Copyright Act (South Korea, 2004)

Wholly Amended by Act No. 3916, Dec. 31, 1986
Amended by Act No. 4183, Dec. 30, 1989
Act No. 4268, Dec. 27, 1990
Act No. 4352, Mar. 8, 1991
Act No. 4541, Mar. 6, 1993
Act No. 4717, Jan. 7, 1994
Act No. 4746, Mar. 24, 1994
Act No. 5015, Dec. 6, 1995
Act No. 5453, Dec. 13, 1997
Act No. 6134, Jan. 12, 2000
Act No. 6881, May 27, 2003
Act No. 7233, Oct. 16, 2004

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to protect the rights of authors and the rights neighboring on them and to promote fair use of works in order to contribute to the improvement and development of culture.

Article 2 (Definitions)

The definitions of the terms used in this Act shall be as follows: ^[1][2]

1. The term "work" means a creative production belonging to the category of original literary, scientific or artistic works;

2. The term "author" means a person who creates the works;

3. The term "public performance" means a presentation of the works to the public by acting, musical playing, singing, reciting, screening or by other means, and also means a presentation of reproductions to the public by means of reviving, and includes a transmission made in the connected place under the possession of the same person;

4. The term "stage performance" means an expression of the works by acting, dancing, musical playing, singing, reciting, or by other artistic means, and includes an expression of other things than the work through a similar means;

5. The term "performer" means a person who makes the stage performances, and who conducts, directs or supervises the stage performances;

6. The term "phonogram" means a tangible object in which the sound is fixed (excluding one in which the sound is fixed along with some visual images);

7. The term "phonogram producer" means a person who has initially fixed the sound in phonograms;

8. The term "broadcasting" means a transmission of voices, sounds and images by wire or wireless communications intended for a concurrent reception by the public;

9. The term "broadcasting service provider" means a person who engages in the broadcasting business;

9-2. The term "transmission" means a transmission of the works or a provision for use by means of wire or wireless communications so as to have the public receive or use them at individually selected time and places;

10. The term "cinematographic work" means a creative production in which a series of images (regardless of whether accompanied by sound) are recorded, and which may be seen or concurrently seen and heard through a reproduction by mechanical or electronic devices;

11. The term "producer of cinematographic works" means one who plans and takes responsibility for the whole in the production of cinematographic works;

11-2. The term "works of applied art" means the artistic works that may be copied on the goods in the same shapes, and whose originality may be recognized apart from the relevant applied goods, and that include designs, etc.;

12. The term "computer program" means an object expressed in a series of instructions and orders which are directly or indirectly applied within devices having a capability of information processing, such as a computer, etc., in order to obtain specific results;

12-2. The term "compiled matters" means the collections of works, symbols, letters, voices, sounds, images and other forms of data (hereinafter referred to as the "subject matters"), but shall include the database;

12-3. The term "compilation works" means the compiled matters which are of creative nature in terms of selection, arrangement or composition of their subject matters;

12-4. The term "database" means the compiled matters whose subject matters are systematically arranged or composed, so that they may be individually approached or retrieved;

12-5. The term "producer of database" means one who has made human or physical investments considerably in the production of database, or in the renewal, verification or supplement of their subject matters (hereinafter referred to as the "renewal, etc.");

13. The term "joint works" means the works jointly created by two or more persons, and of which the portion of respective contribution may not be utilized by taking it apart;

14. The term "reproduction" means a fixing on a tangible object or a remaking into a tangible object by means of printing, photographing, copying, sound or visual recording, or other means; in the case of architectural structures, it means to carry out a construction in accordance with the models or plans for the relevant construction; and in the case of scenarios, musical scores or other similar works, it includes the sound or visual recording of a public performance, stage performance or broadcasting of the relevant works;

15. The term "distribution" means a transfer or rental of the original or its reproduction of the works to the public with or without payment;

16. The term "publication" means a reproduction and distribution of the works for the demand of the public;

17. The term "making it public" means to make the works open to the public by means of public performance, broadcasting, or exhibition and by other means, and to publish the works;

18. The term "copyright trust management business" means a business which continuously administers authors' property rights, publication rights, neighboring copyrights or their utilization rights in trust for the owners of authors' property rights, publication rights or neighboring copyrights;

19. The term "copyright agency or brokerage business" means a business which represents (excluding comprehensive agency related to its utilization) or intermediates for the owners of authors' property rights, publication rights or neighboring copyrights, with respect to the utilization of stage performances, phonograms and broadcasts which are subjects of the works or neighboring copyrights;

20. The term "technical protection measures" means the technical measures taken by a holder of right or a person who has obtained the said holder's consent, in order to effectively prevent the acts infringing on copyrights and other rights protected under this Act;

21. The term "rights management information" means the information falling under any of the following items or the numerals or symbols indicating the said information, and each information is attached to the original, or its reproductions of the works, stage performances, phonograms, broadcasting, or database (limited to the database protected by Chapter IV-2; hereafter in this subparagraph, the same shall apply), or is accompanied with its public performances, broadcasting or transmission:

(a) Information to identify the works, stage performances, phonograms, broadcasting or database;

(b) Information to identify the authors, the owners of authors' property rights, publication rights or neighboring copyrights, or the database producers; and

(c) Information relating to the means and conditions for exploitation of the works, stage performances, phonograms, broadcasting or database; and

22. The term "on-line service provider" means one who provides the services to make other persons capable of reproducing or transmitting the works, stage performances, phonograms, broadcasting or database through the information and communications networks (referring to the information and communications networks under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.).

Article 3 (Foreigners' Works)

(1) Foreigners' works shall be protected in accordance with the treaties to which the Republic of Korea has acceded or which it has ratified.^[3]

(2) Notwithstanding the provisions of paragraph (1), the works of foreigners who permanently reside in the Republic of Korea (including the foreign juristic persons having their principal office in the Republic of Korea; hereafter the same shall apply in this Article), or foreigners' works which are first made public in the Republic of Korea (including works made public in the Republic of Korea within thirty days after their making public in a foreign country) shall be protected under this Act. ^[3]

(3) Even when foreigners' works are to be protected under paragraphs (1) and (2), but if the foreign country concerned does not protect the works of the nationals of the Republic of Korea, their protection under treaties and this Act may be correspondingly restricted.

CHAPTER II AUTHORS' RIGHTS

SECTION 1 Works

Article 4 (Examples of Works)

(1) The following shall be the examples of works referred to in this Act: ^[1]

1. Novels, poems, theses, lectures, recitations, plays and other literary works;
2. Musical works;
3. Theatrical works including dramas, dances, pantomimes, etc.;
4. Paintings, calligraphic works, sculptures, crafts, works of applied art, and other artistic works;
5. Architectural works including architectural models and design drawings;
6. Photographic works including photographs and other works produced by similar methods;
7. Cinematographic works;
8. Maps, charts, design drawings, sketches, models and other diagrammatic works; and
9. Computer program works.

(2) Matters necessary for the protection of computer program works under paragraph (1) 9 shall be provided for in a separate Act.

Article 5 (Derivative Works)

(1) A creative work produced by means of translation, arrangement, alteration, dramatization, cinematization, etc. of an original work (hereinafter referred to as a "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]

(2) The protection of compilation works shall not affect the copyright of subject matters and other rights protected under this Act which form constituent parts of the relevant compilation works.^[2]

Article 7 (Works, etc. Not Protected)

No work which falls under any of the following subparagraphs shall be protected under this Act:^[1]

1. Constitution, Acts, treaties, orders, municipal ordinances and municipal rules;
2. Bulletins, public notifications, directives and others similar to them which are issued by the State or local governments;
3. Judgments, decisions, orders, or adjudications of courts, as well as resolutions and decisions made by the administrative appeals procedures, or other similar procedures;
4. Compilations or translations of those as referred to in subparagraphs 1 through 3 which are produced by the State or local governments;
5. Current news reports which transmit simple facts; and
6. Speeches delivered at an open session of courts, the National Assembly or local councils.

SECTION 2 Authors

Article 8 (Presumption of Authors, etc.)

(1) Any person who falls under any of the following subparagraphs shall be presumed to be an author:^[1]

1. A person whose full name (hereinafter referred to as a "real name") or a well-known one as his professional name, pseudonym, abbreviation, etc. (hereinafter referred to as an "alias") is indicated in a usual manner on the original works or their reproductions as the author's name; and
2. A person whose real name or well-known alias is indicated as the author in the public performance, broadcasting or transmission of a work.

(2) If a work is void of an indication of the author as prescribed under any of the subparagraphs of paragraph (1), the person who is indicated as publisher or public performer shall be presumed to have the copyright.

Article 9 (Author of Works in Organization's Name)

When a work is made by an employee engaged in the affairs of juristic person, etc. in the course of duties and which is made public under the name of relevant juristic person, etc. (hereinafter referred to as "works in organization's name") under the planning of a juristic person, an organization or other employers (hereafter referred to as "juristic person, etc." in this Article), its author shall be the relevant juristic person, etc., unless otherwise stipulated in a contract or the work regulations, etc.: Provided, That this shall not apply to the case of the work with an author's name.

Article 10 (Copyright)

(1) The author shall hold the rights under Articles 11 through 13 (hereinafter referred to as "author's moral rights") and the rights under Articles 16 through 21 (hereinafter referred to as "author's property rights").

(2) A copyright shall commence from the time of work, and shall not require a fulfillment of any procedures or formalities.

SECTION 3 Authors' Moral Rights

Article 11 (Right to Make Public)

(1) An author shall have the right to decide whether or not to make his work public.

(2) If an author has transferred under Article 41 his property rights in a work not yet made public, or authorized under Article 42 to exploit it, 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."), he shall be presumed to have given the other party his consent to make it public in the manner of 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 Author's Name)

(1) The author shall have the right to indicate his real name or alias on the original or reproduction of his work, or in making his work public.

(2) In the absence of any declaration of author's intention to the contrary, the person using his work shall indicate the author's name in accordance with the author's manner of indicating his real name or alias: Provided, That this shall not apply to the case where deemed unavoidable in the light of the nature of a work as well as the purpose and manner of its exploitation.^[1]

Article 13 (Right to Maintain Identity)

(1) The author shall have a right to maintain the identity of the content, form and title of his work.

(2) The author shall not raise an objection to a modification falling under any of the following subparagraphs: Provided, That this shall not apply to the modifications in substantial contents:

1. In the case of a work being used under Article 23, the modification of expression within the limit as deemed unavoidable for the purpose of school education;
2. Extension, rebuilding or other modifications of an architecture; and
3. Other modifications within the limit as deemed unavoidable in the light of the nature of a work as well as the purpose and manner of its exploitation.

SECTION 4 Nature, Exercise, etc., of Authors' Moral Rights

Article 14 (Inalienability of Authors' Moral Rights)

(1) Authors' 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 prejudicial to authors' moral rights if he were alive: Provided, That such act is deemed to have not defamed the honor of the author in light of the nature and extent of the act, and in view of the prevailing social norms.

Article 15 (Authors' Moral Rights in Joint Works)

(1) Authors' moral rights in a joint work may not be exercised without the unanimous agreement of all the authors concerned. In this case, each of the authors may not, in bad faith, prevent the agreement from being reached.

(2) Authors of a joint works may designate one of them as a representative in the exercise of their moral rights.

(3) Limitations imposed on the representation under paragraph (2) shall not be effective against a bona fide third person.

SECTION 5 Authors' 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 Broadcasting)

The author shall have the right to broadcast his work.

Article 18-2 (Right of Transmission)^[4]

The author shall have the right to transmit his work.

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.

Article 21 (Right of Production of Derivative Works, etc.)

The author shall have the right to produce and exploit a derivative work based on his original work, or a compilation work which is composed of his work.

SECTION 6 Limitations on Authors' Property Rights

Article 22 (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 this shall not apply to the case where such reproduction unreasonably prejudice the interests of the owner of authors' property rights in the light of the kinds of work as well as the number of copies and the forms of reproduction.

Article 23 (Use for Purpose of School Education)

(1) A work already made public may be reproduced in textbooks to the extent deemed necessary for the purpose of education at high schools, their equivalents or lower level schools.

(2) Educational institutions established by special Acts, or the Elementary and Secondary Education Act, or the Higher Education Act, or those operated by the State or local governments may perform publicly or broadcast or reproduce a work already made public to the extent deemed necessary for the purpose of education.^[5]

(3) A person who intends to exploit a work under paragraphs (1) and (2) shall pay the owner of authors' property rights compensation according to the criteria as determined by the Minister of Culture and Sports under the conditions as prescribed by the Presidential Decree, or shall deposit the same: Provided, That a public performance, broadcasting or reproduction of a work done under paragraph (2) at high schools, their equivalents or lower level schools is not obliged to pay a compensation.^{[1][6][7][8][9]}

Article 24 (Use for Current News Report)

In the case of reporting current events by means of broadcasting, newspapers or by other means, it shall be permissible to reproduce, distribute, perform publicly, broadcast or transmit a work seen or heard in the relevant courses, to the extent justified by the reporting purpose.^[1]

Article 25 (Quotations from Works Made Public)

It shall be permissible to make quotations from a work already made public, if they are within a reasonable limit for news report, criticism, education and research, etc., and compatible with fair practice.

Article 26 (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 receiving any benefit in return from audience, spectators or third persons: Provided, That this shall not apply to cases where the stage performers are paid any normal remunerations.

(2) It shall be permissible to reproduce and play for the general public any commercial phonograms or cinematographic works, if no benefit in return for the relevant public performance is received from audience or spectators: Provided, That this shall not apply to the case as prescribed by the Presidential Decree.

Article 27 (Reproduction for Private Use)

It shall be permissible for a user to reproduce by himself, without any commercial purposes, a work already made public, within the limit of is personal, family or the equivalent use: Provided, That this shall not apply to the case of reproductions by copying apparatus installed for the use by the general public.^[1]

Article 28 (Reproductions, etc. in Libraries, etc.)

(1) Libraries under the Libraries and Reading Promotion Act and the facilities as prescribed by the Presidential Decree (including the heads of relevant facilities; hereinafter referred to as "libraries, etc.") among facilities which provide books, documents, records and other materials (hereinafter referred to as "books, etc.") for the public use, may reproduce the works by utilizing books held by the relevant libraries, etc. (including the books, etc. reproduced by or transmitted to the relevant libraries, etc. under the provisions of paragraph (3), in the case of subparagraph 1) when it falls under any of the following subparagraphs: Provided, That they shall not reproduce the works in the digital forms in the cases of subparagraphs 1 and 3:^{[10][11][1][2]}

1. Where a copy of a part of the books, etc. already made public is provided one per man at the request of a user with the purpose of research and study;
2. Where it is necessary to make a self preservation of books, etc.; and
3. Where a reproduction of books, etc., which are hard to obtain due to out of print or other equivalent causes, is made and provided to other libraries, etc., at their request, for their preservation purposes.

(2) The libraries, etc. may reproduce or transmit the books, etc. held by them so as to have the users peruse them within the relevant libraries, etc. by utilizing the devices capable of processing information, such as computers (hereinafter referred to as the "computers, etc."). In this case, the number of users allowed to peruse simultaneously shall not exceed the number of copies of the books, etc. held by said libraries, etc. or of those for which a permission for use has been obtained from the person holding the copyrights and other rights protected under this Act.^[2]

(3) The libraries, etc. may reproduce or transmit the books, etc. held by them so as to have the users peruse them within other libraries, etc. by utilizing computers, etc.: Provided, That the same shall not apply in the case where the whole or part of books, etc. are published for commercial purposes, and 5 years have not passed from the date of their publication.^[12]

(4) In making any reproductions of the books, etc. under paragraph (1) 2 and those of the books, etc. under paragraphs (2) and (3), if the said books, etc. are sold in the digital forms, the libraries, etc. shall be prohibited from reproducing them in the digital forms.^[12]

(5) In cases where the libraries, etc. reproduce the books, etc. in the digital forms under paragraph (1) 1, and where they reproduce or transmit the books, etc. under paragraph (3) so as to make them perused within other libraries, etc., they shall pay the compensation money to the owner of authors' property right, or deposit it, under the standard as determined and published by the Minister of Culture and Tourism: Provided, That this shall not apply to the case of books, etc. for which the owners of authors' property right are the State, local governments or schools under Article 2 of the Higher Education Act (excluding the whole or part of books, etc. which have been published for commercial purposes). Matters necessary for the methods and procedures for paying the compensation money shall be prescribed by the Presidential Decree.^[12]

(6) In case where the libraries, etc. reproduce or transmit the books, etc. in the digital forms under paragraphs (1) through (3), they shall take necessary measures prescribed by the Presidential Decree, such as those to prevent any reproduction, in order to prevent any infringements on copyrights and other rights protected under this Act.^[12]

Article 29 (Reproduction for Examination Questions)

It shall be permissible to reproduce 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 for non-profit purposes.

Article 30 (Reproduction, etc., for Visually Handicapped, etc.)

(1) It shall be permissible to reproduce the works already made public in braille, and distribute them for the visually handicapped, etc.^[1][2]

(2) It shall be permissible for the facilities as prescribed by the Presidential Decree (including the heads of relevant facilities) from among those for the promotion of welfare of the visually handicapped, etc. to make a sound recording of the literary works already made public, for the purpose of offering it for the use by the visually handicapped, etc., but not for the profit-making purpose, or to reproduce, distribute or transmit them by the recording manner for an exclusive use by the visually handicapped, etc.^[2]

(3) The scope of the visually handicapped, etc. under the provisions of paragraphs (1) and (2) shall be prescribed by the Presidential Decree.^[12]

Article 31 (Temporary Sound or Visual Recordings by Broadcasting Service Providers)

(1) Broadcasting service providers may make the temporary sound or visual recordings of a work for the purpose of their own broadcasting and by means of their own facilities: Provided, That if the work is contrary to the intention of the owner of the broadcasting right, this shall not apply.

(2) Sound or visual recordings made under paragraph (1) may not be kept for a period exceeding one year from the date of sound or visual recording: Provided, That if they are kept as materials for public records at places as prescribed by the Presidential Decree, this shall not apply.

Article 32 (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 consent, may exhibit the work in its original form: Provided, That if the work of art is to be permanently exhibited on the street in the park, on the outside of the wall of a building, or other place open to the public, the consent of the copyright owner shall be obtained.

(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 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 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 or introducing them.

(4) A portrait or a similar photographic work produced by commission may not be used without the consent of the commissioner.^[1]

Article 33 (Use by Means of Translation, etc.)

(1) If a work is used under Article 23, 26, or 27, the work may be used by means of translation, arrangement or adaptation.

(2) If a work is used under Article 22, 24, 25, 29, or 30, the work may be used by means of translation.

Article 34 (Indication of Sources)

(1) A person who uses a work under this Section shall indicate its sources: Provided, That this shall not apply to the cases of Articles 24, 26 through 29, and 31.^[1]

(2) The indication of the sources shall be made clearly in the manner and to the extent deemed reasonable by the situation in which the work is used. If the real name or alias of the author of a work is indicated, such real name or alias shall be indicated.

Article 35 (Relationship with Authors' Moral Rights)

No provisions of this Section may be interpreted as affecting authors' moral rights.

SECTION 7 Protection Period of Authors' Property Rights

Article 36 (Principles of Protection Period)

(1) An author' property right in a work shall continue to subsist during the life time of an author and until the end of a period of fifty years after the death of the author, unless otherwise provided in this Section. An author' property right 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) Authors' property rights in a joint work shall continue to subsist for a period of fifty years after the death of the last surviving author.

Article 37 (Protection Period of Anonymous and Pseudonymous Works, etc.)

(1) An author' property right 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 right shall be deemed to have lapsed fifty years after the death of the author.^[3]

(2) The provisions of 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 as referred to in paragraph (1); and
2. Where the real name of an author is registered under Article 51 (1) during the period as referred to in paragraph (1).

Article 38 (Protection Period of Works in Name of Organization)

An author' property right in any work made public in the name of an organization 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, the author' property right shall continue to subsist for a period of fifty years after its creation.^[3]

Article 38-2 (Protection Period of Cinematographic Works)^[12]

The authors' property rights of cinematographic works shall continue to exist for 50 years from the time of being made public: Provided, That in case where they have not been made public within 50 years from the time of their creation, the said rights shall continue to exist for 50 years from the time of creation.

Article 39 (Time When Serial Publications, etc. have been Made Public)

(1) The time when a work has been made public under the proviso of Article 36 (1), 37 (1), or 38, shall be determined by making public of each volume, issue or installment in the case of works which are made public in the form of volumes, issues, or installments, or by making public of the last part in the case of works which are made public in parts in a successive manner.

(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 before the expiration of a period of three years following the making public of the preceding part.

Article 40 (Commencement of Protection Period)

The protection period of authors' property rights as prescribed under this Section shall commence from the beginning of the year following the date when the author died, the work is created, or is made public. <Amended by Act No. 6881, May 27, 2003>

SECTION 8 Transfer, Exercise and Expiry of Authors' Property Rights

Article 41 (Transfer of Authors' Property Rights)

(1) Authors' property rights may be transferred by assignment in whole or in part.

(2) Where authors' property rights are transferred by assignment in whole, the right of the production of a derivative work or compilation work as prescribed under Article 21 shall be presumed not to be included in the transfer, unless otherwise stipulated.

Article 42 (Authorization to Exploit Works)

(1) The owner of authors' property rights may grant another person authorization to exploit the work.

(2) The person who obtained such authorization under paragraph (1) shall be entitled to exploit the work in such a manner and within the limit of such conditions so authorized.

(3) The right of exploitation as authorized under paragraph (1) may not be transferred by assignment to the third party without the consent of the owner of authors' property rights.

Article 43 (Offer of Works for Transaction and Authorization of Rental of Phonograms)

(1) The original or reproduction of a work offered for transaction by means of selling with the authorization of the owner of the right of distribution may be distributed continuously.

(2) The owner of the right of distribution shall have the right, notwithstanding the provision of the paragraph (1), to authorize the rental of commercial phonograms for profit-making purposes. <Newly Inserted by Act No. 4717, Jan. 7, 1994>

Article 44 (Exercise of Pledge Right on Authors' Property Rights)

The pledge may be exercised with respect to money or the like accruing from the transfer by assignment of authors' property rights or the exploitation of the work (including remuneration for the establishment of the right of publication): Provided, That payment or delivery is preceded by the seizure of the right to receive money or the like mentioned above.

Article 45 (Exercise of Authors' Property Rights in Joint Works)

(1) Authors' property rights in a joint work may not be exercised without the unanimous agreement of all the owners of authors' property rights. Each owner of authors' property rights shall not be entitled to transfer by assignment or pledge his share of authors' 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 authors according to the degrees 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 authors' property rights in a joint work may renounce his share. In the case of renunciation or death of the owner of authors' property rights without heir, his share may be apportioned among other authors according to the ratio of their holding shares.

(4) The provisions of Article 15 (2) and (3) shall apply mutatis mutandis to the exercise of authors' property rights in a joint work. In this case, "authors' moral rights" are considered the same as "authors' property right".

Article 46 (Expiry of Author's Property Rights)

Authors' property rights shall expire in any of the following cases:

1. Where, after the author's death without heir, authors' property rights are to belong to the State according to provisions of the Civil Act and other Acts; and
2. Where, after the dissolution of a juristic person or an organization who is the owner of authors' property rights, authors' property rights are to belong to the State according to the provisions of the Civil Act and other Acts.

SECTION 9 Exploitation of Works Under Legal License

Article 47 (Exploitation of Works Whose Owner of Author's Property Rights is Unknown)

(1) Where any person fails, despite his considerable efforts which meet the criteria as prescribed by the Presidential Decree, to identify the owner of authors' property rights in a work made public, or his place of residence, and therefore is unable to obtain any authorization for its exploitation, he may exploit the work with an approval of the Minister of Culture and Sports under the conditions as prescribed by the Presidential Decree, and by depositing a compensation money under the standards as determined by the Minister of Culture and Sports.^[6][8][1]

(2) The person who exploits a work under the provision of paragraph (1) shall indicate the fact that the exploitation is made with the approval and the date when the approval is issued.

Article 48 (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 authors' property rights but failed to reach an agreement, it may broadcast the work with an approval of the Minister of Culture and Sports under the conditions as prescribed by the Presidential Decree, and by paying to the owner of authors' property rights or depositing a compensation money under the standards as determined by the Minister of Culture and Sports.^[6][8][1]

Article 49 Deleted.^[3]

Article 50 (Production of Commercial Phonograms)

If a commercial phonogram has been sold for the first time in this country and after the expiry of a period of three years from the date of first sale, and if any person who intends to produce a commercial phonogram by recording works already recorded on such phonogram has negotiated with the owner of authors' property rights but failed to reach an agreement, he may produce the phonogram with an approval of the Minister of Culture and Sports under the conditions as prescribed by the Presidential Decree, and by paying to the owner of authors' property rights or depositing a compensation money under the standards as determined by the Minister of Culture and Sports..^[6][8][1]

SECTION 10 Registration

Article 51 (Registration of Copyright)

(1) An author or an owner of authors' property rights may register any of the following subparagraphs:^[1]

1. Name, alias (limited to the use of alias at the time of making it public), nationality, address or residence of an author or an owner of authors' property rights;
2. Title, kinds or date of creation of the works;
3. Whether works made public, and the state in and date on which the works are first made public; and
4. Other matters as prescribed by the Presidential Decree.

(2) In the absence of any special intention of the author to the contrary at his death, the person designated by his will or his heir may register the items falling under any of subparagraphs of paragraph (1).<Amended by Act No. 6134, Jan. 12, 2000>

(3) Deleted.^[1]

(4) The person whose name is registered under paragraphs (1) and (2) as an author or an owner of authors' property rights shall be presumed to be the author or the owner of the registered work; and the work whose date of creation or the date of first made public is registered shall be presumed to have been first created or first made public on the date registered.^[1]

Article 52 (Registration and Effect of Changes in Rights etc.)

The following matters may be registered, and shall not be opposable to any third party without their registration:^[1]

1. Transfer by assignment of authors' property rights (except that by inheritance or other successions in general), or restrictions on the disposal of authors' property rights; and
2. Restriction on establishment, transfer, alteration, extinction or disposal of the pledge of which the object is authors' property rights.

Article 53 (Procedures, etc., for Registration)

(1) The registrations as prescribed under Articles 51 and 52 shall be made by the Minister of Culture and Tourism on the Copyright Register.^[6][8][1]

(2) The Minister of Culture and Tourism shall publish a registration gazette for the registration entered on the Copyright Register under paragraph (1), and in case where there exist applicants, he shall have them peruse the Copyright Register or deliver copies thereof.^[13]

(3) Any person who intends to apply for the registration under the provisions of paragraphs (1) and (2), the perusal of the registration gazette and the delivery of copies thereof shall pay the fees as determined by the Ordinance of the Ministry of Culture and Tourism.^[13]

(4) Matters necessary for the registration under paragraphs (1) and (2), the publication of the registration gazette, the perusal of the Copyright Register and the delivery of copies thereof shall be prescribed by the Presidential Decree.^[13]

CHAPTER III RIGHT OF PUBLICATION

Article 54 (Establishment of Right of Publication)

(1) The owner who has the right to reproduce and distribute a work (hereinafter referred to as an "owner of the right of reproduction") may establish a right of publication (hereinafter referred to as the "right of publication") for a person who intends to publish the work in writing or drawing.

(2) The person for whom the right of publication (hereinafter referred to as an "owner of the right of publication") has been established under paragraph (1) shall have the right to publish the original text of the work according to the terms of the contract of establishment.

(3) If the pledge is established on the right of reproduction of a work, the owner of the right of reproduction can establish the right of publication only with the authorization of the owner of the pledge.

Article 55 (Obligations of Owner of 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 the period of nine months from 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 the Presidential Decree.

Article 56 (Revision, Addition or Reduction of Work)

(1) If the owner of the right of publication republishes a work which is the object of its 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 republish a work which is the object his right, he shall notify the author of his intention in advance.

Article 57 (Duration, etc. of Right of Publication)

(1) The duration of the right of publication shall be a period of three years from the date of its first publication, 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 work, or publish the work by separating it from a complete collection of works or other compilation work.

Article 58 (Notification of Termination of Right of Publication)

(1) If the owner of the right of publication has not discharged his obligation prescribed under Article 55 (1) or (2), the owner of the right of reproduction may call on him to fulfill his obligation in a prescribed period of not shorter than six months. If the owner of the right of publication fails to do so during such period, the owner of the right of reproduction 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 obvious that it is impossible for the owner of the right of publication to publish the work, or 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 claim to the owner of the right of publication for restitution or compensation for damages accruing from the suspension of publication of the work.

Article 59 (Distribution of Copies of Work after Termination of Right of Publication)

After the termination of the right of publication on account of the expire of the duration of the right or other reasons, the owner of the right of publication shall not distribute copies of a 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 number of copies equivalent to such payment.

Article 60 (Transfer by Assignment of, and Limitations on, 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) The provisions of Articles 22, 23 (1) and (2), 24, 25, 27 through 30 and 32 (2) and (3) shall apply mutatis mutandis to the reproduction of works which are the object of the right of publication. In such cases, the term "owner of authors' property rights" in Article 22 shall be considered as "owner of the right of publication".

(3) The provisions of Articles 51 through 53 shall apply mutatis mutandis to the registration of the right of publication (including the registration of establishment of the right of publication). In such cases, the term "owner of the author's property right" in Article 51 shall be considered as "owner of the right of reproduction" in Article 54 or "owner of publication right", and "author's property right" in Article 52 as "right of publication", and "Copyright Register" in Article 53 as "register of the right of publication," respectively.^[1]

CHAPTER IV NEIGHBORING RIGHTS

SECTION 1 Common Provisions

Article 61 (Neighboring Rights)

Performances, phonograms and broadcasts falling under any of the following subparagraphs shall be protected as neighboring rights under this Act:^[3]

1. Stage performances:

(a) Stage performances conducted by nationals of the Republic of Korea (including juristic persons established under the Acts of the Republic of Korea, and foreign juristic persons maintaining their principal offices in the Republic of Korea; hereinafter the same shall apply);

(b) Stage performances protected under the international treaties to which the Republic of Korea has acceded or which it has ratified;

(c) Stage performances fixed in phonograms as referred to in any item of subparagraph 2; and

(d) Stage Performances transmitted by broadcasts as referred to in any item of 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; and

(c) Phonograms in which sounds have been fixed for the first time in a foreign country party to the treaties and protected under such treaties to which the Republic of Korea has acceded or which it has ratified; and

3. Broadcasts:

(a) Broadcasts made by broadcasting service providers which are nationals of the Republic of Korea;

(b) Broadcasts made from broadcasting facilities located in the Republic of Korea; and

(c) Broadcasts made by broadcastings service provider which are nationals of a foreign country party, from broadcasting facilities located in the 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.

Article 62 (Relationship with Copyright)

The provisions of the Articles in this Chapter shall not to be construed to have effects on copyright.

SECTION 2 Rights of Performers

Article 63 (Right of Reproduction)

Performers shall have the right to reproduce their stage performances.^[3]

Article 64 (Right to Broadcast Stage Performances)

Performers shall have the right to broadcast their stage performances, except those recorded with the authorization of performers.

Article 64-2 (Right to Transmit)^[14]

Performers shall have the right to transmit their stage performances.

Article 65 (Compensation by Broadcasting Service Providers to Performers)

(1) When a broadcasting service provider makes a broadcast by using commercial phonograms in which stage performances are recorded, it shall pay reasonable compensation to the performers: Provided, That this shall not apply to the performers who are foreigners.^[3]

(2) Those who are entitled to exercise the right to receive compensation as prescribed under paragraph (1) shall be an organization composed of persons who engage themselves in the business of stage performances in the Republic of Korea, and designated by the Minister of Culture and Tourism. In designating the organization, the Minister of Culture and Tourism shall obtain in advance the consent of such an organization.^[6][8][1]

(3) The organization referred to in paragraph (2) may not, on request of a person entitled to receive compensation (hereinafter referred to "right holder"), refuse to act on his behalf, on account of his non-membership to the organization, and in acting on behalf of the right holder, the organization has the authority to exercise all the judicial or non-judicial powers.

(4) The amount of compensation which the organization as referred to in paragraph (2) may claim on behalf of the right holder shall be determined each year by the agreement between the organization and the broadcasting service provider.

(5) If the organization and the broadcasting service provider fail to reach an agreement as prescribed under paragraph (4), the organization or the broadcasting service provider may request for conciliation to the Copyright Deliberation and Conciliation Committee under the conditions as prescribed by the Presidential Decree.

(6) Matters necessary for designation, etc., of the organization as prescribed under paragraph (2) shall be determined by the Presidential Decree.

Article 65-2 (Authorization of Rental of Phonograms by Performers)^[15]

(1)Performers shall have the right to authorize the rental of commercial phonograms for profit-making purposes in which his stage performances are recorded.

(2) The provisions of Article 65 (2), (3) and (6) shall apply mutatis mutandis to the exercise, etc., of the rights of performers, etc., under paragraph (1).

Article 66 (Joint Performers)

(1) If more than two performers perform jointly in a chorus, concert, or drama, etc., the 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 or director shall exercise the rights.

(2) In exercising the rights of performers under paragraph (1), if a solo vocalist or a solo instrument player participates in the stage performance, the consent of such vocalist or instrument player shall be obtained.

SECTION 3 Rights of Phonogram Producers

Article 67 (Right of Reproduction and Distribution)

Phonogram producers shall have the right to reproduce and distribute their phonograms.

Article 67-2 (Offer for Transaction and Authorization of Rental of Phonograms)^[15]

(1) The provisions of Article 43 shall apply mutatis mutandis to the distribution of phonograms and authorization of rental of commercial phonograms by phonogram producers.

(2) The provisions of Article 65 (2), (3) and (6) shall apply mutatis mutandis to the exercise, etc., of the rights of producers of phonograms under paragraph (1).

Article 67-3 (Right to Transmit)^[16]

Phonogram producers shall have the right to transmit their phonograms.

Article 68 (Compensation to Phonogram Producers by Broadcasting Service Providers)

(1) If a broadcasting service provider makes a broadcast by using commercial phonograms, it shall pay reasonable compensation to the phonograms producers: Provided, That this shall not apply to the phonograms producers who are foreigners.^[3]

(2) The provisions of Article 65 (2) through (6) shall apply mutatis mutandis to the amount of compensation and the claim procedures as prescribed under paragraph (1). In such cases, the term "stage performances" in Article 65 (2) shall be considered as "production of phonograms".

SECTION 4 RightsofBroadcasting Service Providers

Article 69 (Right of Reproduction and Simultaneous Relay)

Broadcasting service providers shall have the right to reproduce their broadcasts by means of sound or visual recording, photographing or other similar means, and the right to relay them simultaneously.

SECTION 5 Protection Period

Article 70 (Protection Period)

The protection period of neighboring rights shall come into effect from the following date and continue to subsist for a period of 50 years from the next year of such date:^[9]

1. For stage performances when the stage performance takes place;
2. For phonograms when the first fixation of sounds is made; and
3. For broadcastings when the broadcasting is made.

SECTION 6 Limitations on, Transfers by Assignment, Exercise, etc., of Rights

Article 71 (Limitations on Neighboring Rights)

The provisions of Articles 22, 23 (2), 24 through 29, 30 (2), 31, 33 and 34 shall apply mutatis mutandis to the exploitation of stage performances, phonograms or broadcastings which are the subject matter of neighboring rights.

Article 72 (Transfers by Assignment, Exercise, etc., of Neighboring Rights)

The provision of Article 41 (1) shall apply mutatis mutandis to the transfer by assignment of neighboring rights; the provisions of Article 42 to the authorization to exploit stage performances, phonograms and broadcasts; the provision of Article 44 to the right of pledge established on neighboring rights; and the provision of Article 46 to the expire of neighboring rights, respectively.^[9]

Article 72-2 (Statutory License for Use of Stage Performances, Phonograms and Broadcasting)^[4]

The provisions of Articles 47, 48 and 50 shall apply mutatis mutandis to the use of stage performances, phonograms and broadcasts. In this case, the term "works" in Articles 47, 48 and 50 shall be considered as "stage performances", "phonograms" or "broadcasts", and the term "authors' property rights" as "neighboring rights".

Article 73 (Registration of Neighboring Rights)

The provisions of Articles 51 through 53 shall apply mutatis mutandis to the registration of neighboring rights. In this case, the term "author" or "owner of author's property right" in Articles 51 and 52 shall read as "owner of neighboring rights", "works" as "stage performances", "phonograms", or "broadcasts", "creation" or "making public" as "stage performances", "fixing in phonograms" or "broadcasts", and "authors' property rights" as "neighboring rights", and "Copyright Register" in Article 53 as "register of neighboring rights."^[1]

CHAPTER IV-2 PROTECTION OFPRODUCERS OF DATABASE

Article 73-2 (Database to be Protected)^[12]

(1) The database of persons falling under any of the following subparagraphs shall be protected under this Act:

1. Nationals of the Republic of Korea; and
2. Foreigners protected by the treaties to which the Republic of Korea has acceded or which it has ratified in relation with the protection of database.

(2) Even for a foreigner's database protected under paragraph (1), if the foreigner's country does not protect the database of nationals of the Republic of Korea, the protection under the treaties and this Act may be limited proportionately therewith.

Article 73-3 (Exception from Application)^[12]

The provisions of this Chapter shall not be applicable to the database falling under any of the following subparagraphs:

1. Computer programs which are utilized for the production, renewal, etc. or operation of the database; and
2. Database which are produced or renewed, etc. in order to have wireless or wire communications technically possible.

Article 73-4 (Rights of Database Producers)^[12]

(1) Database producers shall hold the rights to reproduce, distribute, broadcast, or transmit (hereafter in this Article, referred to as the "reproduction, etc.") the whole or considerable parts of relevant database.

(2) Individual subject matters of the database shall not be considered as the considerable parts of relevant database under the provisions of paragraph (1): Provided, That even for the reproductions, etc. of individual subject matters of database or of the portions falling short of their considerable parts, if the said reproductions come into collision with the ordinary exploitation of relevant database, or infringe unduly on the benefits of database producers, by making them repeatedly or systematically for specific purposes, they shall be considered as the reproductions, etc. of the considerable parts of relevant database.

(3) Protections under this Chapter shall not affect the copyright of subject matters forming constituent parts of the database, and other rights protected under this Act.

(4) Protections under this Chapter shall not extend to the subject matters themselves forming constituent parts of the database.

Article 73-5 (Restrictions on Rights of Database Producers)^[12]

(1) The provisions of Articles 22, 25 through 31, 33 and 34 shall apply mutatis mutandis to the exploitation of database which forms the objects of rights of the producers of database. In this case, the term "works" shall be read as the "database".

(2) In case of falling under any of the following subparagraphs, any person may reproduce, distribute, broadcast or transmit the whole or considerable parts of database: Provided, That this shall not apply to the case where it is in conflict with the ordinary exploitation of relevant database:

1. Where being utilized for education, science or research: Provided, That this shall not apply to the case aiming at profit-making; and
2. Where being utilized for the news of current events.

Article 73-6 (Period of Protection)^[12]

(1) The rights of database producers shall originate from the time of completing a production of database, and shall continue to exist for 5 years reckoning from the year thereafter.

(2) In case where a considerable investment has been humanly or physically made for the renewal, etc. of database, the rights of database producers for the relevant parts shall originate from the time of making relevant renewal, etc., and shall continue to exist for 5 years reckoning from the year thereafter.

Article 73-7 (Transfer, Exercise, etc. of Rights of Database Producers)^[12]

The provisions of Article 41 (1) shall apply mutatis mutandis to the transfer of rights of database producers, those of Article 42 to the permission for database exploitation, those of Article 43 (1) to the offer of database trades, those of Article 44 to the exercise of pledge right aiming at the rights of database producers, those of Article 45 to the exercise of rights by the database producers of joint databases, and those of Article 46 to the expiry of rights of database producers, respectively. In this case, in Articles 41 (1), 42, 43 (1), and 44 through 46, the term "works" shall be read as the "database", "owners of authors' property rights" as "database producers", and "authors' property rights" as "rights of database producers".

Article 73-8 (Exploitation of Database under Legal License)^[12]

The provisions of Article 47 and 48 shall apply mutatis mutandis to the exploitation of database. In this case, in Articles 47 and 48, the term "works" shall be read as the "database", and "owners of authors' property rights" as "database producers".

Article 73-9 (Registration of Rights of Database Producers)^[12]

The provisions of Articles 51 through 53 shall apply mutatis mutandis to the registration of rights of database producers. In this case, in Articles 51 and 52, the term "authors" or "owners of authors' property rights" shall be read as the "database producers", "works" as "database", "creation" as "completion of production or renewals, etc.", "authors' property rights" as "rights of database producers", and in Article 53, the term "copyright register" shall be read as "database producers' rights register".

CHAPTER V SPECIAL CASES CONCERNING CINEMATOGRAPHIC WORKS

Article 74 (Cinematization of Works)

(1) If the owner of authors' property rights permits another person to exploit his work by means of cinematization, this permission shall be presumed to include the following rights, when there exists no special agreement:^[2]

1. To dramatize a work for the production of a cinematographic work;
2. To publicly present a cinematographic work aiming at a public presentation;
3. To broadcast a cinematographic work aiming at a broadcasting;
4. To transmit a cinematographic work aiming at a transmission;
5. To reproduce and distribute a cinematographic work for its original purpose; and
6. To exploit the translation of a cinematographic work in the same manner as the cinematographic work.

(2) If the owner of authors' property rights permits a person to exploit his work by means of cinematization, unless otherwise stipulated, he may permit, after the lapse of five years from the date of his permission, the cinematization of the work in another form of cinematographic work.

Article 75 (Rights in Cinematographic Works)

(1) In case where a producer of a cinematographic work and a person who agreed to cooperate in the production of a cinematographic work have obtained a copyright in the said cinematographic work, the rights necessary for the exploitation of such cinematographic work shall, unless there exists any special agreement, be presumed to have been transferred to the producer of the cinematographic work.^[2]

(2) The copyright in a novel, play, work of art or musical work used for the production of a cinematographic work shall not be affected by the provisions of paragraph (1).

(3) The right to reproduce under Article 63, the right to broadcast stage performances under Article 64, and the right to transmit under Article 64-2 in relation to the use of a cinematographic work of a performer who agreed with a producer of a cinematographic work to cooperate in the production of the cinematographic work shall be presumed to have been transferred to the producer of the cinematographic work, unless there exists any special agreement.^[2][17]

Article 76 (Rights of Producers of Cinematographic Works)^[2]

(1) The right necessary for the exploitation of a cinematographic work to be transferred by a person, who agreed to cooperate in the production of a cinematographic work, to a producer of a cinematographic work shall be the right to exploit the cinematographic work by means of reproduction, distribution, public presentation, broadcasting, transmission, and others, and the said producer may transfer it, or establish the pledge thereon.

(2) The right to be transferred from a performer to a producer of a cinematographic work shall be the right to reproduce, broadcast or transmit the said cinematographic work, and it may be transferred or a pledge may be established thereon.^[17]

CHAPTER V-2 RESTRICTION ON RESPONSIBILITY OF ON-LINE SERVICE PROVIDERS

Article 77 (Restriction on Responsibility of On-Line Service Providers)^[12]

(1)In case where an on-line service provider comes to know that the copyright and other rights protected under this Act are infringed due to the reproduction or transmission of the works, etc. by other persons, in connection with the provision of services related to the reproduction or transmission of the works, stage performances, phonograms, broadcasting or database (hereafter in this Chapter, referred to as the "works, etc."), and he prevents or suspends the relevant reproduction or transmission, the responsibility of on-line service providers for the infringement on the copyright of other persons and other rights protected under this Act may be mitigated or exempted.

(2)In case where an on-line service provider comes to know that the copyright and other rights protected under this Act are infringed due to the reproduction or transmission of the works, etc. by other persons, in connection with the provision of services related to the reproduction and transmission of the works, and he tries to prevent or suspend the relevant reproduction or transmission, but it is technically impossible, the responsibility of on-line service providers for the infringement on the copyright of other persons and other rights protected under this Act shall be exempted.

Article 77-2 (Suspension of Reproduction or Transmission)^[12]

(1)Any person who asserts that his copyright and other rights protected under this Act are infringed due to the reproduction or transmission of works, etc. through the utilization of services by an on-line service provider (hereafter in this Article, referred to as the "rights assertor"), may demand the on-line service provider, by vindicating the said facts, to suspend the reproduction or transmission of the works, etc.

(2)In case where there exists a demand for a suspension of the reproduction or transmission under paragraph (1), the on-line service provider shall promptly suspend the reproduction or transmission of works, etc., and notify the person who reproduces or transmits the relevant works, etc. (hereinafter referred to as the "reproducer or transmitter") of the said facts.

(3)In case where the reproducer or transmitter, who is in receipt of a notification under paragraph (2), vindicates that his reproduction or transmission is based on lawful rights, and demands a resumption of such reproduction or transmission, the on-line service provider shall promptly notify the rights assertor of the fact of demanding a resumption and the scheduled date of resumption, and shall have the reproduction or transmission resumed on the said scheduled date.

(4)The on-line service provider shall make a public notification by designating the person who is to receive a demand for a suspension of the reproduction or transmission, and for its resumption under paragraphs (1) and (3) (hereafter in this Article, referred to as the "recipient"), so as to have the persons who utilize his own facilities or services know the said person readily.

(5) In case where the on-line service provider has made a public notification under paragraph (4), and has suspended or resumed the reproduction or transmission of relevant works, etc. under paragraphs (2) and (3), the responsibility of the on-line service provider for the infringement on other persons' copyrights and other rights protected under this Act, and the responsibility of the on-line service provider for the losses incurred to the reproducer or transmitter, may be mitigated or exempted: Provided, That the provisions of this paragraph shall not apply to the responsibilities arisen from the time when the on-line service provider has known the facts that the copyright and other rights protected under this Act were infringed due to the reproduction or transmission of works, etc. by other persons to the time of demanding the suspension under paragraph (1).

(6) Any person who demands, without any lawful rights, the suspension or resumption of the reproduction or transmission of relevant works, etc. under paragraphs (1) and (3), shall make a compensation for any losses incurred thereby.

(7) Matters necessary for the vindication, suspension, notification, resumption of reproduction or transmission, designation of a recipient, and public notification, etc. under paragraphs (1) through (4) shall be prescribed by the Presidential Decree. In this case, the Minister of Culture and Tourism shall make a prior consultation with the heads of related central administrative agencies.

CHAPTER VI COPYRIGHTMANAGEMENT SERVICES

Article 78 (Permission, etc., for Copyright Management Services)

(1) Any person who intends to engage in a copyright trust management business shall obtain a permission from the Minister of Culture and Tourism under the conditions as prescribed by the Presidential Decree; and a person who intends to engage in a business as an agent or broker for copyright shall report thereon to the Minister of Culture and Tourism under the conditions as prescribed by the Presidential Decree.^[1]

(2) Any person falling under any of the following subparagraphs shall not be eligible for copyright trust management business or copyright agency or brokerage business (hereinafter referred to as "copyright management services") under paragraph (1):^[9][1]

1. Any person who has been declared in competent or quasi-incompetent by a court;
2. Any person whose legal capacity has not been rehabilitated following the declaration of bankruptcy;
3. Any person who is within one-year period 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 in the probation period following a suspended sentence;
4. Any person who has no domicile in the Republic of Korea; and
5. Any juristic person or organization in which a person falling under subparagraphs 1 through 4 is the representative or a member of the board.

(3) Any person who has obtained a permission or reported for copyright management services under paragraph (1) (hereinafter referred to as a "copyright management service provider") may collect fees for his services from the owner of authors' property rights or other interested persons.^[9]

(4) The rate and amount of fees as prescribed under paragraph (3) shall be determined by the copyright management service provider after he obtains approval from the Minister of Culture and Tourism: Provided, That this shall not apply to the person who has reported on the copyright agency or brokerage business.^[6][8][3][1]

Article 79 (Supervision)

(1) The Minister of Culture and Tourism may demand a copyright management service provider to submit a report on his business concerning copyright management services.^[6][8][1]

(2) In order to promote the protection of rights and interests of authors and the convenient use of works, the Minister of Culture and Tourism may issue necessary orders concerning copyright management services.^[6][8][1]

Article 80 (Cancellation, etc. of Permission)

(1)The Minister of Culture and Tourism may order the suspension of business for a specified period of not longer than six months, if a copyright management service provider commits any of the following acts:^[6][8][1]

1. Where he has received additional fees in excess of the approved amount in violation of the provision of Article 78 (3);
2. Where he has failed to make a report as prescribed under Article 79 (1) without any justifiable reason or he has made a false report; and
3. Where he has received an order as prescribed under Article 79 (2), but failed to fulfill the order without any justifiable reason.

(2)The Minister of Culture and Tourism may cancel the permission for, or order to close copyright management services if a copyright management service provider commits any of the following acts:^[6][8][9][1]

1. That the copyright management service provider has obtained the permission by fraudulent or unlawful means; and
2. That the copyright management service provider continues to do business after receiving an order of suspension under paragraph (1).

(3) Deleted.^[18]

Article 80-2 (Hearing)^[18]

If the Minister of Culture and Tourism intends to cancel the permit for, or order to close copyright management services pursuant to the provisions of Article 80 (2), he shall hold a hearing.^[1]

CHAPTER VII DELIBERATIONONCOPYRIGHTAND CONCILIATION OF DISPUTES

Article 81 (Copyright Deliberation and Conciliation Committee)

(1) In order to deliberate matters concerning copyright and conciliate disputes concerning the rights protected under this Act (hereinafter referred to as "disputes"), the Copyright Deliberation and Conciliation Committee (hereinafter referred to as the "Committee") shall be established.

(2) The Committee shall consists of not less than fifteen but not more than twenty deliberation and conciliation members (hereinafter referred to as "members") including one chairman and two vice chairmen.

(3) Members shall be nominated by the Minister of Culture and Tourism among those who have knowledge and experience in copyright matters and are renowned for their virtues, and the chairman and vice chairmen shall be elected from among the members.^[6][8][1]

(4) The term of the office of members shall be three years and they may be reappointed.

(5) If a vacancy occurs on the Committee, a relevant substitute member shall be appointed under paragraph (3) and the term of the office of the substitute member shall be the remaining term of his predecessor.

Article 82 (Function)

The Committee shall deliberate on the following matters, in addition to the conciliation of disputes:^[6][8][3][1]

1. Deleted;^[1]
2. Matters concerning the rate or amount of compensation for the copyright management service provider prescribed under Article 78 (3); and
3. Matters referred to the Committee by the Minister of Culture and Tourism or by three or more members jointly.

Article 83 (Conciliation Division)

In order to effectively carry out the affairs of dispute conciliation of the Committee, a conciliation division consisting of three members, including one qualified as lawyer, shall be established in the Committee.

Article 84 (Application, etc. for Conciliation)

(1) Any person who desires to refer any dispute conciliation may request a mediation of the dispute by submitting an application for mediation stating the purpose and reason for the request to the Committee.

(2) The conciliation of the disputes under paragraph (1) shall be carried out by the conciliation division as prescribed in Article 83.

(3) The Committee shall reach conciliation on the dispute within three months from the date of the application for conciliation, and if no conciliation has been reached during the said period, the conciliation shall be considered to have failed.

Article 85 (Demand for Attendance)

(1) If it is deemed necessary for the conciliation of a dispute, the Committee may demand the attendance of the person concerned, his agent or an interested person, or the submission of relevant documents.

(2) If the person concerned failed to comply with the demand for attendance prescribed under paragraph (1) without any justifiable reason, the conciliation shall be considered to have failed.

Article 86 (Conclusion of Conciliation)

(1) The conciliation shall be concluded by writing the terms of agreement between the parties on 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.

Article 87 (Failure of Conciliation)

If no agreement has been reached between the parties in a conciliation, or if the conciliation is considered to have failed under Article 84 (3) or Article 85 (2), such facts shall be stated in the protocol.

Article 88 (Expenses for Conciliation)

(1) The expenses of conciliation shall be borne by the requesting party: Provided, That if the conciliation is reached, the expenses shall be borne by both parties in equal share, unless otherwise stipulated.

(2) The amount of conciliation expenses as referred to in paragraph (1) shall be determined by the Committee.

Article 89 (Organization of Committee)

The organization and administration of the Committee, procedures of conciliation, methods of payment of conciliation expenses and other matters necessary for the operation of the Committee shall be determined by the Presidential Decree.

Article 90 (Subsidy for Expenses)

The State may subsidize the expenses necessary for the operation of the Committee within the limit of its budget.

CHAPTER VIII REMEDYFORINFRINGEMENT OF RIGHTS

Article 91 (Right of Demanding Suspension of Infringement, etc.)

(1) Any person who has the copyright or other rights protected under this Act (excluding the rights to be compensated under Articles 65 and 68, hereinafter the same shall apply to this Article) may demand of a person infringing his rights to suspend such act or demand a person likely to infringe his rights to take preventive measures or to provide a security for compensation for damages.

(2) If a person who has the copyright or other rights protected under this Act makes a demand under paragraph (1), he may demand the abandonment of the objects made by the act of infringement or other necessary measures.

(3) In the cases of paragraphs (1) and (2), or in the case where a criminal indictment under this Act has been filed, on request of a plaintiff or accuser, the court may, with or without imposing a security, issue an order to temporarily suspend the act of infringement, or seize the objects made by the act of infringement, or to take other necessary measures.

(4) In the case of paragraph (3) where a judicial decision was made that no infringement of copyright and other rights protected under this Act has been made, the applicant shall pay compensation for the damages caused by his request.

Article 92 (Act Considered to be Infringement)

(1) Any act falling under any of the following subparagraphs shall be considered to be infringement of copyright or other rights protected under this Act:^[9][1][2]

1. The importation into the Republic of Korea, for the purpose of distribution, of objects made by an act which would be an infringement of copyright or other rights protected under this Act, if they were made within the Republic of Korea at the time of such importation; and
2. The possession, for the purpose of distribution, of objects produced by an act of infringement of copyright or other rights protected under this Act (including those imported as referred to in subparagraph 1) by a person who is aware of such facts.

(2) Any acts, without any lawful rights, to furnish, produce, import, transfer, lease or transmit the technology, service, products, apparatus, or their major parts which aim mainly at incapacitating the technical protection measures for the copyright and other rights protected under this Act, such as removing, altering or detouring, etc., shall be considered as the infringement on the copyright and other rights protected under this Act.^[12]

(3) In case where any acts, without any lawful rights, committed with, or without by fault, the knowledge of facts that they induce or conceal the infringement on copyrights and other rights protected under this Act fall under any of the following subparagraphs, they shall be considered as the infringement on the copyrights and other rights protected under this Act: Provided, That this shall not apply to the cases where they are technically inevitable, or where deemed to be inevitable in the light of natures of the works, stage performances, phonograms, broadcasting or database, or the purposes or forms of their exploitations:^[12]

1. Acts by intention to remove or alter any right-management information in the electronic forms; and
2. Acts to distribute, perform publicly, broadcast or transmit, or to import for distribution, the original works of relevant works, stage performances, phonograms, broadcasting or database, or their reproductions, with the knowledge of facts that the right-management information in electronic forms has been removed or altered,

(4) An act of exploiting a work in a manner prejudicial to the honor or reputation of the author shall be considered to be an infringement of his moral rights.

Article 93 (Claim for Damages)^[1]

(1) In case where the owner of authors' property rights or other rights (excluding authors' moral rights) protected under this Act (hereinafter referred to as the "owner of authors' property rights, etc.") claims compensation against a person who has infringed his rights intentionally or by negligence for damages sustained from the relevant act of infringement, if the infringing person has gained any profit by his act of infringement, the relevant amount of profit shall be presumed to be the amount of damages sustained by the owner of authors' property rights, etc.

(2) In case where the owner of authors' property rights, etc. claims compensation against a person who has infringed his rights intentionally or by negligence for damages sustained from the relevant act of infringement, the amount corresponding to that normally gained by an exercise of such rights shall be made as the amount of damages sustained by the owner of authors' property rights, etc., and a claim therefor may be made.

(3) Notwithstanding the provisions of paragraph (2), in case where an amount of damages sustained by the owner of authors' property rights, etc., is in excess of the amount under paragraph (2), a claim for such an exceeding amount may be made.

(4) Any person who has infringed the copyright, right of publication or neighboring right which is registered shall be presumed to have made negligence in the relevant act of infringement.

Article 94 (Acknowledgement of Loss Amounts)^[2]

When the fact is admitted that some losses have been incurred, but it is difficult to compute the loss amounts under Article 93, the court may acknowledge a considerable loss amount, in the light of the purport of pleading and the results of examination on evidences.

Article 95 (Right of Demanding Restoration of Reputation, etc.)

The author may demand of the person who has infringed his moral rights intentionally or by negligence to take measures necessary for the restoration of his reputation in return for or together with compensation for damages.

Article 96 (Protection of Authors' Moral Profits after Death)

After the death of an author, his bereaved family (the surviving spouse, children, parents, grand children, grand parents, brothers and sisters of the dead author) or the executor of his will may, under Article 91, demand a person who has violated or is likely to violate the provisions of Article 14 (2) in respect of the work concerned, or, under Article 95, demand a person who has infringed authors' moral rights intentionally or by negligence, or who violated the provisions of Article 14 (2) for restoration of his reputation.

Article 97 (Infringement in Rights of Joint Work)

Each author of, or each owner of authors' property rights in, a joint work shall be entitled to make, without the consent of the other authors or owners of authors' property rights, the demand prescribed under Article 91, or demand for compensation for damages under Article 93 to his share in a joint work.

CHAPTER VIII-2 SUPPLEMENTARY PROVISIONS

Article 97-2 (Request for Perusal of Documents)^[13]

Any person who has obtained a permission for a copyright trust management business may request for a perusal of documents required for the calculation of fees for use of the relevant works, etc. to the user of the works which are managed in trust by him for the purpose of profit-making. In this case, the user shall comply with it unless there are justifiable reasons.

Article 97-3 (Entrustment of Authority)^[13]

The Minister of Culture and Tourism may, under the conditions as prescribed by the Presidential Decree, entrust to the committee his authority concerning the affairs falling under any of the following subparagraphs:^[2]

1. The approval for use of works and decision of criteria for compensation under Articles 23 (3), 28 (5), 47 (1), 48 and 50 (including the application mutatis mutandis by Article 72-2); and
2. The registration of copyright under Article 53 (including the application mutatis mutandis by Articles 60 (3) and 73).

Article 97-4 (Fiction as Public Official in Application of Penal Provisions)^[13]

The members and staff of the committee shall be considered as public officials in the application of Articles 129 through 132 of the Criminal Act.

CHAPTER IX PENAL PROVISIONS

Article 97-5 (Crime of Infringement of Rights)^[13]

Any person who has infringed the author's property right and other property rights (excluding the rights under the provisions of Article 73-4) protected under this Act by means of reproduction, public performance, broadcasting, exhibition, transmission, distribution and making a derivative work, shall be punishable by imprisonment for a term of not more than five years or a fine of not more than 50 million won, or shall be punishable by both imprisonment and a fine.^[2]

Article 98 (Crime of Infringement of Rights)

Any person who has committed any act falling under any of the following subparagraphs shall be punishable by imprisonment for a term of not more than three years or a fine of not more than 30 million won, or shall be punishable by both imprisonment and a fine:^[9][1][2]

1. Deleted;^[1]
2. Any person who has infringed authors' moral rights and defamed the honor of an author;
3. Any person who has made registration by fraudulent means under Articles 51 and 52 (including the application mutatis mutandis by Article 60 (3) or 73);
4. Any person who has infringed the rights of database producers protected under the provisions of Article 73-4 by means of reproduction, distribution, broadcasting or transmission;
5. Any person who has committed, as his business or for profit-making purpose, the acts to be considered as the infringing acts under the provisions of Article 92 (2); and
6. Any person who has committed, as his business or for profit-making purpose, the acts to be considered as the infringing acts under the provisions of Article 92 (3): Provided, That such persons shall be excluded as have failed to know by fault the fact of inducing or concealing any infringement on the copyright or rights protected under this Act.

Article 99 (Illegal Publications, etc.)

Any person who has committed any of the following acts shall be punishable by imprisonment for a term of not more than one year or a fine of not more than ten million won:^[9][1][2]

1. Any person who has made a work public under the real name or alias of a person other than the author;
2. Any person who has violated the provisions of Article 14 (2);
3. Any person who has operated a copyright trust management business without obtaining a permit under Article 78 (1);
4. Any person who has committed an act considered to be an infringement under the provisions of Article 92 (1) and (4); and
5. Any person who has obstructed the business of an on-line service provider by making a demand by intention for the suspension or resumption of a reproduction or transmission under Article 77-2 (1) or (3), while he knows that there are no lawful rights to himself.

Article 100 (Failure to Indicate Sources)^[9]

Any person who has violated any of the following subparagraphs shall be punishable by a fine of not more than five million won:^[1]

1. Any person who has violated Article 32 (4);

1-2. Any person who has not indicated the sources under Article 34 (including the application mutatis mutandis by Article 71);

2. Any person who has not indicated the notice of the owner of the right of reproduction in violation of the provisions of Article 55 (3);

2-2. Any person who has violated Article 56 (2); and

3. Any person who has engaged in a copyright agency or brokerage business without reporting under Article 78 (1), or who has continued the services after being ordered to close the services under the provisions of Article 80 (2).

Article 101 (Confiscation)

Reproductions made in violation of copyright or other rights protected under this Act which are owned by the infringing person, printer, distributor or public performer shall be confiscated.

Article 102 (Complaint)

The crimes under this Chapter shall be persecuted only when the injured party has made a complaint except the cases under subparagraphs 3 and 5 of Article 98, subparagraphs 1 through 3 and 5 of Article 99, and subparagraph 3 of Article 100.^[9][2]

Article 103 (Joint Penalties)

If a representative of a juristic person, or an agent, employee or other employed persons of a juristic person or a individual has committed a crime as prescribed under this Chapter with respect to the affairs of the juristic person or the individual, the fine prescribed under the Articles concerned shall be imposed on such a juristic person or an individual in addition to the punishment of the offender.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 1987.

Article 2 (Transitional Measures concerning Scope of Application)

(1) This Act shall not apply to those works or parts of such works in which copyright has been expired in whole or in part, and which have not been protected by the provisions of the former Act before this Act enters into force.

(2) Any work made public under the provisions of the former Act before this Act enters into force and falling under any of the following subparagraphs shall be protected under the provisions of the former Act:

1. Musical playing, singing, conducting, phonograms or sound recorded films under Article 2 of the former Act;
2. Attribution and exploitation of copyright in a joint work as prescribed under Article 12 of the former Act;
3. Attribution of copyright in a commissioned work as prescribed under Article 13 of the former Act;
4. Attribution of copyright in a photographic work as prescribed under Article 36 of the former Act; and
5. Attribution of copyright in a cinematographic work as prescribed under Article 38 of the former Act.

Article 3 (Transitional Measures concerning Protection Period of Works)

The protection period of a work which was made public before this Act enters into force and which does not fall under Article 2 (1) of Addenda shall be as follows:

1. If the protection period under the former Act is longer than that of this Act, the provisions of the former Act shall apply; and
2. If the protection period under the former Act is shorter than that of this Act, the provisions of this Act shall apply.

Article 4 (Transitional Measures concerning Alteration of Rights, etc.)

The copyright (including the established right of publication) which was created, transferred by assignment or otherwise disposed of under the provisions of the former Act shall be considered to have been created, transferred or otherwise disposed of under the provisions of this Act.

Article 5 (Transitional Measures concerning Registration of Copyright)

The registration of copyright which was made under the provisions of the former Act shall be considered to have been done under this Act.

Article 6 (Transitional Measures concerning Indication of Sources)

If a person intends to exploit a work under the provisions of Article 23 (1), he is not obliged to indicate the sources within five years from the date of enforcement of this Act, notwithstanding the provisions of Article 34 (1).

Article 7 (Transitional Measures concerning Infringement of Rights)

Any act constituting an infringement of copyright (including that of the established right of publication) under Chapter 4 of the former Act enters into force shall be redressed under the provisions of the former Act.

Article 8 (Transitional Measures concerning Penal Provisions)

The penal provisions of the former Act shall apply to the acts committed before this Act enters into force.

ADDENDA (Act No. 4183, Dec. 30, 1989)

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 6 Omitted.

ADDENDA (Act No. 4268, Dec. 27, 1990)

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 10 Omitted.

ADDENDA (Act No. 4352, Mar. 8, 1991)

Article 1 (Enforcement Date)

This Act shall enter into force one month from the date of its promulgation.

Articles 2 through 6 Omitted.

ADDENDA (Act No. 4541, Mar. 6, 1993)

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 5 Omitted.

ADDENDA (Act No. 4717, Jan. 7, 1994)

(1) (Enforcement Date) This Act shall enter into force on July 1, 1994.

(2) (Transitional Measures concerning Right of Rental) The provisions of the former Act shall apply to the rental of commercial phonograms in which a work has been included before this Act enters into force.

(3) (Transitional Measures concerning Protection Period of Neighboring Rights) The provisions of the protection period of neighboring rights under the former Act shall apply to the neighboring rights which have been created before this Act enters into force.

(4) (Transitional Measures concerning Compensation with Respect to Textbooks) If a work, that was made public in a textbook in which copyright is attributed to the Minister of Education or which is approved and sanctioned by the Minister of Education, is to be reproduced the provisions of compensation or deposit shall not apply for a period of five years from the enforcement of this Act, notwithstanding the provisions of Article 23 (3).

(5) (Transitional Measures concerning Rights in Cinematographic Work) The amended provisions of Article 75 (3) shall not be applied for a period of five years from the date when this Act enters into force.

ADDENDA (Act No. 4746, Mar. 24, 1994)

Article 1 (Enforcement Date)

This Act shall enter into force on four months after the date of its promulgation.

Articles 2 through 7 Omitted.

ADDENDA (Act No. 5015, Dec. 6, 1995)

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 1996.

Article 2 (Transitional Measures concerning Scope of Application)

This Act shall not apply to a whole or a part of a work in which copyright, etc., has been expired in whole or in part due to the expiration of the protection period under the provisions of the former Act before this Act enters into force.

Article 3 (Special Cases concerning Protection Period)

Copyrights in works of foreigners and rights of foreign performers and phonograms producers in phonograms which have been newly protected under the provisions of Articles 3 (1) and 61 respectively and which have been made public before this Act enters into force (hereinafter referred to as ???restored works, etc.???) shall continue to subsist for the remaining protection period which would have been recognized if the restored works, etc., had been protected in the Republic of Korea.

Article 4 (Transitional Measures concerning Exploitation of Restored Works, etc.)

(1) Exploitation of a restored work, etc., before this Act enters into force shall not be considered to be an act of infringement of the rights prescribed under this Act.

(2) Reproductions of a restored work, etc., which were made before January 1, 1995 may be continuously distributed by December 31, 1996.

(3) Derivative works which are based on a restored work, etc., and made before January 1, 1995 may be continuously distributed after this Act enters into force: Provided, That the right holder of the original work may demand a reasonable compensation for exploitation made after December 31, 1999.

(4) If a person has acquired, before this Act enters into force, a phonogram on sale in which a restored work, etc., is fixed, the provisions of Articles 43 (2), 65-2 and 67-2 shall not apply.

ADDENDA (Act No. 5453, Dec. 13, 1997)

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 1998. (Proviso Omitted.)

Article 2 Omitted.

ADDENDA (Act No. 6134, Jan. 12, 2000)

(1) (Enforcement Date) This Act shall enter into force on July 1, 2000.

(2) (Transitional Measures concerning Copyright Management Services) Any person who has obtained permission for a copyright management service under the previous provisions at the time of enforcement of this Act shall be deemed as the person who has obtained permission for a copyright trust management business, and any person who has reported as a copyright management service shall be deemed as the person who has reported as a copyright agent or brokerage business.

(3) (Transitional Measures concerning Penal Provisions) In the application of the penal provisions against the offences prior to the enforcement of this Act, the previous provisions shall govern.

ADDENDA (Act No. 6881, May 27, 2003)

(1) (Enforcement Date) This Act shall enter into force on July 1, 2003.

(2) (Application Example to Protection of Database) The database whose production has been completed at the time of enforcement of this Act, or for which 5 years have not passed by reckoning from the year next to that wherein its renewals, etc. were made, shall be protected under the amendments to Articles 73-2 through 73-9.

(3) (Transitional Measures for Cinematization of Works) The previous provisions of Article 74 shall govern the case where the owners of authors??? property rights have permitted other persons to make a cinematization of works prior to the enforcement of this Act.

(4) (Transitional Measures for Rights to Cinematographic Works) The previous provisions of Article 75 (1) or (3) shall govern the cases where the person, who took part in the production of cinematographic matters prior to the enforcement of this Act, has agreed with the producer of cinematographic works to cooperate in the production of cinematographic works, or where the performer has agreed to cooperate in the production of cinematographic works.

(5) (Transitional Measures for Acknowledgement of Loss Amounts) The previous provisions of Article 94 shall govern the losses incurred prior to the enforcement of this Act.

ADDENDUM (Act No. 7233, Oct. 16, 2004)

This Act shall enter into force three months after the date of its promulgation.

Notes

1. Amended by Act No. 6134, Jan. 12, 2000;
2. Amended by Act No. 6881, May 27, 2003
3. Amended by Act No. 5015, Dec. 6, 1995
4. Newly Inserted by Act No. 6152, Jan. 12, 2000
5. Amended by Act No. 6152, Jan. 12, 2000
6. Amended by Act No. 4183, Dec. 30, 1989
7. Amended by Act No. 4268, Dec. 27, 1990
8. Amended by Act No. 4541, Mar. 6, 1993
9. Amended by Act No. 4717, Jan. 7, 1994
10. Amended by Act No. 4352, Mar. 8, 1991
11. Amended by Act No. 4746, Mar. 24, 1994
12. Newly Inserted by Act No. 6881, May 27, 2003
13. Newly Inserted by Act No. 6134, Jan. 12, 2000
14. Newly Inserted by Act No. 7233, Oct. 16, 2004
15. Newly Inserted by Act No. 4717, Jan. 7, 1994
16. Newly Inserted by Act No. 7233, Oct. 16, 2004
17. Amended by Act No. 7233, Oct. 16, 2004
18. Newly Inserted by Act No. 5453, Dec. 13, 1997

Source

• Copyright Act Ministry of Government Legislation
• Copyright Act of Korea Copyright Commission