does not protect the works of the nationals
of the Republic of
Korea, their protection in accordance with treaties and this Act may be correspondingly
restricted.
CHAPTER 2. RIGHTS OF AUTHORS
SECTION 1. WORKS
Article 4 (Examples of Works, Etc.) (1) The following shall be the examples of works referred
to in this Act:
1. Novels, poems, theses, lectures, speeches, plays, and other literary works;
2. Musical works;
3. Theatrical works including dramas, choreographies, pantomimes, and other theatrical works;
4. Paintings, calligraphic works, sculptures, prints, crafts, works of applied art, and other artistic
works;
5. Architecture, architectural models, architectural plans, and other architectural works;
6. Photographic works (including other works produced by similar methods);
7. Cinematographic works;
8. Maps, charts, plans, sketches, models, and other diagrammatic works; and
9. Computer program works.
(2) Deleted
Article 5 (Derivative Works) (1) A creation produced by means of translation, arrangement,
alteration, dramatization, cinematization,
etc. of an original work (hereinafter referred to as
"derivative work") shall be protected as an independent work.
(2) The protection
of a derivative work shall not affect the rights of the author of the original work.
Article 6 (Compilation Works) (1) Compilation
works shall be protected as independent works.
(2) The protection of a compilation work shall not affect the copyright of the subject
matters
constituting such compilation work and other rights protected pursuant to this Act.
Article 7 (Works Not Protected) No
work which falls under any of the following Subparagraphs
shall be protected under this Act:
1. Constitution, laws, treaties, decrees, ordinances, and rules;
2. Notices, public notifications, directions, and others similar to them issued by the national or
local government;
3. Judgments, decisions, orders, or rulings of courts, as well as rulings and decisions made by
the administrative appeal procedures
or other similar procedures;
4. Compilations or translations of works as referred to in Subparagraphs 1 to 3 which are
produced by the national or local government;
and
5. Current news reports which transmit simple facts.
SECTION 2. AUTHORS
Article 8 (Presumption of Authorship, Etc.) (1) Any person who falls under any of the
following Subparagraphs shall be presumed
to be an author:
1. A person whose real name or well-known pseudonym (which refers to pen-, stage-, or screen-
name, pseudonym, abbreviation, etc.
herein; hereinafter the same shall apply.) is indicated as
the name of the author in the customary manner on the original or reproduction
of a work; and
2. A person whose real name or well-known pseudonym is indicated as the author in the public
performance or public transmission of
a work.
(2) If the name of the author as prescribed under any of Subparagraphs of Paragraph (1) is not
indicated on a work, the person who
is indicated as publisher or public performer, or a person
who is making the work public shall be presumed to hold the copyright.
Article 9 (Authorship of a Work Made by an Employee in the Course of His Duties) The
authorship of a work which is made by an employee
of a legal person, etc. during the course of
his duties and is made public under the name of such a legal person, etc. as the author
shall be
attributed to that legal person, etc., unless otherwise stipulated in a contract, work regulation,
etc.: provided that
being made public is not a requirement for computer program works
(hereinafter referred to as "programs").
SECTION 3. AUTHOR'S MORAL RIGHTS
Article 11 (Right to Make Public) (1) The author shall have the right to decide whether or not
to make his work public.
(2) If an author has transferred by assignment his property rights in a work not yet made public
pursuant to Article 45, authorized
to exploit pursuant to Article 46, established the right of
publication pursuant to Article 57, or established exclusive publication
rights of programs
pursuant to Article 101-6, he shall be presumed to have given the other party his consent to
make it public.
(3) If an author has transferred by assignment the original of his work of art, architectural work,
or photographic work (hereinafter
referred to as "work of art, etc.") not yet made public, he shall
be presumed to have given the other party his consent to make
the original public by exhibition.
(4) If a derivative work or compilation work has been made public with the consent of the author,
its original shall be considered also to have been made public.
Article 12 (Right to Indicate the Author's Name) (1) The author
shall have the right to indicate
his real name or pseudonym on the original, reproduction, or publication media of his work.
(2)
In the absence of any intention of the author to the contrary, the person using his work shall
indicate the name of the author in
the same manner as that already adopted by the author,
unless such indication is deemed impossible in light of the nature of a work,
and the purpose
and manner of its exploitation etc.
Article 13 (Right to Preserve the Integrity) (1) The author shall have the right to preserve the
integrity of the content, form,
and title of his work.
(2) The author shall not object to a modification falling under any of the following
Subparagraphs: provided
that substantial modification has not been made
1. In the case where a work is used in accordance with Article 25, a modification of expression
within the limit as deemed unavoidable
for the purpose of school education;
2. Extension, rebuilding, or other form of alteration of architecture;
3. Modification within the limit as deemed necessary to enable programs that can be used only
on specific computers to be used on
other computers;
4. Modification within the limit as deemed necessary to use programs more effectively on
specific computers; and
5. Other modifications within the limit as deemed unavoidable in the light of the nature of a work,
and the purpose and manner of
its exploitation etc.
Article 14 (Inalienability of Author's Moral Rights) (1) Author's moral rights shall belong
exclusively to
the author.
(2) Even after the death of the author, no person who exploits his work shall commit an act
which would be damaging to author's
moral rights if he were alive: provided that such an act is
deemed to have not defamed the author in light of the nature and extent
of the act, and in view
of the prevailing social norms.
Article 15 (Author's Moral Rights in Joint Works) (1) Author's moral rights in a joint work may
not be exercised without the unanimous
agreement of all the authors concerned. In this case,
none of the authors may in bad faith prevent the agreement from being reached.
(2) Authors of a joint work may designate one of them as a representative in the exercise of their
moral rights.
(3) Limitations imposed on the representation mentioned pursuant to Paragraph (2) shall not be
effective against a bona fide third
person.
SECTION 4. AUTHOR'S PROPERTY RIGHTS
SUBSECTION 1. TYPES OF AUTHOR'S PROPERTY RIGHTS
Article 16 (Right of Reproduction) The author shall have the right to reproduce his work.
Article 17 (Right of Public Performance)
The author shall have the right to perform his work
publicly.
Article 18 (Right of Public Transmission) The author shall have the right to communicate his
work to the public.
Article 19 (Right of Exhibition) The author shall have the right to exhibit the original or
reproduction of his work of art, etc.
Article 20 (Right of Distribution) The author shall have the right to distribute the original or
reproduction of his work, unless
the original or reproduction of a work is offered for transaction
by means of selling, etc. with the authorization of the owner
of the property rights.
Article 21 (Right of Rental) Notwithstanding the proviso of Article 20, the author shall have the
right to rent a commercial phonogram
or commercial program for profit-making purposes.
Article 22 (Right of the Production of Derivative Works) The author shall have the right to
produce and exploit a derivative work
based on his original work.
SUBSECTION 2. LIMITATIONS ON AUTHOR'S PROPERTY RIGHTS
Article 23 (Reproduction for Judicial Proceedings,
Etc.) It shall be permissible to reproduce
a work if and to the extent deemed necessary for the purpose of judicial proceedings
and of
internal use in the legislative or administrative organs: provided that such reproduction does not
unreasonably prejudice
the interests of the owner of author's property rights with respect to the
nature of the work as well as the number of copies and
the nature of reproduction.
Article 24 (Use of Political Speeches, Etc.) It shall be permissible to exploit, by any means,
political
speeches delivered in public and statements made in courts of law, the National
Assembly, or municipal assemblies, unless the speeches
or statements written by the same
authors have been edited.
Article 25 (Use for the Purpose of School Education, Etc.) (1) A work already made public
may be reproduced in textbooks to the
extent deemed necessary for the purpose of education
in high schools, their equivalents, or lower level schools.
(2) Schools established
by special laws; schools under the Early Childhood Education Act, the
Elementary and Secondary Education Act, or the Higher Education
Act; educational institutions
operated by the national or local government; and educational support institutions belonging to
the
national or local government to support classroom education at these educational
institutions may reproduce, distribute, perform
publicly, broadcast, or conduct interactive
transmission a part of a work already made public to the extent deemed necessary for
the
purpose of classroom education or support: provided that the use of the entirety of a work is
deemed inevitable in the light
of the nature of a work, and the purpose and manner of its
exploitation, etc., use of the entirety of the work shall be permissible.
(3) A person who attends the educational institutions described in Paragraph (2) may reproduce
or interactively transmit a work
already made public within the limit stipulated in Paragraph (2) to
the extent deemed necessary for the purpose of classroom education.
(4) A person who intends to exploit a work pursuant to Paragraphs (1) and (2) shall pay
compensation to the owner of author's property
rights according to the criteria for compensation
as determined and published by the Minister of Culture, Sports and Tourism. Those
who engage
in reproduction, distribution, public performance, broadcasting, or interactive transmission of a
work done at high
schools, their equivalents, or lower level schools as prescribed under
Paragraph (2) shall not be obliged to pay compensation.
(5) The right to be compensated pursuant to Paragraph (4) shall be exercised by an
organization which satisfies all of the following
conditions and is designated by the Minister of
Culture, Sports and Tourism. The consent of the organization shall be necessary
when the
Minister of Culture, Sports and Tourism designates such organization.
1. Consist of the persons who hold the right to receive compensation in the Republic of Korea
(hereinafter referred to as "compensation
right holder");
2. Not be profit making; and
3. Have ample capability to carry out its duties including collecting and distributing the
compensation.
(6) At the request of a compensation right holder, the organization under Paragraph (5) may not
refuse exercise of the right of
a compensation right holder even if the compensation right holder
is not a member of the organization. In this case, the organization
shall have the authority to
exercise judicial or non-judicial acts with regard to the right under its name.
(7) The Minister of
Culture, Sports and Tourism may revoke the designation if the organization
under Paragraph (5) falls under any of the following
Subparagraphs
1. Where an organization fails to satisfy the conditions stipulated in Paragraph (5);
2. Where an organization violates the work regulation with regard to compensation; and
3. Where there is a concern that the interest of a compensation right holder could be harmed
due to the organization's suspension
of its duties with regard to compensation for a
considerable period of time.
(8) The organization under Paragraph (5) may use undistributed compensations for which
notification was made three or more years
ago for the public interest after obtaining
authorization of the Minister of Culture, Sports and Tourism.
Article 26 (Use for News Report) When reporting current events by means of broadcasts,
newspapers, or other means, it shall be permissible
to reproduce, distribute, perform publicly, or
communicate to the public a work seen or heard in the course of the event, to the
extent
justified by the reporting purpose.
Article 27 (Reproduction, Etc. of News Articles and Editorials) News articles and editorials
about politics, economy, society, culture,
and religion published in newspapers and Internet
newspapers pursuant to Article 2 of the Act on the Freedom of Newspapers, Etc.
and Guarantee
of Their Functions or by the news agency under Article 2 of the Act on News Communication
Promotion may be reproduced,
distributed, or broadcast by other media organizations, unless
any indications of prohibition of exploitation exist.
Article 28
(Quotations from Works Made Public) It shall be permissible to make quotations
from a work already made public: provided that they
are within a reasonable limit for news
reporting, criticism, education, and research, etc. and compatible with fair practices.
Article 29 (Public Performance and Broadcasting for Non-profit Purposes) (1) It shall be
permissible to perform publicly or broadcast
a work already made public for non-profit purposes
and without charging any fees to audience, spectators or third persons: provided
that the
performers concerned are not paid any remuneration for such performances.
(2) Commercial phonograms or cinematographic
works may be reproduced and played for the
public, if no fee is charged to the audience or spectators, except the cases as set forth
by
Presidential Decree.
Article 30 (Reproduction for Private Use) A user may reproduce by himself a work already
made public for the purpose of his personal,
family, or other similar uses within a limited circle,
not for profit purposes: provided that this shall not apply to reproduction
by a photocopier set up
for public use.
Article 31 (Reproduction, Etc. in Libraries, Etc.) (1) Libraries under the Library Act and the
facilities (including the heads of
the appropriate facilities; hereinafter referred to as "libraries,
etc.") as prescribed by Presidential Decree among those facilities
which provide books,
documents, records, and other materials (hereinafter referred to as "books, etc.") for public use
may reproduce
the works contained in books, etc. held by the libraries, etc. (in the case of
Subparagraph 1, including the books, etc. reproduced
by and interactively transmitted to the
libraries, etc. in accordance with the provision of Paragraph (3) hereof) in any of the
following
cases: provided that in the case of Subparagraphs 1 and 3, the works may not be reproduced in
digital format:
1. Where, at the request of a user and for the purpose of research and study, a single copy of a
part of books, etc. already made
public is provided to him;
2. Where it is necessary for libraries, etc. to reproduce books, etc. for the purpose of preserving
such books, etc.; and
3. Where libraries, etc. provide other libraries etc. with a reproduction of books, etc. that are out
of print or scarcely available
for similar reasons at the request of other libraries etc. for their
collection purpose.
(2) Libraries, etc. may reproduce or interactively transmit their books, etc. to allow users to
peruse them in such libraries, etc.
by using computers. In such case, the number of users who
may peruse them at the same time shall not exceed the number of copies
of such books, etc.
held by the libraries, etc. or authorized to be used by the persons with copyrights or other rights
protected
pursuant to this Act.
(4) In reproducing books, etc. pursuant to Subparagraph 2 of Paragraph (1), Paragraph (2) or
Paragraph (3), libraries, etc. shall
not reproduce such books, etc. in digital format if they are
being sold in digital format.
(5) In reproducing books, etc. in digital format pursuant to Subparagraph 1 of Paragraph (1), or
reproducing or interactively transmitting
books, etc. for the purpose of allowing perusal inside
other libraries, etc. pursuant to Paragraph (3), libraries, etc. shall pay
the owners of author's
property rights compensation in accordance with the standards determined and published by
the Minister of
Culture, Sports and Tourism: provided that said provision shall not apply to books,
etc. (excluding those books, etc. which are,
in part or in whole, published for a sales purpose)
regarding which the national, local governments, or schools as provided in Article
2 of the
Higher Education Act hold author's property rights.
(7) If books, etc. are reproduced or interactively transmitted in digital format pursuant to
foregoing Paragraphs (1) through (3),
libraries, etc. shall take necessary measures as provided
by Presidential Decree such as reproduction prevention measures in order
to prevent
infringement of copyrights and other rights protected under this Act.
(8) If the National Library of Korea collects
online materials for preservation purposes pursuant
to Article 20-2 of the Library Act, it may reproduce the corresponding materials.
Article 32 (Reproduction for Examination Questions) It shall be permissible to reproduce
and distribute a work already made public
in questions of entrance examinations or other
examinations of knowledge and skills, to the extent deemed necessary for that purpose:
provided that it is a non-profit purpose.
Article 34 (Ephemeral Sound or Visual Recordings by Broadcasting Organizations) (1)
Broadcasting organizations with the authority
to broadcast a work may make ephemeral sound
or visual recordings of the work for the purpose of their own broadcasting and by the
means of
their own facilities.
(2) Sound or visual recordings made pursuant to Paragraph (1) may not be kept for a period
exceeding one year from the date of sound
or visual recording, unless they are kept as
materials for public records at places as prescribed by Presidential Decree.
Article
35 (Exhibition or Reproduction of Works of Art, Etc.) (1) The owner of the original of
a work of art, etc. or a person who has obtained
the owner's authorization, may exhibit the work
in its original form: provided that this provision shall not apply if the work of
art is to be
permanently exhibited in a street or park, on the exterior of a building, or other places open to
the public.
(2) Works of art, etc. exhibited at all times at an open place as referred to in the proviso of
Paragraph (1) may be reproduced
and used by any means, except those falling under any of
the following cases:
1. Where a building is reproduced in another building;
2. Where a sculpture or a painting is reproduced in another sculpture or a painting;
3. Where the reproduction is made in order to exhibit permanently at an open place, as
prescribed under the proviso of Paragraph
(1); and
4. Where the reproduction is made for the purpose of selling its copies.
(3) A person who exhibits works of art, etc. under Paragraph
(1), or who intends to sell originals
of works of art, etc. may reproduce and distribute them in a pamphlet for the purpose of
explaining and introducing them.
(4) A portrait or a similar photographic work produced by consignment shall not be exploited
without the consent of the consignor.
Article 36 (Use by Means of Translation, Etc.) (1) If a work is used in accordance with Articles
25, 29, or 30, the work may be
used by means of translation, arrangement, or adaptation.
(2) If a work is used in accordance with Articles 23, 24, 26, 27, 28,
32, or 33, the work may be
used by means of translation.
Article 37 (Indication of Sources) (1) A person who uses a work pursuant to this Subsection
shall indicate its sources, except the
cases as prescribed under Articles 26, 29 to 32, or 34.
(2) The indication of the sources shall be made clearly in a manner and
to the extent deemed
reasonable in the situation in which the work is used. If the real name or pseudonym of the
author of a work
is indicated, such real name or pseudonym shall be indicated.
Article 37-2(Exclusion to Application) Articles 23, 25, 30, and 32
shall not apply to programs
[This Article added on April 22, 2009]
Article 38 (Relationship with Author's Moral Rights) No provision of this Subsection may be
interpreted as affecting the protection
of author's moral rights.
SUBSECTION 3. DURATION OF AUTHOR'S PROPERTY RIGHTS
Article 39 (Principles of the Protection Period) (1)
Author's property rights in a work shall
continue to subsist during the lifetime of an author and for a period of fifty years after
the death
of an author, unless otherwise provided in this Subsection. Author's property rights in a work
which is first made public
forty years after the death of an author and before a period of fifty
years has elapsed shall continue to subsist for a period of
ten years after it is made public.
(2) Author's property rights in a joint work shall continue to subsist for a period of fifty
years after
the death of the last surviving co-author.
Article 40 (Period of Protection for Anonymous and Pseudonymous Works) (1) Author's
property rights in an anonymous or pseudonymous
work, unless the pseudonym is widely
known, shall continue to subsist for a period of fifty years after it has been made public:
provided that within such period, if there are reasonable grounds for recognizing a date fifty
years after the death of the author,
such property rights shall be deemed to have lapsed fifty
years after the death of the author.
(2) The provision in Paragraph (1) shall not apply to any of the following cases:
1. Where the real name or the well-known pseudonym of an author is revealed during the period
referred to in Paragraph (1); and
2. Where the real name of an author is registered pursuant to Paragraph (1) of Article 53 during
the period referred to in Paragraph
(1)
Article 41 (Period of Protection for a Work Made by an Employee in the Course of His
Duties) Author's property rights of a work
made by an employee in the course of his duties shall
continue to subsist for a period of fifty years after it has been made public:
provided that if it has
not been made public within fifty years after its creation, author's property rights shall continue
to
subsist for a period of fifty years after its creation.
Article 42 (Period of Protection for Cinematographic Works and Programs
(2) In the case of works to be completed by making public in parts in a successive manner, the
last part already made public shall
be considered to be the last one under Paragraph (1) if the
next part is not made public within a period of three years following
the making public of the
preceding part.
Article 44 (Initial Date of the Protection Period) The initial date of the protection period of
author's property rights as prescribed
in this Subsection shall be the beginning of the year
following the date when the author died, the work is created, or is made public.
SUBSECTION 4. TRANSFER, EXERCISE, AND EXPIRY OF AUTHOR'S PROPERTY
RIGHTS
Article 45 (Transfer of Author's Property Rights) (1) Author's property rights may be
transferred by assignment in whole or in part.
(2) Where author's property rights are transferred by assignment in whole, the right of the
production and exploitation of a derivative
work as prescribed under Article 22 shall be
presumed not to be included in the transfer, unless otherwise stipulated: provided
that, in case
of programs, the right of the production of a derivative work shall be presumed to be included in
the transfer unless
otherwise stipulated
Article 48 (Exercise of Author's Property Rights in Joint Works) (1) Author's property rights
in a joint work may not be exercised
without the unanimous agreement of all the owners of
author's property rights. Each owner of author's property rights shall not
be entitled to transfer
by assignment or pledge his share of author's property rights without the consent of the other
authors.
Each owner may not, without reasonable justification, prevent the agreement from
being reached or refuse the consent in bad faith.
(2) The profit accruing from the exploitation of a joint work may be apportioned among its
authors according to the degree of contribution
by each author, unless otherwise stipulated. If
the degree of each contribution is not clear, the profit may be equally apportioned
to all the
authors.
(3) The owner of author's property rights in a joint work may renounce his share. In the case of
renunciation or the death of the
owner of author's property rights without an heir, his share may
be apportioned among the other owners according to the ratio of
their holding shares.
(4) Paragraphs (2) and (3) of Article 15 shall apply mutatis mutandis to the exercise of author's
property
rights in a joint work.
Article 49 (Expiry of Author's Property Rights) Author's property rights shall expire in any of
the following cases:
1. Where, after the author's death without an heir, author's property rights are to belong to the
national government according to
provisions of the Civil Law and other laws; and
2. Where, after the dissolution of a legal person or an organization which is the owner of
author's property rights, author's property
rights are to belong to the national government
according to the provisions of the Civil Law and others laws.
SECTION 5. EXPLOITATION
OF WORKS UNDER STATUTORY LICENSE
Article 50 (Exploitation of Works in Which the Owner of Author's Property Rights Is Not
Known)
(1) Where any person, despite his considerable efforts in accordance with the criteria
prescribed by Presidential Decree, cannot
identify the owner of author's property rights in a
work made public (except foreigners' works), or his place of residence and therefore
is unable to
obtain the authorization of the author for its exploitation, he may exploit the work by obtaining
approval of the
Minister of Culture, Sports and Tourism as prescribed by Presidential Decree,
and depositing a sum of compensation money according
to the criteria as determined by the
Minister of Culture, Sports and Tourism.
Article 51 (Broadcasting of Works Made Public) Where a broadcasting organization which
intends to broadcast a work already made
public for the sake of the public benefit has
negotiated with the owner of author's property rights but failed to reach an agreement,
it may
broadcast the work by obtaining approval of the Minister of Culture, Sports and Tourism as
prescribed by Presidential Decree,
and paying to the owner of author's property rights or
depositing a sum of compensation money according to the criteria as determined
by the
Minister of Culture, Sports and Tourism.
Article 53 (Registration of Copyright) (1) The author may have the items of the following
Subparagraphs registered:
1. Real name, pseudonym (limited to a case where a pseudonym was used when a work was
made public), nationality, domicile, or temporary
domicile of the author;
2. Title, category, and date of creation of a work;
3. Whether a work was made public, or the country and date in which the work was first made
public; and
4. Other items as prescribed by Presidential Decree.
(2) In the absence of any intention of the author to the contrary after the
death of the author, the
person designated by the will of the author or his heir may make such registrations as
prescribed under
each Subparagraph of Paragraph (1).
(3) The person whose real name is registered as the author in accordance with Paragraphs (1)
and (2) shall be presumed to be the author of the registered work. The work whose date of
creation or having first been made public
is registered shall be presumed to have been created
or first made public on the date registered: provided that, if the date of
creation is registered
after one year has lapsed from when the work is created, the work shall not be presumed to
have been created
on the registered date. 1. Transfer by assignment of author's property rights (except that by inheritance or other
successions in general) or the restriction
on the disposal of author's property rights; and
2. Establishment of the right of pledge on author's property rights, transfer, alteration, or expiry
of author's property rights,
or the restriction on the disposal of author's property rights.
Article 55 (Procedures, Etc. for Registration) (1) The registration
as prescribed pursuant to
Articles 53 and 54 shall be made by the Minister of Culture, Sports and Tourism on the copyright
register
the program register in case of programs herein; hereinafter the same shall apply.).
1. Where the application for registration is not for the intended registration; and
2. Where the application for registration is not in the format as prescribed by the Ordinance of
the Minister of Culture, Sports
and Tourism or does not have other necessary materials or
documents attached to it.
(3) The Minister of Culture, Sports and Tourism shall issue or post on the telecommunications
networks a registration notice concerning
the registration made on the copyright register in
accordance with Paragraph (1), and in the case when anyone applies, the Minister
of Culture,
Sports and Tourism shall have the copyright register perused by the applicant or shall issue a
copy of the copyright
register to the applicant.
Article 55-2 (Obligation to Maintain Confidentiality) Any person who conducts registration
tasks pursuant to Articles 53 to 55 or
who used to be in such position shall not divulge secrets
he came to know in the course of conducting such tasks to third parties.
[This Article added on April 22, 2009]
Article 56 (Authentication) of Rights Holders, Etc.) (1) The Minister of Culture, Sports and
Tourism may appoint an organization
for authentication to protect the safety and faith of
transactions of works, etc.
SECTION 7. RIGHT OF PUBLICATION
Article 57 (Establishment of the Right of Publication) (1) The owner who has the right to
reproduce and distribute a work (hereinafter
referred to as "owner of the right of reproduction")
may establish the right of publication (hereinafter referred to as "right of
publication") for a
person who intends to publish the work in writing or drawing through printing or other similar
means.
(2) The person for whom the right of publication (hereinafter referred to as "owner of the right of
publication") pursuant to Paragraph
(1) has been established shall have the right to publish the
original text of the work according to the terms of the contract of
establishment.
(3) If the right of pledge is established on the right of reproduction of a work, the owner of the
right of reproduction
may establish the right of publication only with the authorization of the
owner of the right of pledge.
Article 58 (Obligations of the Owner of the Right of Publication) (1) Unless otherwise
stipulated in the contract of establishment,
the owner of the right of publication shall have the
obligation to publish the work within nine months after the date when he received
from the
owner of the right of reproduction manuscripts or other similar materials which are necessary for
the reproduction of
the work.
(2) Unless otherwise stipulated in the contract of establishment, the owner of the right of
publication has the obligation to continue
to publish the work in its original form in accordance
with customary practice.
(3) Unless otherwise stipulated, the owner of the right of publication has the obligation to
indicate a notice of the owner of the
right of reproduction in each copy as stipulated by
Presidential Decree.
Article 59 (Revision, Addition or Reduction of a Work) (1) If the owner of the right of
publication publishes a new edition of the
work which is the object of his right, the author may
revise, add or reduce the contents of his work to the extent that it is justified.
(2) If the owner of the right of publication intends to make a new edition of the work which is the
object of his right, he shall
notify the author of his intention in advance every time he intends to
do so, unless otherwise stipulated.
Article 60 (Duration of the Right of Publication) (1) The duration of the right of publication
shall be three years from the date
of the first publication of a work, unless otherwise stipulated
in the contract of establishment.
(2) If the author of the work which is the object of the right of publication dies within the duration
of the right of publication,
the owner of the right of reproduction, notwithstanding the provision of
Paragraph (1), may reproduce the work in a complete collection
of works or other compilation
works, or publish the work by separating it from a complete collection of works or other
compilation
works.
Article 61 (Notification of the Termination of the Right of Publication) (1) If the owner of the
right of publication has violated
any provision of Paragraph (1) or (2) of Article 58, the owner of
the right of reproduction may require him to fulfill his obligation
within a prescribed period of no
less than six months. If the owner of the right of publication fails to do so within such period,
the
owner of the right of reproduction may notify him of the termination of his right of publication.
(2) The owner of the right
of reproduction may immediately notify the owner of the right of
publication of the termination of the right of publication, notwithstanding
the provision of
Paragraph (1), when it is impossible for the owner of the right of publication to publish the work,
or it is obvious
that he has no intention to do so.
(3) When the termination of the right of publication is notified as prescribed under the provision
of Paragraph (1) or (2), the right of publication is presumed to have been terminated on the date
the owner of the right of publication
has received the notification.
(4) In the case of Paragraph (3), the owner of the right of reproduction may at any time make a
claim against the owner of the right of publication for restitution or compensation for damages
accruing from the suspension of
publication of the work.
Article 62 (Distribution of Copies of a Work after Termination of the Right of Publication)
After termination
of the right of publication on account of the expiry of the duration of the right or
other reasons, the owner of the right of publication
shall not distribute copies of the work
reproduced within the duration of the right, except in the following cases:
1. Where otherwise stipulated in the contract of establishment; and
2. Where he has already paid any remuneration to the owner of the right of reproduction for
publication within the duration of the
right of publication, and he distributes the number of copies
equivalent to such payment.
Article 63 (Transfer by Assignment of and Limitations to the Right of Publication, Etc.) (1)
The right of publication may not be
transferred by assignment or pledged without the consent of
the owner of the right of reproduction.
(2) Article 23, Paragraphs (1) to (3) of Article 25, Articles 26 to 28, Articles 30 to 33, and
Paragraphs (2) and (3) of Article
35 shall apply mutatis mutandis to the reproduction of works
which are the object of the right of publication.
(3) Articles 54,
55, and 55-2 shall apply mutatis mutandis to the registration (including the
registration of the establishment of the right of publication)
of the right of publication. In such
cases, the term "copyright register" in Article 55 shall read as "publication right register."
CHAPTER 3. NEIGHBORING RIGHTS
SECTION 1. GENERAL RULES
Article 64 (Performances, Phonograms, and Broadcasts Protected) Performances,
phonograms and broadcasts satisfying any condition
of any of the following Subparagraphs
shall be protected as neighboring rights under this Act:
1. Performances:
a. Performances conducted by nationals of the Republic of Korea (including legal persons
established pursuant to
the laws and regulations of the Republic of Korea, and foreign legal
persons maintaining their principal offices in the Republic
of Korea; hereinafter the same shall
apply.);
b. Performances protected under the international treaties to which the Republic of Korea has
acceded or which it has ratified;
c. Performances fixed in phonograms as referred to in Subparagraph 2; and
d. Performances transmitted by broadcasts as referred
to in Subparagraph 3 (except those
included in sound or visual recordings before transmission).
2. Phonograms:
a. Phonograms manufactured by nationals of the Republic of Korea;
b. Phonograms in which sounds have been fixed for
the first time in the Republic of Korea;
c. Phonograms in which sounds have been fixed for the first time in a foreign country party
to
the treaties to which the Republic of Korea has acceded or which it has ratified and thus
protected under such treaties; and
d. Phonograms protected in accordance with the treaties which the Republic of Korea has
joined in or acceded to and of which producers
are the nationals of the contracting parties of
those treaties (including any legal person established pursuant to the laws and
regulations of
the contracting party and any legal person the main office of which is located in the contracting
party).
3. Broadcasts:
a. Broadcasts made by broadcasting organizations which are the nationals of the Republic of
Korea;
b. Broadcasts made from broadcasting facilities located in the Republic of Korea; and
c. Broadcasts made by broadcasting organizations
which are nationals of a foreign country
party to treaties to which the Republic of Korea has acceded or which it has ratified,
from
broadcasting facilities located in such foreign country party, and thus protected under such
treaties.
Article 65 (Relationship with Copyright) The Articles in this Chapter shall not to be construed
to have effects on copyright.
SECTION 2. RIGHTS OF PERFORMERS
Article 66 (Right to Indicate the Performer's Name) (1) The performer shall have the right to
indicate his real name or pseudonym
on the performance or reproduction of his performance.
(2) In the absence of any intention of the performer to the contrary, the
person using his work
shall indicate the name or pseudonym of the performer in the same manner as that already
adopted by the performer:
provided that this shall not apply if such indication is deemed
impossible in light of the nature of the work as well as the purpose
and manner of its exploitation.
Article 67 (Right to Preserve the Integrity) The performer shall have the right to preserve the
integrity of the content and form of his work: provided that this shall not apply if alteration of the
content and form of his
work is deemed unavoidable in light of the nature of the work as well as
the purpose and manner of its exploitation.
Article 68 (Inalienability of Performer's Moral Rights) The rights prescribed in Articles 66 and
67 (herein referred to as "performer'
moral rights") shall belong exclusively to the performer.
Article 69 (Right of Reproduction) Performers shall have the right to
reproduce their
performances.
Article 70 (Right of Distribution) Performers shall have the right to distribute the reproductions
of their performances unless
the reproduction of his performance is offered for transaction by
means of selling, etc. with the authorization of the performer.
Article 71 (Right of Rental) Notwithstanding the proviso of Article 70, performers shall have the
right to rent for profit-making
purposes a commercial phonogram in which their performance is
recorded.
Article 72 (Right of Public Performance) Performers shall have the right to perform their
unfixed performances publicly, unless
the performances are broadcast performances.
Article 73 (Right of Broadcasting of Performances) Performers shall have the right
to
broadcast their performances, except those recorded with the authorization of performers.
Article 74 (Right of Interactive Transmission)
Performers shall have the right to transmit their
works in an interactive manner.
Article 75 (Compensation by Broadcasting Organizations to Performers) (1) When a
broadcasting organization makes a broadcast using
commercial phonograms in which
performances are recorded, it shall pay reasonable compensation to the performers: provided
that
this shall not apply to performers who are foreigners whose countries do not admit the
compensation pursuant to this Paragraph to
the performers with the nationality of the Republic
of Korea.
(2) Paragraphs (5) to (9) of Article 25 shall apply mutatis mutandis to the payment of
compensation, etc. pursuant to Paragraph
(1).
(3) The amount of compensation which the organization as referred to in Paragraph (2) may
claim on behalf of the compensation right
holder shall be determined each year by the
agreement between the organization and the broadcasting organization.
(4) If the organization
and the broadcasting organization fail to reach an agreement as
prescribed pursuant to Paragraph (3), the organization or the broadcasting
organization may
request conciliation to the Korea Copyright Commission in accordance under Article 112 with
the conditions as
prescribed by Presidential Decree.
(2) Paragraphs (5) to (9) of Article 25 shall apply mutatis mutandis to payment of compensation,
etc. according to Paragraph (1).
(3) The amount of compensation which the organization as referred to in Paragraph (2) may
claim on behalf of the compensation right
holder shall be determined each year by the
agreement between the organization and the digital sound transmission organization within
a
certain period of time set forth by Presidential Decree.
(4) In cases where the organization and the digital sound transmission
organization fail to reach
an agreement as prescribed pursuant to Paragraph (3), the amount determined and notified by
the Minister
of Culture, Sports and Tourism shall be paid.
Article 77 (Joint Performers) (1) If two or performers perform jointly in a chorus, concert, or
drama, etc., the rights of performers
(excluding the moral rights of performers) as prescribed
under this Section shall be exercised by a representative elected by the
joint performers:
provided that if such a representative is not elected, the conductor, director, etc. shall exercise
the rights.
(2) In exercising the rights of performers in accordance with Paragraph (1), if a solo vocalist or a
solo instrument player participated
in the performance, the consent of such vocalist or
instrument player shall be obtained.
(3) Article 15 shall apply mutatis mutandis to the exercise of the moral rights of joint performers.
SECTION 3. RIGHTS OF PRODUCERS
OF PHONOGRAMS
Article 78 (Right of Reproduction) Producers of phonograms shall have the right to reproduce
their phonograms.
Article 79 (Right of Distribution) Producers of phonograms shall have the right to distribute
their phonograms unless the reproductions
of the phonograms are offered for transaction by
means of selling, etc. with the authorization of the producers.
Article 80 (Right
of Rental) Notwithstanding the proviso of Article 79, producers of
phonograms shall have the right to rent a commercial phonogram
for profit-making purposes.
Article 81 (Right of Interactive Transmission) Producers of phonograms shall have the right
to transmit
their phonograms in an interactive manner.
Article 82 (Compensation by Broadcasting Organizations to Producers of Phonograms)
(1)
If a broadcasting organization makes a broadcast using commercial phonograms, it shall
pay reasonable compensation to the producers
of the phonograms: provided that this shall not
apply to producers of phonograms who are foreigners whose countries do not admit
the
compensation pursuant to this Paragraph to producers of phonograms with the nationality of the
Republic of Korea.
(2) Paragraphs (5) to (9) of Article 25 and Paragraphs (3) and (4) of Article 75 shall apply
mutatis mutandis to the payment and
amount of compensation, etc. according to Paragraph (1)
Article 83 (Compensation by Digital Sound Transmission Organizations to
Producers of
Phonograms) (1) If a digital sound transmission organization transmits by using phonograms, it
shall pay reasonable
compensation to the producers of the phonograms.
(2) Paragraphs (5) to (9) of Article 25 and Paragraphs (3) and (4) of Article 76
shall apply
mutatis mutandis to the payment and amount of compensation, etc. pursuant to Paragraph (1).
Article 83-2 (Compensation
by Parties Doing Public Performances Using Commercial
Phonograms to Producers of Phonograms) (1) A party doing a public performance
using a
commercial phonogram shall pay reasonable compensation to the producer of the phonogram:
provided that this shall not apply
to producers of phonograms who are foreigners whose
countries do not admit the compensation pursuant to this Paragraph to producers
of
phonograms with the nationality of the Republic of Korea.
(2) Paragraphs (5) to (9) of Article 25 and Paragraphs (3) and (4)
of Article 76 shall apply
mutatis mutandis to the payment and amount of compensation, etc. according to Paragraph (1).
[This Article
added on March 25, 2009]
SECTION 4. RIGHTS OF BROADCASTING ORGANIZATIONS
Article 84 (Right of Reproduction) Broadcasting organizations shall have the right to
reproduce their broadcasts.
Article 85 (Right of Simultaneous Relay) Broadcasting organizations shall have the right to
relay their broadcasts simultaneously.
SECTION 5. PROTECTION PERIOD OF NEIGHBORING RIGHTS
Article 86 (Protection Period) (1) The protection period of neighboring rights
(excluding moral
rights of performers; hereinafter the same shall apply.) shall commence from the date that falls
under any of
following:
1. When the performance took place, for performances;
2. When the first fixation of sounds was made, for phonograms; and
3. When the broadcast was made, for broadcasts.
(2) Neighboring rights shall continue to subsist for a period of 50 years from the
beginning of the
year following the date:
1. When the performance took place, for performances;
2. When the phonogram was published, for phonograms: provided that if it has not been made
public until the lapse of fifty years
following the first fixation, it shall be when the first fixation of
sounds was made; and
3. When the broadcast was made, for broadcasts.
SECTION 6. LIMITATIONS TO, TRANSFER BY ASSIGNMENT, EXERCISE, ETC. OF
NEIGHBORING
RIGHTS
Article 87 (Limitations to Neighboring Rights) (1) Articles 23 and 24, Paragraphs (1) to (3) of
Article 25, Articles 26 to 32, Paragraph
(2) of Article 33, and Articles 34, 36 and 37 shall apply
mutatis mutandis to the exploitation of performances, phonograms, or broadcasts
which are the
objects of neighboring rights.
Article 90 (Registration of Neighboring Rights) Articles 53 through 55 and Article 55-2 shall
apply mutatis mutandis to the registration
of neighboring rights. In such cases, the term
"copyright register" in Article 55 shall read as "neighboring rights register."
CHAPTER 4. PROTECTION OF DATABASE PRODUCERS
Article 91 (Databases under Protection) (1) Any database of a person who falls under any of
the following categories shall be protected
under this Act:
1. Nationals of the Republic of Korea; and
2. Foreigners protected by treaties that the Republic of Korea has acceded to or ratified in
connection with a database protection
regime.
(2) Even if foreigners' databases are protected pursuant to foregoing Paragraph (1), their
protection under said treaties and this
Act may be correspondingly restricted if the foreigners'
countries do not protect the databases of the nationals of the Republic
of Korea.
Article 92 (Exclusion of Application) The provisions of this Chapter shall not apply to
databases which fall under any
of the following:
1. Computer programs which are used for production or renewal, etc., or operation of
databases; and
2. Databases produced or renewed in order to make wire or wireless communications
technically possible.
Article 93 (Rights of Database Producers) (1) A database producer shall retain the rights to
the reproduction, distribution, broadcasting,
or interactive transmission (hereinafter referred to
as "reproduction, etc." in this Article) of all or a material part of the appropriate
database.
(2) The individual subject matters of a database shall not be regarded as a material part of the
database as provided
in foregoing Paragraph (1): provided that even in the case of reproduction,
etc. of any individual subject matter or a part of a
database which does not constitute a material
part thereof, it shall be regarded as reproduction etc. of a material part of the
database if such
reproduction, etc. is done repetitively or systematically for a specific purpose in such a manner
that conflicts
with the common use of the database or damages the database producer's
interests.
(3) Protection under this Chapter shall not infringe upon the copyrights of the subject matters
that form constituent parts of a
database and other rights protected under this Act.
(4) Protection under this Chapter shall not extend to the subject matters that
form constituent
parts of a database.
Article 94 (Limitation on Rights of Database Producers) (1) Foregoing Articles 23, 28
through 34, 36 and 37 shall apply mutatis
mutandis to the use of a database which is the object
of the rights of a database producer.
(2) In any of the following cases, any person may reproduce, distribute, broadcast, or
interactively transmit all or a material
part of a database: provided that said provision shall not
apply in those cases where it conflicts with the general use of such
database:
1. In the case of use of a database for educational, academic, or research purposes: provided
that said provision shall not apply
in those cases where such database is used for a profit-
making purpose; and
2. In the case of use of a database for the purpose of reporting current events.
Article 95 (Protection Period) (1) Rights of a database
producer shall commence from the
date when the production of a database is completed, and continue to subsist for a period of five
years from the beginning of the year immediately following such commencement.
(2) In those cases where a considerable amount of
investment in terms of human or material
resources is made for renewal etc. of a database, the rights of a database producer in
connection with the appropriate portion of such database shall commence from the date of such
renewal etc. and continue to subsist
for a period of five years from the beginning of the year
immediately following such commencement.
Article 96 (Transfer by Assignment, Exercise, Etc., of Rights of Database Producers) The
proviso of Article 20 shall apply mutatis
mutandis to the offer of a database for transaction, the
provision of Paragraph (1) of Article 45 to the transfer by assignment
of rights of database
producers, the provision of Article 46 to the authorization to use databases, the provision of
Article 47
to the exercise of the right of pledge regarding rights of database producers, the
provision of Article 48 to the exercise of rights
of database producers in joint databases, and the
provision of Article 49 to the expiry of rights of database producers, respectively.
Article 97 (Exploitation of Databases under Statutory License) Foregoing Articles 50 and 51
shall apply mutatis mutandis to the
use of a database.
Article 98 (Registration of Rights of Database Producers) Foregoing Articles 53 through 55
and Article 55-2
shall apply mutatis mutandis to the registration of rights of database producers.
In such cases, the term "copyright register" in
Article 55 shall read as "register of rights of
database producers."
CHAPTER 5. SPECIAL PROVISIONS CONCERNING CINEMATOGRAPHIC WORKS
Article 99 (Cinematization of Works) (1) If the owner of author's
property rights authorizes a
person to cinematize his work, it shall be presumed that such authorization includes each of the
following
rights, unless provided otherwise:
1. To dramatize a work for the production of a cinematographic work;
2. To publicly present a cinematographic work for the purpose of public presentation;
3. To broadcast a cinematographic work for the purpose of broadcasting;
4. To interactively transmit a cinematographic work for the purpose of interactive transmission;
5. To reproduce and distribute a cinematographic work for its original purpose; and
6. To use the translation of a cinematographic work in the same way as applied to such
cinematographic work.
(2) If the owner of author's property rights authorizes a person to exploit his work by means of
cinematization, unless otherwise
stipulated, he may authorize, after the lapse of five years from
the date of his authorization, a cinematization of the work in
another form of cinematographic
work.
Article 100 (Rights in Cinematographic Works) (1) If a person, who has agreed with a
producer of a cinematographic work to cooperate
in the production of a cinematographic work,
obtains the copyright for such cinematographic work, it shall be presumed that the
rights
necessary for the use of such cinematographic work are transferred to the producer of such
cinematographic work, unless
provided otherwise.
(2) Author's property rights in a novel, play, work of art, or musical work used for the production
of a cinematographic work shall
not be affected by the provision of Paragraph (1).
(3) As regards the use of a cinematographic work regarding a performer who has
agreed with a
producer of such cinematographic work to cooperate for the production of such cinematographic
work, it shall be presumed
that the right of reproduction pursuant to Article 69, the right of
distribution pursuant to Article 70, the right of broadcasting
pursuant to Article 73, and the right
of interactive transmission pursuant to Article 74 are transferred to the producer of such
cinematographic work, unless provided otherwise.
Article 101 (Rights of Producers of Cinematographic Works) (1) Rights necessary for the
use of a cinematographic work, which are
transferred to the producer of a cinematographic work
from the person who has agreed to cooperate for the production of such cinematographic
work,
shall include the rights to reproduce, distribute, publicly present, broadcast, interactively transmit,
or use by other means
such cinematographic work, and may be transferred or be the object of a
pledge.
(2) Rights that are transferred to the producer of a cinematographic work from a performer shall
represent the rights to reproduce,
distribute, broadcast, or interactively transmit such
cinematographic work, and may be transferred or be the object of pledge.
CHAPTER 5-2 SPECIAL CASES CONCERNING PROGRAMS
1. Program Languages: Characters, signs and a system as a means to express a program;
2. Rules: A specific convention on the usage of programming language in a specific program;
and
3. Algorithms: A method of combining instructions and commands in a program
[This Article added on April 22, 2009]
Article 101-3 (Limitations to Author's Property Rights in Programs) (1) When falling under
any of the following Subparagraphs, programs
already made public may be reproduced or
distributed to the extent deemed necessary for the corresponding purpose: provided that
this
shall not apply if such reproduction or distribution unreasonably damages the interests of the
owner of author's property
rights in those programs in the light of the types and usage of the
programs, relative importance occupied by the reproduced portion
in the original programs,
number of copies, etc:
1. Reproduction for a trial or investigation;
2. When a person who is responsible for education at a school under the Early Childhood
Education Act, the Elementary and Secondary
Education Act, or the Higher Education Act or an
educational institution established under other acts (only those educational institutions
of which
scholastic ability is recognized for admission to higher-level schools or which grant academic
degrees) reproduces or
distributes programs to provide to his class;
3. Reproduction to be included in textbooks for the purpose of education at schools under the
Elementary and Secondary Education
Act and their equivalents;
4. Reproduction for personal use in limited places like homes (excluding cases for profit-making
purposes);
5. Reproduction or distribution for entrance examinations to schools under the Elementary and
Secondary Education Act and the Higher
Education Act and their equivalents or other
examinations or inspections of knowledge and skills (excluding cases for profit-making
purposes); and
6. Reproduction to research, study, and test the functions of a program to verify the ideas and
principles constituting the basis
of the program (This shall be limited to cases of parties with a
justifiable authority to use the program).
(2) Parties intending to include a program in textbooks under Subparagraph 3 of Paragraph (1)
shall pay the owner of author's property
rights compensation according to the criteria
determined and notified by the Minister of Culture, Sports and Tourism. Paragraphs
(5) to (9) of
Article 25 shall apply mutatis mutandis to payment of compensation.
[This Article added on April 22, 2009]
Article 101-4 (Decompilation of Program Codes) (1) When it is difficult to gain information
necessary for compatibility and it is
inevitable to gain such information, parties using programs
with a justifiable authority or parties acquiring permission from such
parties may decompile
program codes for parts necessary for compatibility without acquiring permission from the owner
of author's
property rights of such programs.
(2) Information gained through decompilation of program codes as prescribed in Paragraph (1)
shall not be used in any of the following
cases:
1. When using such for a purpose other than compatibility or providing to a third party; and
2. When such is used in developing, producing, and selling programs where expressions are
practically similar to the program subject
to the decompilation of program codes or infringing on
other program copyrights.
[This Article added on April 22, 2009]
Article 101-5 (Reproduction for Keeping by a Legitimate User, Etc.) (1) Parties which own
and use reproductions of programs with
justifiable authority may reproduce the reproductions to
the extent necessary to protect against destruction, damage, degradation,
etc. of such
reproductions.
(2) When parties which possess and use reproductions of a program lose the right to possess
and use such reproductions, they shall
destroy reproductions made pursuant to Paragraph (1)
in the absence of any intention of the owner of author's property rights of
the program to the
contrary: provided that this shall not apply if the right to own and use program reproductions is
lost due to
loss of such reproductions.
[This Article added on April 22, 2009]
Article 101-6 (Exclusive Publication Rights of Programs) (1) The owner of author's property
rights of a program may establish a
right for a person to exclusively reproduce, distribute, or
interactively transmit the work (hereinafter referred to as "exclusive
publication right of a
program").
(2) The person for whom the exclusive publication right of a program (hereinafter referred to as
"owner of the exclusive publication
right of a program") pursuant to Paragraph (1) has been
established shall have the right to exercise the exclusive publication right
of a program to the
extent prescribed by the contract of establishment.
(3) If the right of pledge is established on the right
of reproduction of a program, the owner of
author's property rights of the program may establish the exclusive publication right
of a
program only with the authorization of the owner of the right of pledge.
(4)The owner of the exclusive publication right of
a program shall not establish the right of
pledge on the exclusive publication right of a program or transfer by assignment such
to a third
party without the consent of the owner of author's property rights of the program.
(5) The exclusive publication right
of a program shall continue to subsist for a period of three
years from the date of making the contract of establishment, unless
there is a special
agreement.
(6) Articles 54, 55, and 55-2 shall apply mutatis mutandis to the registration of the exclusive
publication right of a program.
[This Article added on April 22, 2009]
Article 101-7 (Program Escrow) (1) The owner of author's property rights of a program and a
party authorized to exploit the program
may by reaching agreement with a party designated by
Presidential Decree (hereinafter referred to as "depositee" in this Article)
deposit the source
code and technical information of the source code of the program and technical information, etc.
to the depositee.
(2) A party authorized to exploit the program may demand the depositee provide the source
code of the program and technical information,
etc. when one of the reasons set forth under the
agreement of Paragraph (1) occurs.
[This Article added on April 22, 2009]
CHAPTER 6 LIMITATION ON THE LIABILITY OF ONLINE SERVICE PROVIDERS
Article 102 (Limitation on the Liability of Online Service Providers)
(1) In connection with
the provision of services by an online service provider related to reproduction or interactive
transmission
of works, etc., the liability of such online service provider for infringement by other
persons on copyrights or other rights protected
pursuant to this Act may be reduced or waived in
those cases where such online service provider prevents or stops reproduction or
transmission
thereof when made aware that copyrights or other rights protected pursuant to this Act would be
infringed upon due
to the reproduction or interactive transmission of works, etc. by the other
persons.
(2) In connection with the provision of services by an online service provider related to
reproduction or interactive transmission
of works, etc., such online service provider's liability for
infringement by other persons on copyrights or other rights protected
pursuant to this Act shall
be waived in those cases where such online service provider attempts to prevent or stop
reproduction
or interactive transmission thereof when made aware that copyrights or other rights
protected under this Act would be infringed
upon due to the reproduction or interactive
transmission of works, etc. by the other persons, but it is technically impossible to
do so.
Article 103 (Discontinuation of Reproduction or Interactive Transmission) (1) Any person
who claims that his copyrights
or other rights protected under this Act are infringed upon due to
the reproduction or interactive transmission of works, etc. by
the use of services provided by an
online service provider (hereinafter referred to as "claimant" in this Article) may request such
online service provider to cease the reproduction or interactive transmission of such works, etc.
after providing evidence for
such fact.
(2) In those cases where it is requested to stop reproduction or interactive transmission
pursuant to foregoing Paragraph (1), an
online service provider shall immediately stop the
reproduction or interactive transmission of such works, etc. and give notice
thereof to the
person who reproduces or interactively transmits such works, etc. (hereinafter referred to as
"reproducer/interactive
transmitter") and the claimant of such request.
(3) In those cases where a reproducer/interactive transmitter, who is notified pursuant
to
foregoing Paragraph (2), proves that his reproduction or interactive transmission is based on
legitimate rights and requests
resumption of the reproduction or interactive transmission of
works, etc., the online service provider shall promptly notify the
claimant of such request for
resumption and a scheduled date of resumption, and resume the reproduction or interactive
transmission
on such scheduled date.
(4) An online service provider shall designate a person who will be responsible for receiving
requests to stop or resume reproduction
or interactive transmission pursuant to foregoing
Paragraphs (1) and (3) (hereinafter referred to as "receiver" in this Article)
and make a public
announcement thereof to allow those who use his facilities or services to easily have knowledge
thereof.
(5) In those cases where an online service provider makes a public announcement pursuant to
foregoing Paragraph (4), and stops or
resumes the reproduction or interactive transmission of
works, etc. pursuant to foregoing Paragraphs (2) and (3), such online service
provider's liability
for the infringement by other persons on copyrights and other rights protected under this Act as
well as the
damages incurred upon the reproducer/interactive transmitter may be reduced or
waived: provided that said provision shall not apply
to any liability incurred from the time when
such online service provider gains knowledge of the fact that copyrights and other
rights
protected under this Act are infringed upon due to reproduction or interactive transmission of
works, etc. by other persons
to the time when a request to stop reproduction or interactive
transmission pursuant to foregoing Paragraph (1) is made.
(6) Any
person who requests that the reproduction or interactive transmission of works, etc. be
stopped or resumed in accordance with foregoing
Paragraphs (1) and (3) without any legitimate
rights shall make compensation for any damages incurred thereby.
(7) The matters
necessary for provision of evidence, suspension, notification, resumption of
reproduction or interactive transmission, designation
of a receiver of notices, public
announcement, etc. pursuant to foregoing Paragraphs (1) to (4) shall be set forth by
Presidential
Decree. In such case, the Minister of Culture, Sports and Tourism shall engage in
prior consultation with the heads of the appropriate
central administrative authorities.
Article 104 (Liability, Etc. of Special Types of Online Service Providers) (1) Online service
providers whose main purpose is to
enable different people to interactively transmit works, etc.
among themselves by computers (hereinafter referred as "special types
of online service
providers") shall take necessary measures such as technological measures for intercepting
illegal interactive
transmission of works, etc. upon the requests of rights holders. In such cases,
matters related to requests of rights holders and
necessary measures shall be set forth by
Presidential Decree.
(2) The Minister of Culture, Sports and Tourism may determine and notify the scope of special
types of online service providers
in accordance with Paragraph (1).
CHAPTER 7. COPYRIGHT MANAGEMENT SERVICES
Article 105 (Permit, Etc. for Copyright Management Services) (1) Any person who intends to
engage in copyright trust services shall
obtain a permit from the Minister of Culture, Sports and
Tourism as prescribed by Presidential Decree, and any person who intends
to engage in
copyright agency or brokerage services shall report to the Minister of Culture, Sports and
Tourism as prescribed by
Presidential Decree.
1. Consist of the rights holders with regard to works, etc.;
2. Not be for purpose of profit making; and
3. Have ample capability to carry out its duties including collecting and distributing royalties.
(3) Any person falling under any
of the following categories shall not be eligible for copyright
trust services or copyright agency or brokerage services (hereinafter
referred to as "copyright
management services") under Paragraph (1):
1. Any person who has no competence or who has limited competence as declared by a court;
2. Any person whose legal capacity has not been rehabilitated following the declaration of
bankruptcy;
3. Any person for whom one year has not passed following the execution of criminal penalties of
a fine or more severe punishment,
or the final decision to suspend the execution of a sentence
for violation of this Act, or who is on probation following a suspended
sentence;
4. Any person who has no domicile in the Republic of Korea; and
5. Any legal person or organization in which a person falling under any of foregoing
Subparagraphs 1 to 4 is the representative or
a member of the board.
(4) Any person who has obtained a permit for copyright management services in accordance
with Paragraph
(1) (hereinafter referred to as "copyright management service provider") may
collect fees for his services from the owner of author's
property rights or other interested
persons.
(5) The rate and amount of fees as prescribed under Paragraph (4) and the rate and amount of
royalties that copyright management
service providers may collect from users shall be
determined by the copyright management service providers subject to the approval
of the
Minister of Culture, Sports and Tourism: provided that this shall not apply to a person who has
reported as a copyright
agent or broker.
(7) In the case where an application for approval with regard to the rate and amount of royalties
is submitted or where the approval
for such application is made in accordance with Paragraph
(5), the Minister of Culture, Sports and Tourism shall notify the contents
thereof pursuant to
Presidential Decree.
Article 106 (Obligation of Copyright Trust Service Providers) (1) Copyright trust service
providers shall draw up quarterly lists
of works, etc. managed by them in accordance with
Presidential Decree in a book or electronic form to be offered to anyone at any
time during
business hours.
(2) When requested by a user in writing, copyright trust service providers shall, if there is no
justifiable reason not to do so,
provide information, stipulated by Presidential Decree as
necessary for concluding exploitation contracts of works, etc. managed
by the copyright trust
service providers, in writing within a reasonable period of time.
Article 107 (Claim for Perusal of Documents)
Any person who has obtained a permit to
engage in copyright trust services may claim to peruse necessary documents to estimate
royalties on works, etc. concerned against those who exploit for a profit-making purpose the
works, etc. held in trust by him. In
this case, the exploiter shall comply with the claim if there is
no justifiable reason not to do so.
Article 108 (Supervision) (1) The Minister of Culture, Sports and Tourism may demand a
copyright management service provider to
submit a report on his business concerning copyright
management services.
1. Receives fees in excess of the approved amount in accordance with the provision of
Paragraph (5) of Article 105;
2. Receives royalties in addition to the approved amount in accordance with the provision of
Paragraph (5) of Article 105;
3. Fails to submit a report as prescribed under Paragraph (1) of Article 108 without any
justifiable reason or makes a false report;
and
4. Receives an order as prescribed under Paragraph (2) of Article 108, but fails to fulfill the
order without any justifiable reason.
(2) The Minister of Culture, Sports and Tourism may revoke the permit for copyright
management services if a copyright management
service provider commits any of the following
acts
1. Obtains the permit by falsification or other unlawful means; and
2. Continues to do business after receiving an order of suspension under Paragraph (1).
Article 110 (Hearing) If the Minister of
Culture, Sports and Tourism intends to revoke the permit
for or orders discontinuation of copyright management services in accordance
with Paragraph
(2) of Article 109, he shall hold a hearing.
(2) In the case where the person who was imposed a surcharge in accordance with Paragraph
(1) fails to pay it by the deadline for
payment, the Minister of Culture, Sports and Tourism shall
collect said surcharge in the manner of dispositions on default of national
taxes.
(3) The surcharge collected pursuant to Paragraphs (1) and (2) may be used to establish sound
use of works by the collector.
(4) The amount of surcharges concerning the types and extent of violation which is subject to
surcharge in accordance with Paragraph
(1) and the necessary matters with respect to the
procedure of using surcharges, etc. pursuant to Paragraph (3) shall be set forth
by Presidential
Decree.
CHAPTER 8. KOREA COPYRIGHT COMMISSION
(2) The Commission shall be a legal person.
(3) The provisions about incorporated foundations under the Civil Act shall apply mutatis
mutandis to matters about the Commission
which are not stipulated under this Act. In such case,
members of the Commission shall be regarded as directors.
(4) Persons who
do not belong to the Commission shall not use the name of the Korea
Copyright Commission.
[Whole text amended on April 22, 2009]
Article 112-2 (Organization of the Commission) (1) The Commission shall consist of twenty
or more but twenty five or fewer members
including one chairman and two vice chairmen.
(2) Members shall be commissioned by the Minister of Culture, Sports and Tourism among
persons falling under any of the following categories and the chairman and vice chairmen shall
be elected from among the members.
In this case, the Minister of Culture, Sports, and Tourism
shall ensure the number of members who represent the interests of owners
of the rights
protected under this Act and that of members who represent the interests of users of such rights
are balanced, and
may request the organizations of rights holders or users, etc. from each area
to recommend members:
1. Who holds a bachelor's or higher degree in an area related to copyrights and has experience
as an associate professor or equivalent
at a university or authorized research organization;
2. Who is qualified as a lawyer or currently holds the position as a judge or a public prosecutor;
3. Who is experienced in areas of copyrights or the culture industry as a public official at a Class
4 or higher position or an employee
at an equivalent position in a public institution;
4. Who is currently or has been a member of the board of the organizations in areas of
copyrights or the culture industry; and
5. Who has knowledge and experience in other areas related to copyrights and the culture
industry.
(3) The term of members shall be a period of three years, and the members may serve for more
than one term: provided that the term
of members who are nominated to a designated position
shall be that during which they stay on the position.
(4) If a vacancy has
occurred in the membership of the Commission, a substitute shall be
commissioned in the same manner as prescribed in accordance
with Paragraph (2) and shall
serve for the remainder of his predecessor's term. A substitute may not be commissioned if the
total
number of incumbent members is twenty or more.
(5) The Commission may set up a sub-commission for each area to effectively carry
out the
tasks of the Commission. Any decision by a sub-commission on a matter delegated by the
Commission shall be regarded as
a decision by the Commission.
[This Article added on April 22, 2009]
Article 113 (Functions) The Commission shall perform the following functions
1. To mediate and conciliate disputes;
2. To deliberate on matters concerning the rates and amounts of fees and royalties for the
copyright management service providers
prescribed under Paragraph (6) of Article 105 and
matters referred to the Commission by the Minister of Culture, Sports and Tourism
or jointly by
three or more members;
3. To establish sound use of works, etc. and promote fair use of works;
4. To engage in international cooperation to protect copyrights;
5. To conduct researches about, education in, and raise public awareness of copyrights;
6. To assist in establishing copyright policy;
7. To assist in establishing policy regarding technological protection measures and right
management information;
8. To establish and operate an information management system for provision of copyright
information;
9. To conduct appraisal on matters concerning infringements of copyrights, etc.;
10. To make recommendations for correction for online service providers and request the
Minister of Culture, Sports and Tourism to
issue corrective orders;
11. To perform duties provided for as the duties of the Commission under laws or those
delegated to the Commission; and
12. To perform other duties entrusted by the Minister of Culture, Sports and Tourism.
Article 113-2 (Mediation) (1) A party wishing
to receive mediation for a dispute may request
mediation by submitting a mediation application to the Commission.
(2) When the
Commission receives a request for mediation under Paragraph (1), the chairman
shall designate mediation member(s) from among the
members of the Commission to perform
mediation.
(3) Mediation member(s) may stop mediation when resolution of a dispute through mediation is
deemed impossible.
(4) If there is an application for conciliation according to this Act regarding a dispute under
mediation, the ongoing mediation
shall be deemed suspended.
(5) When mediation is concluded, the mediation member(s) shall write up a mediation letter and
affix
their signatures and seals to the letter along with the appropriate parties.
(6) The necessary matters regarding mediation application
and procedures shall be set forth by
Presidential Decree.
[This Article added on April 22, 2009]
Article 114 (Conciliation Division) (1) In order to effectively carry out the affairs of dispute
conciliation of the Commission,
a conciliation division consisting of either one or three or more
members, including one qualified as a lawyer, shall be established
in the Commission.
(2) The necessary matters regarding organization and administration of the conciliation division
pursuant to
Paragraph (1) shall be set forth by Presidential Decree.
Article 114-2 (Application for Conciliation, Etc.) (1) A party wishing
to receive conciliation for
a dispute may request conciliation of the dispute by submitting a conciliation application
indicating
the purpose and cause of the request to the Commission.
(2) Dispute conciliation under Paragraph (1) shall be performed by the conciliation
division
under Article 114.
[This Article added on April 22, 2009]
Article 115 (Closed Meetings) The conciliation process shall be closed in principle: provided
that the head of the conciliation
division may permit a person to attend a conciliation meeting
whom he recognizes as eligible with the consent of the persons concerned.
Article 116 (Limitation on Invoking Statements) Statements made by the persons concerned
or interested persons during the course
of conciliation shall not be invoked during the legal or
arbitration proceedings.
Article 117 (Conclusion of a Conciliation) (1) The conciliation shall be concluded by writing
the terms of agreement between the
parties in a protocol.
(2) The protocol as referred to in Paragraph (1) shall have the same effect as a judicial
conciliation,
unless it is concerned with matters which are outside the capacity of the parties to
dispose of them.
Article 118 (Expenses of Conciliation, Etc.
Article 119 (Appraisal) (1) The Commission may conduct the appraisals in any of the following
cases
1. If requested by courts, investigative institutions, etc. for the purpose of trials or investigations
to conduct the appraisals
on matters concerning infringements of copyrights, etc.; and
2. If requested by both parties in dispute conciliation to conduct the appraisals on programs,
electronic information about programs,
etc. for dispute conciliation under Article 114-2.
(2) The necessary matters concerning procedures and methods of conducting the
appraisal
pursuant to Paragraph (1) shall be set forth by Presidential Decree.
(3) If the Commission conducts the appraisal in
accordance with Paragraph (1), it may receive
appraisal fees), and the amount of fees shall be determined by the Commission.
Article
120 (Copyright Information Center) (1) In order to effectively perform the duties
prescribed in Subparagraphs 7 and 8 of Article
113, the Copyright Information Center shall be
established in the Commission.
Article 121 Deleted
Article 122 (Subsidy for Expenses, Etc.) (1) The national government may subsidize or cover
part of the expenses of the operation
of the Commission within limits of budget.
(2) An individual, a legal person, or an organization may donate money or other properties to
the Commission in order to support
the conduct or carrying out of its duties prescribed under
Subparagraphs 3, 5, and 8 of Article 113 of the Act.
(3) The donation
made pursuant to Paragraph (2) shall be managed in a separate account and
matters concerning to use of the donation shall be subject
to the approval of the Minister of
Culture, Sports and Tourism.
Article 123 (Right to Demand Cessation of Infringement, Etc.) (1) Any person who has a
copyright or other rights protected pursuant
to this Act (excluding rights to be compensated
under Articles 25, 31, 75, 76, 76-2, 82, 83, and 83-2; hereinafter the same shall
apply to this
Article.) may demand a person infringing on his rights to cease such act and demand a person
likely to infringe on
his rights to take preventive measures or to provide a security for
compensation for damages.
1. The importation into the Republic of Korea, for the purpose of distribution therein, of goods
which would constitute an infringement
of copyrights or other rights protected pursuant to this
Act if they were made in the Republic of Korea at the time of such importation;
2. The possession, for the purpose of distribution, of goods produced by any act that constitutes
an infringement of copyrights or
other rights protected under this Act (including those imported
as provided in foregoing Subparagraph 1) with the knowledge of such
infringement; and
3. The use for business of copies of a program produced by infringing on the copyright of the
program (including imported objects
under Subparagraph 1) by a party who acquired it with the
knowledge of such infringement.
(2) Any act of providing, manufacturing, importing, transferring, lending, or interactively
transmitting technologies, services,
products, devices, or components thereof for the primary
purpose of circumventing technological protection measures for copyrights
or other rights
protected pursuant to this Act by such means as eliminating, modifying, or bypassing such
technological protection
measures without legitimate rights to do so shall be deemed an
infringement of copyrights or other rights protected pursuant to
this Act.
(3) Any act conducted without legitimate rights with the knowledge or negligent ignorance of the
fact that an infringement
on copyrights or other rights protected pursuant to this Act is caused or
concealed that falls under any of the following shall
be deemed an infringement on copyrights or
other rights protected pursuant to this Act: provided that this paragraph shall not apply
to those
cases where such act is deemed unavoidable for technical reasons, or in the light of the nature
of works, etc. or the
purpose, manner, etc. of the use thereof:
1. Any act of intentionally eliminating, modifying, or falsely adding right management information
in an electronic format; and
2. Any act of distributing, publicly performing, publicly transmitting, or importing for the purpose
of distribution of the original
or copies of works, etc. with the knowledge of the fact that right
management information in an electronic format has been eliminated,
modified, or falsely added.
(4) Any act of using a work in a manner defaming the honor of its author shall be deemed an
infringement
of his moral rights.
Article 125 (Claim for Damages) (1) Where the owner of author's property rights or other rights
(excluding author's and performer's
moral rights) protected pursuant to this Act (hereinafter
referred to as "owner of author's property rights, etc.") claims compensation
for damages that
he sustained by the act of infringement from a person who has infringed on his rights
intentionally or negligently,
the amount of gain shall be presumed to be the amount of damages
that the owner of author's property rights, etc. sustained, if
the infringer has made a gain by his
act of infringement.
(2) Where the owner of author's property rights, etc., claims compensation for damages that he
sustained by the act of infringement
from a person who has infringed on his rights intentionally
or negligently, the amount which he would normally be entitled to receive
by exploiting his rights
may be claimed as the amount of damages sustained by the owner of author's property rights,
etc.
(3) Notwithstanding Paragraph (2), if the amount of damages that the owner of author's property
rights, etc. sustained exceeds the
amount of money as prescribed in Paragraph (2), he may
also claim the amount in excess as compensation for the damages.
(4) Any
person who infringes upon registered copyrights, publication rights, exclusive publication
rights of programs, neighboring rights,
or rights of database producers shall be presumed to
have been negligent in his act of infringement.
Article 127 (Right to Demand For Restoration of Honor, Etc.) An author or a performer may
demand a person who has infringed on his
author's or performer's moral rights intentionally or
negligently to take measures necessary to restore his honor or reputation
in return for or
together with compensation for damages.
Article 128 (Protection of Moral Interests after the Death of an Author) After the death of an
author, his bereaved family (the
surviving spouse, children, parents, grand children, grand
parents, or brothers and sisters) or the executor of his will may, under
Article 123, demand
compensation from a person who has violated or is likely to violate the provision of Paragraph
(2) of Article
14 with respect to the work concerned, or, under Article 127, demand restoration of
his honor or reputation from a person who has
infringed on author's moral rights intentionally or
by negligently, or who violated the provision of Paragraph (2) of Article 14.
Article 129 (Infringement with Respect to a Joint Work) Each author of, or each owner of
author's property rights in a joint work
shall be entitled to make, without the consent of the other
authors or owners of author's property rights, the demand prescribed
under Article 123, or
demand for compensation for damages under Article 125 to his share in a joint work against
infringement of
author's property rights.
CHAPTER 10. SUPPLEMENTARY PROVISIONS
Article 130 (Delegation and Entrustment of Authority) The Minister of Culture, Sports and
Tourism may delegate a part of the authority
pursuant to this Act to the Special Metropolitan
City Mayor and any other Metropolitan City Mayor, and the governors of Do and Special
Self-
Governing do or entrust such to the Commission or copyright related organizations, as
prescribed by Presidential Decree.
Article 132 (Fees) Anyone who applies for the particulars falling under any of the following
pursuant to this Act shall pay fees
as prescribed by the Ordinance of the Minister of Culture,
Sports and Tourism 1. A person who applies for approval for statutory license pursuant to Articles 50 to 52 (including
those cases where the provisions
herein apply mutatis mutandis in accordance with Articles 89
and 97);
2. A person who applies for registrations (including those cases where the provisions herein
apply mutatis mutandis in accordance
with Paragraph (3) of Article 63, Articles 90 and 98, and
Paragraph (6) of Article 101-6), modifications of the registered matters,
perusal of registers, and
issuance of copies of registers pursuant to Article 53 to 55; and
3. A person who applies for permission for or reports copyright management services pursuant
to Article 105.
Article 133 (Collection, Abandonment, and Deletion of Illegal Copies) (1) The Minister of
Culture, Sports and Tourism, the Special
Metropolitan City Mayor, any other Metropolitan City
Mayor, the Governors of Do and Special Self-Governing Do, or the head of the
Si/Gun and the
head of the Gu(the head of autonomous Gu may demand competent public officials collect,
abandon, or delete copies
(excluding those copies) interactively transmitted through information
and telecommunications networks) infringing on copyrights
and other rights protected pursuant
to this Act or tools, devices, information and programs that are made for the purpose of
circumventing
technological protection measures for works, etc., if they are found, in
accordance with the procedures and methods as prescribed
by Presidential Decree.
(2) The Minister of Culture, Sports and Tourism may entrust affairs as prescribed under
Paragraph (1) to an organization determined
by Presidential Decree. In this case, the persons
who engage in the affairs shall be deemed as public officials.
(4) Deleted
(5) The Minister of Culture, Sports and Tourism may establish and operate an organization
necessary for the affairs under Paragraph
(1).
(6) In the case where the provisions of Paragraph (1) to (3) conflict with the provisions of other
laws, this Act shall supersede.
1. Issuing warnings against reproducers and interactive transmitters of illegal reproductions,
etc.; and
2. Deletion or suspension of interactive transmission of illegal reproductions, etc.
(2) If a reproducer or interactive transmitter
who received three or more warnings as prescribed
under Subparagraph 1 of Paragraph (1) of this Article interactively transmits
illegal
reproductions, etc., the Minister of Culture, Sports and Tourism may order online service
providers to suspend the account
[which refers to accounts on usage rights used by online
service providers to identify and manage users (excluding email exclusive
accounts) and
includes other accounts provided by the corresponding online service providers] of the
corresponding reproducer or
interactive transmitter within a period of no more than six months
as prescribed by Presidential Decree after deliberation by the
Commission.
(3) An online service provider receiving an order as prescribed under Paragraph (2) shall notify
the corresponding
reproducer or interactive transmitter of the fact that the corresponding
account will be suspended according to Presidential Decree
within seven days before
suspending the account.
(4) If a bulletin board established on an information and telecommunications network of online
service providers (which refers to
a bulletin board that provides commercial interests or
convenience of use among those under Subparagraph 9, Paragraph (1), Article
2 of the Act on
Promotion of Information and Communications Network Utilization and Information Protection,
Etc.; hereinafter the
same shall apply.) which received three or more orders as prescribed under
Subparagraph 2 of Paragraph (1) of this Article and is
considered to seriously damage sound
use of works, etc. in light of the format of the corresponding bulletin board, the amount or
nature
of reproductions posted on it, etc., the Minister of Culture, Sports and Tourism may order online
service providers to suspend
all or part of the bulletin board service within a period of no more
than six months as prescribed by Presidential Decree after
deliberation by the Commission.
(5) An online service provider receiving an order as prescribed under Paragraph (4) shall post
the fact that service of the corresponding bulletin board will be suspended according to
Presidential Decree on the homepage of
the corresponding online service provider and the
corresponding bulletin board within ten days before suspending the service.
(6)
Within five days from receiving an order under Paragraph (1), within ten days from receiving
an order under Paragraph (2), and within
15 days from receiving an order under Paragraph (4),
online service providers shall notify the Minister of Culture, Sports and Tourism
of the
consequences of carrying out the order as prescribed by Presidential Decree.
(7) The Minister of Culture, Sports and Tourism
shall give an opportunity to submit an opinion in
advance to online service providers subject to the order under Paragraph (1),
(2), or (4),
reproducers and interactive transmitters with a direct relationship of interest with the order under
Paragraph (2),
and operators of bulletin boards under Paragraph (4). In this case, Paragraphs
(4) to (6) of Article 22 and Article 27 of the Administrative
Procedures Act shall apply mutatis
mutandis to submission of opinions.
(8) The Minister of Culture, Sports and Tourism may establish and operate an organization
necessary for the affairs under Paragraphs
(1), (2) and (4).
[This Article added on April 22, 2009]
Article 133-3 (Correction Recommendation, Etc.) (1) When investigating the information and
telecommunications networks of online
service providers and learning that illegal reproductions,
etc. are interactively transmitted, the Commission may deliberate on
such and recommend the
online service providers to take correction measures under any of the following:
1. Issuing warnings against reproducers and interactive transmitters of illegal reproductions,
etc.;
2. Deletion or suspension of interactive transmission of illegal reproductions, etc.; and
3. Suspension of the accounts of reproducers and interactive transmitters which repeatedly
interactively transmit illegal reproductions,
etc.
(2) Within five days from receiving a recommendation under Paragraphs (1) and (2) of Article 1
and within ten days from receiving
a recommendation under Paragraph (3) of Article 1, online
service providers shall notify the Commission of the consequences of carrying
out the
recommendation.
(3) If online service providers fail to follow a recommendation under Paragraph (1), the
Commission may request the Minister of
Culture, Sports and Tourism to issue an order under
Paragraphs (1) and (2) of Article 133-2.
(4) If the Minister of Culture, Sports and Tourism issues an order under Paragraphs (1) and (2)
of Article 133-2 as prescribed under
foregoing Paragraph (3), deliberation by the Commission is
not required.
[This Article added on April 22, 2009]
Article 134 (Promotion, Etc. of an Environment for Sound Use of Works
(3) Deleted
Article 135 (Donation of Author's Property Rights, Etc.) (1) The owner of author's property
rights, etc. may donate their rights
to the Minister of Culture, Sports and Tourism.
(2) The Minister of Culture, Sports and Tourism may appoint an organization which is capable of
managing the rights under works,
etc. donated by the owner of author's property rights, etc.
(3) The organization appointed pursuant to Paragraph (2) shall not exploit works, etc. for profit-
making purposes or against the
intention of the owner of author's property rights, etc.
(4) The necessary matters with respect to donation procedures, appointment
of an organization,
etc. pursuant to Paragraphs (1) and (2) shall be set forth by Presidential Decree.
CHAPTER 11. PENAL PROVISIONS
Article 136 (Crime of Infringement on Rights) (1) Any person who infringes upon author's
property rights or other property rights
protected pursuant to this Act (excluding the rights under
the provision of Article 93) by means of reproduction, public performance,
public transmission,
exhibition, distribution, rental, or production of a derivative work, may be punished by
imprisonment for
not more than five years or a fine of not more than KRW 50 million, or both.
(2) Any person, who falls under any of the following,
may be punished by imprisonment for not
more than three years or a fine of not more than KRW 30 million, or both
1. Any person who has defamed the author or performer by infringing on author's or performer's
moral rights;
2. Any person who has made registration, as provided in Articles 53 and 54, falsely (including
those cases where the provisions herein
apply mutatis mutandis in accordance with Paragraph
(3) of Article 63, Articles 90 and 98, and Paragraph (6) of Article 101-6);
3. Any person who has infringed upon a database producer's rights protected pursuant to Article
93 by means of reproduction, distribution,
broadcasting, or interactive transmission;
4. Any person who has committed an act deemed to be an infringement pursuant to Paragraph
(1) of Article 124;
5. Any person who has committed an act deemed to be an infringement pursuant to Paragraph
(2) of Article 124 in the conduct of business
or for a profit-making purpose; and
6. Any person who has committed an act deemed to be an infringement pursuant to Paragraph
(3) of Article 124 as a business or for
a profit-making purpose: provided that said provision shall
not apply to any person lacking the knowledge, by negligence, of the
fact that such act causes
or conceals infringement on copyrights or other rights protected pursuant to this Act.
Article 137 (Crime
of Unjust Publications, Etc.) Any person who falls under any of the
following may be punished by imprisonment for a term of not
more than one year or a fine of not
more than KRW 10 million 1. Any person who has made a work public under the real name or pseudonym of a person
other than the author;
2. Any person who has publicly performed or communicated to the public a performance or
distributed copies of the performance under
the real name or pseudonym of a person who is not
the actual performer;
3. Any person who has violated the provision of Paragraph (2) of Article 14;
4. Any person who has operated copyright trust services without a permit as prescribed under
Paragraph (1) of Article 105;
5. Any person who has committed an act deemed to be an infringement pursuant to Paragraph
(4) of Article 124;
6. Any person, who has interfered with the business of an online service provider by
intentionally requesting such online service
provider to stop or resume reproduction or
interactive transmission as provided in Paragraph (1) or (3) of Article 103 with the
knowledge
that he does not have the authority to do so; and
7. Any person who has violated Article 55-2 (including those cases where the provisions herein
apply mutatis mutandis in accordance
with Paragraph (3) of Article 63, Articles 90 and 98, and
Paragraph (6) of Article 101-6).
Article 138 (Crime of Failure to Indicate Sources
1. Any person who has violated Paragraph (4) of Article 35;
2. Any person who has not indicated the sources prescribed pursuant to Article 37 (including
those cases where the provisions herein
apply mutatis mutandis in accordance with Articles 87
and 94);
3. Any person who has not indicated the notice of the owner of the right of reproduction in
violation of Paragraph (3) of Article
58;
4. Any person who has violated Paragraph (2) of Article 59; and
5. Any person who has engaged in copyright agency or brokerage services without reporting as
prescribed under Paragraph (1) of Article
105, or who has continued the services after being
ordered to close the services under Paragraph (2) of Article 109.
Article 139
(Forfeiture of Reproductions made in infringement of copyrights or other rights
protected pursuant to this Act which are owned by
the infringing person, printer, distributor, or
public performer shall be forfeitured.
Article 140 (Complaints) Crimes prescribed in this Chapter shall be prosecuted only when a
party makes a complaint, except in any
of the following cases 1. In a case where a person commits an act which falls under Paragraph (1) of Article 136 and
Subparagraph 3 of Paragraph (2) of
Article 136 habitually for profit-making purposes;
2. In a case as provided in Subparagraphs 2, 5, and 6 of Paragraph (2) of Article 136,
Subparagraphs 1 through 4, 6 and 7 of Article
137, and Subparagraph 5 of Article 138; and
3. In a case where a person commits an act which falls under Subparagraph 4 of Paragraph (2)
of Article 136 for profit-making purposes
(No punishment shall be inflicted against the victim's
expressed wish in case of Subparagraph 3, Paragraph (1), Article 124.)
Article
141 (Joint Penal Provisions) If a representative of a legal person, or an agent,
employee, or other employed persons of a legal
person or an individual has committed a crime
as prescribed under this Chapter with respect to the affairs of the legal person or
the individual,
the fine prescribed under each of the Articles concerned shall be imposed on such a legal
person or an individual
in addition to the punishment of the offender: provided that this provision
shall not apply if the legal person or individual was
not idle in considerable attention and
supervision.
Article 142 (Fine for Negligence) (1) A person who fails to take necessary measures pursuant
to Paragraph (1) of Article 104 shall
be punished by a fine for negligence not exceeding KRW 30
million.
(2) A person who falls under any of the following shall be punished by a fine for negligence not
exceeding KRW 10 million 1. Person who fails to fulfill his obligations under Article 106;
2. Person who uses the name of the Korea Copyright Commission in violation of Paragraph (4)
of Article 112;
3. Person who fails to execute an order of the Minister of Culture, Sports and Tourism under
Paragraphs (1), (2) and (4) of Article
133-2; and
4. Person who fails to make a notification under Paragraph (3) of Article 133-2, make a posting
under Paragraph (5) of the same Article,
and make a notification under Paragraph (6) of the
same Article.
(3) The fine for negligence under Paragraphs (1) and (2) shall be levied and collected by the
Minister of Culture, Sports and Tourism
under the conditions as set forth by Presidential Decree.
(4) Deleted
(5) Deleted
ADDENDA
Article 1 (Date of Enforcement) This Act shall come into force three months after the date of
its promulgation.
Article 2 (Abrogation of the Computer Programs Protection Act) The Computer Programs
Protection Act shall be repealed.
Article 3 (Preparation for the Establishment of the Commission) (1) Preparations to
establish the Commission under this Act may
be conducted before the enforcement of this Act.
(2) The Minister of Culture, Sports and Tourism shall set up an establishment committee
to take
charge of duties concerning the establishment of the Commission.
(3) The establishment committee shall consist of five
or fewer members nominated by the
Minister of Culture, Sports and Tourism, and the chairman of the establishment committee shall
be the chairman of the Copyright Commission according to Article 112 of the former Copyright
Act. (4) The establishment committee
shall write articles of incorporation and have them
authorized by the Minister of Culture, Sports and Tourism before the enforcement
of this Act.
(5) The establishment committee shall make a registration of establishment for the Commission
when receiving the authorization
under Paragraph (4).
(6) Expenses necessary for the establishment of the Commission shall be borne by the national
government.
(7) The establishment committee shall hand over the duties without delay to the chairman of the
Commission after registration of
the establishment of the Commission under Paragraph (5). The
members of the establishment committee shall be regarded as discharged
when the handover
is completed.
Article 4 (Transitional Measures Concerning the Duties, Rights and Obligations, and
Employment Relationships Etc. of the Copyright
Commission and the Computer
Programs Protection Committee, Etc. (1) The duties, rights and obligations, properties, and
employees'
employment relationships of the Copyright Commission and the Computer
Programs Protection Committee pursuant to Articles 112 to
122 of the former Copyright Act and
Articles 35 to 43 of the former Computer Programs Protection Act at the time of this Act taking
effect shall be succeeded by the Korea Copyright Commission.
(2) The chairman and members of the Copyright Commission under Article
112 of the former
Copyright Act at the time of this Act taking effect shall be deemed as the chairman and
members of the Korea
Copyright Commission, and their term of office shall be reckoned from
the time when the term of the chairman and member of the former
Copyright Commission has
commenced.
Article 5 (Transitional Measures Concerning the Scope of Application) (1) This Act shall not
apply to parts of works, etc. in which
rights protected under the former Copyright Act and
Computer Programs Protection Act were expired in whole or in part and which
were not
protected by such before the enforcement of this Act.
(2) The exploitation of programs done before the enforcement of
this Act shall be subject to the
former Computer Programs Protection Act.
Article 6 (Transitional Measures Concerning the Scope of Statutory License) This Act
shall be deemed to apply to the acts under
each of the following under the former Computer
Programs Protection Act before the enforcement of this Act:
1. Statutory licenses;
2. Designation of a management agency of program copyrights;
3. Designation of a depositor and depositee of program escrow;
4. Registration of a program;
5. Registration of transfer of program copyrights;
6. Collection of illegal copies of program;
7. Correction orders and recommendations regarding illegal illegal copies of program, etc.;
8. Mediation and conciliation of disputes; and
9. Appraisal of programs
Article 7 (Transitional Measures Concerning Penal Provisions) Application of the penal
provisions of the
former Computer Programs Protection Act to the acts committed before the
enforcement of this Act shall be in accordance with the
former Computer Programs Protection
Act.
Article 8 (Amendment of Other Laws) (1) The Local Tax Act shall be amended as follows:
"Registration except for inheritance among
registrations under Article 54, Paragraph (3) of
Article 63, Articles 90 and 98 of Copyright Act" stipulated in Subparagraph 2 of
Article 143 shall
refer to "registration except for inheritance (excluding program registration) among registrations
under Article
54, Paragraph (3) of Article 63, Articles 90 and 98 of the Copyright Act," and
"registration except for inheritance among registrations
under Article 26 of the Computer
Programs Protection Act" stipulated in Subparagraph 2-2 of the same Article shall refer to
"program
registration under Article 54 of the Copyright Act and registration except for
inheritance among registrations under Paragraph (6)
of Article 101-6."
"According to the provisions of the Copyright Act or Computer Programs Protection Act"
stipulated in Paragraph
(2) of Article 150-3 shall refer to "according to the Copyright Act."
(2) The Online Digital Contents Industry Development Act shall
be amended as follows:
"The Copyright Act or the Computer Programs Protection Act when protected by the Copyright
Act or the Computer
Programs Protection Act" stipulated in Article 21 shall refer to "the
Copyright Act when protected by the Copyright Act."
(3) The
Customs Act shall be amended as follows:
"Copyrights and neighboring rights under the Copyright Act or program copyrights under the
Computer Programs Protection Act (hereinafter
referred to as "copyrights, etc." in this Article)"
stipulated in Paragraph (1) of Article 235 shall refer to "copyrights and neighboring
rights under
the Copyright Act (hereinafter referred to as "copyrights, etc." in this Article)." "The Copyright Act
and the Computer
Programs Protection Act" stipulated in Paragraph (2) of the same Article shall
refer to "the Copyright Act."
(4) The Act on Persons to Perform the Duties of Judicial Police Officers and the Scope of Their
Duties shall be amended as follows:
Subparagraph 23-2 of Article 5 and Subparagraph 20-2 of Article 6 shall be deleted.
(5) The Act on the Capital Market and the Financial
Investment Business shall be amended as
follows:
"Copyright trust services under the Copyright Act and management services of program
copyrights under the Computer Programs Protection
Act" stipulated in Paragraph (5) of Article 7
shall refer to "copyright trust services under the Copyright Act."
Article 9 (Relation
with Other Laws) In cases where the former Computer Programs
Protection Act or its provisions were quoted in other laws at the time
of the enforcement of this
Act, those laws shall be considered as quoting this Act or the applicable provisions of this Act.
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