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The copyright law in the Republic
of Korea was first instated on January
28th, 1957 with article 432, and has
since been revised several times, with
the most recent revision being article
6134 on January 12th, 2000. The following
is an outline of the current copyright
law in Korea. To view in more detail,
click on the corresponding sections.
For a complete picture of the copyright
law in Korea, one can refer to the Korean
Copyright Association (http://www.copyright.or.kr). |
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| CHAPTER 1. 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. |
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| Article
2 (Definitions) |
The definitions of the
terms used in this Act shall have the
meaning as follows:
1. "Works" shall mean a creative
production belonging to the category
of original literary, scientific or
artistic works;
2. "Authors" shall mean the
persons who create works;
3. "Performances" shall mean
the presentation of a work to the public
by acting, musical playing, singing,
reciting, screening or by other means,
and include the presentation of sound
or visual recordings of performances,
broadcasts or performances to the public;
4. "Public performance" shall
mean the expression of a work by acting,
musical playing, singing, reciting,
screening or by other artistic means,
and include the expression of something
other than a work done in a similar
method;
5. "Performers" shall mean
the persons who make performances, and
who conduct, direct, or supervise performances;
6. "Phonograms" shall mean
the media in which the sound is fixed
(excluding those in which the sound
is fixed together with some visual images);
7. "Phonogram producers" shall
mean the persons who have initially
fixed the sound in phonograms;
8. "Broadcasting" shall mean
the transmission of sounds and images
by wire or wireless communication intended
for direct reception by the public (excluding
the mere amplified transmission of sounds
within the same unintercepted area);
9. "Broadcasting organizations"
shall means the persons who engage themselves
in the broadcasting business;
10. "Cinematographic works"
shall mean the creative production in
which a series of images (regardless
of whether or not accompanied by sound)
are collected, and which can be played
by means of mechanical or electronic
devices and can be seen or heard;
11. "Producers of cinematographic
works" shall mean the persons who
plan and take responsibility for the
production of a cinematographic work;
12. "Computer programs" shall
mean an expression of a series of statements
or instructions used directly or indirectly
in a computer or other devices which
have an information processing ability
in order to obtain a certain result;
13. "Joint works" shall mean
works created jointly by two or more
persons and their respective contributions
cannot be separately exploited;
14. "Reproduction" shall mean
the reproduction of works in tangible
media of expression by means of printing,
photographing, copying, sound or visual
recording or other means; in the case
of architectural works, it shall mean
to carry out a construction in accordance
with the models or plans for the construction;
and in the case of plays, musical scores
or other similar works, it shall include
the sound and visual recording of a
public performance, broadcast or performance
of a work;
15. "Distribution" shall mean
the transfer by assignment or rental
of the original or reproduction of a
work to the public with or without payment;
16. "Publication" shall mean
the reproduction and distribution of
a work for the demand of the public;
17. "Making a work public"
shall mean to make a work available
to the public by means of performance,
broadcasting, exhibition or by other
means, and to publish a work. |
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| Article
3 (Works of Foreigners) |
(1) The works of foreigners
shall be protected in accordance with
the treaties to which the Republic of
Korea has acceded or which it has ratified.
(amended by law no. 5015dec. 61995)
(2) Notwithstanding the provision of
Paragraph (1), the works of foreigners
who permanently reside in the Republic
of Korea (including the foreign legal
persons having their principal office
in the Republic of Korea, hereinafter
the same shall apply), or foreigners
works which are first published in the
Republic of Korea (including works published
in the Republic of Korea within thirty
days after their publication in a foreign
country) shall be protected under this
Act. (amended by law no. 5015dec. 61995)
(3) Even when foreigners' works are
to be protected under Paragraphs (1)
and (2), but if the foreign country
concerned do not protect the works of
the nationals of the Republic of Korea,
their protection under treaties and
this Act may be correspondingly restricted.
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| CHAPTER 2. RIGHTS OF AUTHORS |
| SECTION 1. WORKS |
| Article
4 (Examples of Works) |
(1) The following shall
be the examples of works referred to
in this Act:
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, designs,
sculptures, crafts, works of applied
art, and other artistic works;
5. Architectural works including architectural
models and plans;
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;
9. Computer program works;
(2) Matters necessary for the protection
of computer program works under Subparagraph
9 of Paragraph (1) shall be provided
for in a separate Act. |
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| Article
5 (Derivative Works) |
(1) A creation produced
by means of translation, arrangement,
alteration, dramatization, cinematization,
etc. of an original work (hereinafter
referred to as "derivative work")
shall be protected as an independent
work.
(2) The protection of a derivative work
shall not prejudice the rights of the
author of the original work. |
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| Article
6 (Compilation Works) |
(1) A compilation (including
collections of treatises, numerical
values, diagrams and other materials
which are so systematically composed
as to be retrieved by using information
processing devices) which are, by reason
of selection or arrangement of their
contents, of a creative nature (hereinafter
referred to as "compilation work")
shall be protected as an independent
work. (amended by law no. 4717jan. 71994)
(2) The protection of a compilation
work shall not prejudice the rights
of the authors in the works which form
part of the compilation work. |
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| Article
7 (Works not Protected, etc.) |
No work which falls
under any of the following Subparagraphs
shall be protected under this Act:
1. Laws and regulations;
2. Notices, public notifications, directions
and others similar to them issued by
the state or local public entities;
3. Judgments, decisions, orders, or
rulings of courts, as well as rulings
and decisions made by the administrative
appeal procedures, or other similar
procedures;
4. Compilations or translations of works
as referred to in Subparagraphs 1 to
3 which are produced by the state or
local public entities;
5. Current news reports which transmit
simple facts,
6. Speeches delivered at an open session
of courts, the National Assembly or
Local Assemblies. |
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| SECTION 2. AUTHORS |
| Article
8 (Presumption of Authorship, etc.) |
(1) Any person who falls
under any of the following Subparagraphs
shall be presumed to be an author:
1. A person whose real name (hereinafter
referred to as "real name")
or well-known pen-, stage-, or screen-name,
pseudonym, abbreviation, etc. (hereinafter
referred to as "pseudonym")
is indicated as the name of the author
in the customary manner on the original
or reproduction of a work;
2. A person whose real name or well-known
pseudonym is indicated as the author
in the performance or broadcast of a
work.
(2) If a work on which the name of the
author as prescribed under any of the
Subparagraphs of Paragraph (1) is not
indicated, the person who is indicated
as publisher or public performer, shall
be presumed to have the copyright. |
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| Article
9 (Authorship of a Work in the Name
of an Organization) |
| The authorship of a
work which, on the initiative of a legal
person, an organization, or other employer
(hereinafter referred to as "legal
person, etc."), is made by his
employee in the course of his duties
and made public under the name of such
a legal person, etc. as the author shall
be attributed to that legal person,
etc., unless otherwise stipulated in
a contract, work regulation, etc. The
work with the name of an author shall
not fall under this article. |
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| Article
10 (Copyright) |
(1) The author shall
enjoy the rights prescribed under Articles
11 to 13 (hereinafter referred to as
"authors' moral rights") and
the rights prescribed under Articles
16 to 21 (hereinafter referred to as
"authors' property rights")
(2) The copyright shall commence from
the time of completing a work regardless
of the fulfillment of any procedure
or formalities. |
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| SECTION 3. AUTHORS' MORAL RIGHTS |
| Article
11 (Right to Make Public) |
(1) The author shall
have the right to decide whether or
not to make his work public.
(2) If an author has transferred by
assignment his property rights in a
work not yet being made public under
Article 41, or authorized to exploit
under Article 42, 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.
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| Article
12 (Right to Indicate the Author's Name) |
(1) The author shall
have the right to indicate his real
name or pseudonym on the original or
reproduction of his work, or when his
work is made public.
(2) In the absence of any intention
of the author to the contrary, the person
using his work may indicate the name
of the author in the same manner as
that already adopted by the author.
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| Article
13 (Right to Preserve the Integrity) |
(1) The author shall
have the right to preserve the integrity
of the content, form and title of his
work.
(2) The author shall not make an objection
to a modification falling under any
of the following Subparagraphs; provided
that the substantial modification has
not been made.
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 forms
of alteration of an architecture;
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.
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| 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. |
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| 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 work may designate
one of them as a representative in the
exercise of their moral rights.
(3) Limitations imposed on the representation
mentioned in the preceding paragraph
(2) shall not be effective against a
bona fide third person. |
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| SECTION 5. AUTHORS' PROPERTY RIGHTS
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| Article
16 (Right of Reproduction) |
| The author shall have
the right to reproduce his work. |
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| Article
17 (Right of Public Performance) |
| The author shall have
the right to perform his work publicly.
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| Article
18 (Right of Broadcasting) |
| The author shall have
the right to broadcast his work. |
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| Article
19 (Right of Exhibition) |
| The author shall have
the right to exhibit the original or
reproduction of his work of art, etc.
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| Article
20 (Right of Distribution) |
| The author shall have
the right to distribute the original
or reproduction of his work. |
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| Article
21 (Right of the 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. |
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| SECTION 6. LIMITATIONS TO 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 such reproduction
does not unreasonably prejudice the
interests of the owner of authors' property
rights in the light of the nature of
the work as well as the number of copies
and the nature of reproduction. |
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| Article
23 (Reproduction for the Purpose of
School Education) |
(1) A work already being
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 laws, or the Education Act,
or operated by the state or local government
may broadcast or reproduce a work already
being made public to the extent deemed
necessary for the purpose of education.
(3) A person who intends to exploit
a work under Paragraphs (1) and (2)
shall pay compensation to the owner
of authors' property rights as determined
and announced officially by the Minister
of Culture and tourism according to
the criteria for compensation prescribed
under Subparagraph 1 of Article 82,
or shall deposit the same as prescribed
by the Presidential Decree. Broadcasting
or reproduction of a work done at high
schools, their equivalents or lower
level schools as prescribed under Paragraph
(2) is not obliged to pay a compensation.
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| Article
24 (Use for Current News Report) |
| In the case of reporting
current events by means of broadcasts,
films, newspapers or by other means,
it shall be permissible to reproduce,
distribute, perform publicly or broadcast
a work seen or heard in the course of
the event, to the extent justified by
the information purpose. |
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| Article
25 (Quotations from Works Made Public) |
| It shall be permissible
to make quotations from a work already
being made public; provided that they
are within a reasonable limit for news
reporting, criticism, education and
research, etc. and compatible with fair
practice. |
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| Article
26 (Public Performance and Broadcasting
for Non-profit Purposes) |
(1) It shall be permissible
to perform publicly or broadcast a work
already being made public for non-profit
purposes and without charging any fees
to audience, spectators or third persons;
provided that the performers concerned
are not paid any remuneration for such
performances.
(2) Commercial phonograms or cinematographic
works may be reproduced and played for
the public, if no admission fee is charged
to audience or spectators, except the
cases as prescribed by the Presidential
Decree. |
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| Article
27 (Reproduction for Private Use) |
| It shall be permissible
for a user to reproduce by himself a
work already being made public for the
purpose of his personal, family or other
similar uses within a limited circle.
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| Article
28 (Reproduction in Libraries, etc.) |
It shall be permissible
to reproduce a work included in materials
held by libraries as prescribed by the
Library and Book Reading Promotion Act
and other facilities prescribed by the
Presidential Decree which provide books,
documents(hereinafter referred to as
libraries, etc."), records and
other materials for the public, in the
following cases: (amended bylaw no.
4352mar. 81991 4746 241994)
1. Where, at the request of a user and
for the purpose of his own research
and study, a single copy of a part of
a work already being made public is
provided for him;
2. Where it is necessary for libraries,
etc. to reproduce for the purpose of
preserving their materials;
3. Where, at the request of other libraries,
etc., a reproduction of a work out of
print or unavailable due to other similar
reasons is made and provided to libraries,
etc. for their collection purpose. |
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| Article
29 (Reproduction for Examination Questions) |
| It shall be permissible
to reproduce a work already being 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. |
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| Article
30 (Reproduction in Braille) |
(1) It shall be permissible
to reproduce in Braille for the blind
a work already being made public.
(2) It shall be permissible to make
a sound recording of a work already
being made public for the purpose of
using such recordings by the blind at
the facilities established for the promotion
of the welfare of the blind as prescribed
by the Presidential Decree. |
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| Article
31 (Ephemeral Sound or Visual Recordings
by Broadcasting Organizations) |
(1) Broadcasting organizations
may make ephemeral sound or visual recordings
of a work for the purpose of their own
broadcasting and by the means of their
own facilities; provided that it is
not contrary to the intention of the
owner of the right of broadcasting.
(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,
unless they are kept as materials for
public records at places as prescribed
by the Presidential Decree. |
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| 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
authorization, may exhibit the works
in its original form. If the work of
art is to be permanently exhibited in
a street or park, outside 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 a
painting;
3. Where the reproduction is made in
order to exhibit permanently at an open
place, as prescribed under Paragraph
(1);
4. Where the reproduction is made for
the purpose of selling its copies.
(3) A person who exhibits works of art,
etc. under Paragraph (1), or who intends
to sell originals of works of art, etc.
may reproduce and distribute them in
a pamphlet for the purpose of explaining
and introducing them.
(4) A portrait or a similar photographic
work produced by commission may not
be exhibited or reproduced without the
consent of the commissioner. |
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| Article
33 (Use by Means of Translation, etc.) |
(1) If a work is used
under Articles 23, 26, or 27, the work
may be used by means of translation,
arrangement, or adaptation.
(2) If a work is used under Articles
22, 24, 25, 29, or 30, the work may
be used by means of translation. |
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| Article
34 (Indication of Sources) |
(1) A person who uses
a work under this section shall indicate
its sources, except the cases as prescribed
under Articles 26, 29, or 31.
(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 pseudonym of the
author of a work is indicated, such
real name or pseudonym shall be indicated.
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| Article
35 (Relationship with Authors' Moral
Rights) |
| No provisions of this
section may be interpreted as affecting
the protection of authors' moral rights.
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| SECTION 7. DURATION OF AUTHORS' PROPERTY
RIGHTS |
| Article
36 (Principles of Protection Period)
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(1) Authors' property
rights 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 an author, unless
otherwise provided in this Section.
Authors' property rights in a work which
is first being 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 being 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. |
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| Article
37 (Protection Period of Anonymous and
Pseudonymous Works) |
(1) Authors' property
rights in an anonymous or the pseudonymous
work, unless the pseudonym is widely
known, shall continue to subsist for
a period of fifty years after it has
been made public; provided that within
such period, if there are reasonable
grounds for recognizing a date fifty
years after the death of the author,
such property rights shall be deemed
to have lapsed fifty years after the
death of the author.
(amended by law no. 5015dec. 61995)
(2) The provision in Paragraph (1) shall
not apply to any of the following cases:
1. Where the real name or the well-known
pseudonym of an author is revealed during
the period as referred to in Paragraph
(1);
2. Where the real name of an author
is registered under Paragraph (1) of
Article 51 during the period as referred
to in Paragraph (1) |
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| Article
38 (Protection Period of Works in the
Name of Organization) |
| Authors' property rights
in any work being 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,
authors' property rights shall continue
to subsist for a period of fifty years
after its creation. |
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| Article
39 (The Time When Serial Publications,
etc. Have Been Made Public) |
(1) The time when a
work has been made public under the
proviso of Paragraph (1) of Article
36, Paragraph (1) of Article 37, or
Article 38, shall be determined by making
public of each volume, issue or installment
in the case of works which are being
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 being 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 being
made public shall be considered to be
the last one under the Paragraph (1)
if the next part is not being made public
before the expiration of a period of
three years following the making public
of the preceding part. |
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| Article
40 (Initial Date of Protection Period) |
| The initial date of
the protection period of authors'' property
rights as prescribed under this Section
and Article 77 shall commence from the
beginning of the year following the
date when the author died, the work
is created, or is being made public.
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| 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. |
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| 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
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
may not be transferred by assignment
to the third party without the consent
of the owner of authors' property rights.
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| 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.
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| Article
44 (Authors' Property Rights on Which
the Right of Pledge is Established)
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| The right of 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. |
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| 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 in bad faith the consent.
(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 and 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 Paragraphs (1)
and (2) of Article 15 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". |
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| 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 Law and other laws;
2. Where, after the dissolution of a
legal 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 Law and others laws. |
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| SECTION 9. EXPLOITATION OF WORKS UNDER
LEGAL LICENSE |
| Article
47 (Exploitation of Works in Which the
Owner of Author's Property Rights is
Not Known) |
(1) Where any person,
despite his considerable effort, could
not identify the owner of authors' property
rights in a work being made public,
or his place of residence and therefore
is unable to obtain the authorization
of the author for its exploitation,
he may exploit the work with the approval
of the Minister of Culture and tourism
as prescribed by the Presidential Decree,
and by depositing a sum of compensation
money fixed by the Minister of Culture
and tourism according to the criteria
for compensation as prescribed under
Subparagraph 1 of Article 82. (Amended
byLaw No. 4183Dec. 301989 4541Mar. 61993)
(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. |
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| Article
48 (Broadcasting of Works Being Made
Public) |
| Where a broadcasting
organization which intends to broadcast
a work already being 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 the approval
of the Minister of Culture and tourism
as prescribed by the Presidential Decree
and by paying to the owner of authors'
property rights or depositing a sum
of compensation money fixed by the Minister
of Culture and tourism according to
the criteria for compensation as prescribed
under Subparagraph 1 of Article 82.
|
|
|
| Article
49 Deleted. |
|
|
| Article
50 (Production of Commercial Phonograms)
|
| If a commercial phonogram
have been sold for the first time in
this country and after the expiration
of a period of three years from the
date of the first sale and if any person
who intends to produce a commercial
phonogram by recording works already
being 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 the approval of the Minister of
Culture and tourism as prescribed by
the Presidential Decree and by paying
to the owner of authors' property rights
or depositing a sum of compensation
money fixed by the Minister of Culture
and tourism according to the criteria
for compensation as prescribed under
Subparagraph 1 of Article 82. |
|
|
| SECTION 10. REGISTRATION |
| Article
51 (Registration) |
(1) The author of an
anonymous or pseudonymous work may have
his real name registered with respect
to that work, regardless of whether
he actually owns authors' property rights
.
(2) In the absence of any intention
of the author to the contrary, the person
designated by the will of the author
or his heir may have such a name registered
after the death the author as prescribed
under Paragraph (1).
(3) The owner of authors' property rights
may have the date of the first publication
or of the first making public of his
work registered.
(4) The person whose real name is registered
according to the provisions of Paragraphs
(1) and (2) shall be presumed to be
the author of the registered work. The
work as to which the date of the first
publication or the date of the being
first made public is registered shall
be presumed to have been first published
or first being made public on the date
registered. |
|
|
| Article
52 (Effect of Registration) |
The following matters
shall be not effective against any third
party without the registration:
1. Transfer by assignment of authors'
property rights (except that by inheritance
or other successions in general) or
the restriction on the disposal of authors'
property rights;
2. Establishment of the right of pledge
on authors' property rights, transfer,
alteration, or expiry of authors' property
rights, or the restriction on the disposal
of authors' property rights. |
|
|
| Article
53 (Procedures, etc. for Registration) |
| The registrations as
prescribed under Articles 51 and 52
shall be made by the Minister of Culture
and tourism as prescribed by the Presidential
Decree on the copyright register. |
|
|
| CHAPTER 3. RIGHT OF PUBLICATION
|
| Article
54 (Establishment of the Right of Publication) |
(1) The owner who has
the right to reproduce and distribute
a work (hereinafter referred to as "owner
of the right of reproduction")
may establish a right of publication
(hereinafter referred to as "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 "owner of the right of publication")
has been established shall have the
right to publish the original text of
the work according to the terms of the
contract of establishment.
(3) If the right of pledge is established
on the right of reproduction of a work,
the owner of the right of reproduction
can establish the right of publication
only with the authorization of the owner
of the right of pledge. |
|
|
| Article
55 (Obligations of the Owner of the
Right of Publication) |
(1) Unless otherwise
stipulated in the contract of establishment,
the owner of the right of publication
shall have the obligation to publish
the work within the period of nine months
after the date when he received from
the owner of the right of reproduction
manuscripts or other similar materials
which are necessary for the reproduction
of the work.
(2) Unless otherwise stipulated in the
contract of establishment, the owner
of the right of publication has the
obligation to continue to publish the
work in its original form in accordance
with customary practice.
(3) Unless otherwise stipulated, the
owner of the right of publication has
the obligation to indicate a notice
of the owner of the right of reproduction
in each copy as stipulated by the Presidential
Decree. |
|
|
| Article
56 (Revision, Addition or Reduction
of a Work) |
(1) If the owner of
the right of publication publishes a
new edition of the work which is the
object of 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 reproduction
intends to make a new edition of the
work which is the object his right,
he shall notify the author of his intention
in advance. |
|
|
| Article
57 (Duration of the 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 the Termination
of the Right of Publication) |
(1) If the owner of
the right of publication has not discharged
his obligation prescribed under Paragraph
(1) or (2) of Article 55, 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 impossible for the owner of the
right of publication to publish the
work, or it is obvious that he has no
intention to do so.
(3) When the termination of the right
of publication is notified as prescribed
under the provision of Paragraph (1)
or (2), the right of publication is
presumed to have been terminated on
the date the owner of the right of publication
has received the notification.
(4) In the case of Paragraph (3), the
owner of the right of reproduction may
at any time 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 a Work
after the Termination of the Right of
Publication) |
After the termination
of the right of publication on account
of the exiry 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;
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
to, the Right of Publication, etc.)
|
(1) The right of publication
may not be transferred by assignment
or pledged without the consent of the
owner of the right of reproduction.
(2) The provisions of Article 22, Paragraphs
(1) and (2) of Article 23, Articles
24, 25, 27 to 30, Paragraphs (2) and
(3) of Article 32 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 52 and
53 shall apply mutatis mutandis to the
registration of the right of publication.
In such cases, the term "authors'
property rights" in Article 52
shall be considered as "right of
publication," and "copyright
register" as "register of
the right of publication," respectively. |
|
|
| CHAPTER 4. NEIGHBORING RIGHTS |
| SECTION 1. GENERAL RULES |
| Article
61 (Neighboring Rights) |
Performances, phonograms
and broadcasts falling under any of
the following Subparagraphs shall be
protected as neighboring rights under
this Act: (Amended by Law No. 5015Dec.
61995)
1. Performances
a. Performances conducted by nationals
of the Republic of Korea (including
legal persons established under the
laws and regulations of the Republic
of Korea, and foreign legal persons
maintaining their principal offices
in the Republic of Korea; hereinafter
the same shall apply),
b. Performances protected under the
international treaties to which the
Republic of Korea has acceded or which
it has ratified;
c. Performances fixed in phonograms
as referred to in Subparagraph (2),
d. Performances transmitted by broadcasts
as referred to in Subparagraph (3) (except
those included in sound or visual recordings
before transmission).
2. Phonograms
a. Phonograms manufactured by nationals
of the Republic of Korea;
b. Phonograms in which sounds have been
fixed for the first time in the Republic
of Korea;
c. Phonograms in which sounds have been
fixed for the first time in a foreign
country party to the treaties to which
the Republic of Korea has acceded or
which it has ratified and thus protected
under such treaties.
3. Broadcasts
a. Broadcasts made by broadcasting organizations
which are nationals of the Republic
of Korea;
b. Broadcasts made from broadcasting
facilities located in the Republic of
Korea;
c. Broadcasts made by broadcastings
organization which are nationals of
a foreign country, from broadcasting
facilities located in a 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 performances.
|
|
|
| Article
64 (Right of Broadcasting of Performances) |
| Performers shall have
the right to broadcast their performances,
except those recorded with the authorization
of performers. |
|
|
| Article
65 (Compensation by Broadcasting Organizations
to Performers) |
(1) When a broadcasting
organization makes a broadcast by using
commercial phonograms in which performances
are recorded, it shall pay reasonable
compensation to the performers; provided
that this shall not apply to the performers
who are foreigners.(amended by law no.
5015dec. 61995)
(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 performance
business in the Republic of Korea, and
designated by the Minister of Culture
and tourism. In designating such an
organization, the Minister of Culture
and tourism shall obtain in advance
the consent of such an organization.
(amended by law no. 4183dec. 301989
4541mar. 61993) (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 organization.
(5) If the organization and the broadcasting
organization fail to reach an agreement
as prescribed under Paragraph (4), the
organization or the broadcasting organization
may request for a 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 by Performers of
Rental of Phonograms) |
(1) Performers shall
have the right to authorize the rental
of commercial phonograms for profit-making
purposes in which performances are recorded.
(2) The provisions of Paragraphs (2),
(3) and (6) of Article 65 shall apply
mutatis mutandis to the exercise, etc.
of the rights of performers, etc. under
Paragraph (1). (Newly Inserted by Law
No. 4717Jan. 71994) |
|
|
| 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 participated
in the performance, the consent of such
vocalist or instrument player shall
be obtained.
(Amended by Law No. 5015Dec. 61995)
|
|
|
| SECTION 3. RIGHTS OF PRODUCERS OF
PHONOGRAMS |
| Article
67 (Right of Reproduction and Distribution) |
| Producers of phonograms
shall have the right to reproduce and
distribute their phonograms. |
|
|
| Article
67-2 (Offer for Transaction and Authorization
of Rental of Phonograms) |
(1) The provisions of
Article 43 shall apply mutatis mutandis
to the distribution of phonograms and
authorization by producers of phonograms
of rental of commercial phonograms.
(2) The provisions of Paragraphs (2),
(3) and (6) of Article 65 shall apply
mutatis mutandis to the exercise, etc.
of the rights of producers of phonograms
under Paragraph (1). (Newly Inserted
by Law No. 4717Jan. 71994) |
|
|
| Article
68 (Compensation by Broadcasting Organizations
to Producers of Phonograms) |
(1) If a broadcasting
organization makes a broadcast by using
commercial phonograms, it shall pay
reasonable compensation to the producers
of the phonograms; provided that this
shall not apply to the producers of
phonograms who are foreigners.
(2) The provisions of Paragraphs (2)
to (6) of Article 65 shall apply mutatis
mutandis to the amount of compensation
and the claim procedures as prescribed
under Paragraph (1). In such cases,
the term "performance" in
Paragraphs (2) of Article 65 shall be
considered as "production of phonograms".
|
|
|
| SECTION 4. RIGHTS OF BROADCASTING
ORGANIZATIONS |
| Article
69 (Right of Reproduction and Simultaneous
Relay) |
| Broadcasting organizations
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 continue
to subsist for a period of 50 years
from the beginning of the year following
the date: (Amended by Law No. 4717Jan.
71994)
1. when the performance took place,
for performances;
2. when the first fixation of sounds
was made, for phonograms;
3. when the broadcast was made, for
broadcasts. |
|
|
| SECTION 6. LIMITATIONS TO, TRANSFERS
BY ASSIGNMENT, EXERCISE, ETC. OF RIGHTS
|
| Article
71 (Limitations to Neighboring Rights) |
| The provisions of Article
22, Paragraph (2) of Article 23, Articles
24 to 29, Paragraph (2) of Article 30,
Articles 31, 33 and 34 shall apply mutatis
mutandis to the exploitation of performances,
phonograms or broadcasts which are the
subject matter of neighboring rights.
|
|
|
| Article
72 (Transfers by Assignment, Exercise,
etc. of Neighboring Rights) |
| The provision of Paragraph
(1) of Article 41 shall apply mutatis
mutandis to the transfer by assignment
of neighboring rights; the provisions
of Article 42 to the authorization to
exploit performances, phonograms and
broadcasts; the provision of Article
43 to the distribution of phonograms;
the provision of Article 44 to the right
of pledge established on neighboring
rights; and the provision of Article
46 to the expiry of neighboring rights,
respectively. |
|
|
| Article
73 (Registration of Neighboring Rights) |
| The provisions of Articles
52 and 53 shall apply mutatis mutandis
to the registration of neighboring rights.
In this case, the term "copyright
register" as prescribed under Article
53 shall read as "register of neighboring
rights." |
|
|
| CHAPTER 5. SPECIAL PROVISIONS CONCERNING
CINEMATOGRAPHIC WORKS |
| Article
74 (Cinematization of Works) |
(1) If the owner of
authors' property rights authorizes
a person to exploit his works by means
of cinematization, unless otherwise
stipulated, this authorization shall
be considered to include the following
rights:
1. to dramatize a work for the production
of a cinematographic work;
2. to reproduce and distribute the cinematographic
work;
3. to present publicly the cinematographic
work;
4. to broadcast a cinematographic work
for broadcasting;
5. to use the translation of the cinematographic
work in the same way as the cinematographic
work.
(2) If the owner of authors' property
rights authorizes a person to exploit
his work by means of cinematization,
unless otherwise stipulated, he may
authorize, after the lapse of five years
from the date of his authorization,
a cinematization of the work in another
form of cinematographic work. |
|
|
| Article
75 (Rights in Cinematographic Works) |
(1) If a person who
has agreed to cooperate in the production
of a cinematographic work obtains copyright
in a cinematographic work, the rights
necessary for the exploitation of such
cinematographic work shall be considered
to have been transferred by assignment
to the producer of the cinematographic
work.
(2) The copyright in a novel, play,
work of art or musical work used for
the production of the cinematographic
work shall not be affected by the provision
of Paragraph (1).
(3) The right of reproduction under
Article 63 and the right of broadcasting
of performances under Article 64 of
a performer who has agreed to cooperate
in the production of a cinematographic
work shall be considered to have been
transferred by assignment to the producer
of the cinematographic work, unless
otherwise stipulated. |
|
|
| Article
76 (Rights of Producers of Cinematographic
Works) |
| A producer of a cinematographic
work shall have the right to reproduce,
distribute, present publicly or broadcast
a visual recording in which the cinematographic
work is included, and to transfer by
assignment or establish the right of
pledge on such rights. |
|
|
| Article
77 (Duration of Cinematographic Works) |
| The duration of authors'
property rights in a cinematographic
work shall continue to subsist for a
period of fifty years after it is being
made public; provided that, if it has
not been made public within fifty years
after its creation, it shall continue
to subsist for a period of fifty years
from its creation. |
|
|
| CHAPTER 6. COPYRIGHT MANAGEMENT
SERVICES |
| Article
78 (Permit, etc. for Copyright Management
Services) |
(1) Any person who intends
to engage in a business as an agent,
intermediary, or trustee (hereinafter
referred to as "copyright management
services") on behalf of the owner
of the rights protected under this Act
shall obtain a permit from the Minister
of Culture and tourism as prescribed
by the Presidential Decree. Those who
intend to engage in copyright management
services only as an agent or intermediary
shall report to the Minister of Culture
and tourism as prescribed by the Presidential
Decree.
(Amended by Law No. 4183 Dec.30, 1989
4541 Mar. 6, 1993 4717 Jan. 7, 1994)
(2) Any person falling under any of
the following categories shall not be
eligible for copyright management services:
(Amended by Law No. 4717Jan. 7, 1994)
1. Any person who has no competence
or who has limited competence declared
by courts;
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;
5. Any legal person or organization
in which a person falling under Subparagraphs
1 to 4 is the representative or a member
of the board.
(3) Any person who has obtained a permit
for copyright management services under
Paragraph (1) (hereinafter referred
to as "copyright management service
provider") may collect fees for
his services from the owner of authors'
property rights or other interested
persons. (Amended by Law No. 4717Jan.
7, 1994)
(4) The rate and amount of fees as prescribed
under Paragraph (3) shall be determined
by the copyright management service
provider subject to the approval of
the Minister of Culture and tourism;
provided that this shall not apply if
copyright management services are limited
to agency or intermediary. |
|
|
| 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.(Amended
by law no. 4183dec. 30,1989 4541mar.6,
1993)
(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. |
|
|
| Article
80 (Cancellation, etc. of Permit) |
(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: (amended
by law no. 4183dec. 30, 1989 4541mar.
6,1993)
1. that he has received fees in excess
of the approved amount in violation
of the provision of Paragraph (3) of
Article 78;
2. that he has failed to submit a report
as prescribed under Paragraph (1) of
Article 79 without any justifiable reason
or he has made a false report; or 3.
that he has received an order as prescribed
under Paragraph (2) of Article 79, but
failed to fulfill the order without
any justifiable reason.
(2) The Minister of Culture and tourism
may cancel the permit for copyright
management services if a copyright management
service provider commits any of the
following acts: (amended by law no.
4183dec. 30, 1989 4541mar. 6, 1993 4717jan.
7, 1994)
1. that the copyright management service
provider has obtained the permit by
fraudulent or unlawful means;
2. that the copyright management service
provider continues to do business after
receiving an order of suspension under
Paragraph (1).
(3) If the Minister of Culture and tourism
intends to take measures under Paragraphs
(1) and (2), he shall give the other
party against whom the measures are
taken or its agent an opportunity to
present his case as prescribed by the
Presidential Decree, unless the party
or its representative has failed to
comply without any justifiable reason,
or it is impossible to give him an opportunity
to present his case because he is not
available due to unknown domicile, etc.
(Amended by Law No. 4183Dec. 30, 1989
4541Mar. 6, 1993 50151995> |
|
|
| CHAPTER 7. DELIBERATION ON COPYRIGHT
AND 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
more than fifteen but fewer 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 renowned for
their virtues, and the chairman and
vice chairmen shall be elected from
among the members. (Amended by Law No.
4183Dec. 30, 1989 4541Mar. 6, 1993)
(4) The term of members shall be a period
of three years and the members may serve
for more than one term.
(5) If a vacancy has occurred in the
members of the Committee, the substitute
shall be nominated in the same manner
as prescribed under Paragraph (3) who
is to serve for the remaining period
of his predecessor's term. The substitute
may not be nominated, if the total number
of the incumbent members exceeds fifteen.
|
|
|
| Article
82 (Functions) |
The Committee shall
deliberate on the following matters,
in addition to the conciliation of disputes:(amended
by law no. 4183dec. 30, 1989 4541mar.
6, 1993 50151995)
1. Matters concerning the criteria for
compensation prescribed under Paragraph
(3) text of Article 28, Paragraph (1)
of Article 47, Articles 48 and 50;
2. Matters concerning the rate or amount
of compensation for the copyright management
service provider prescribed under Paragraph
(3) of Article 78;
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 a lawyer, shall be
established in the Committee. |
|
|
| Article
84 (Application for Conciliation) |
(1) Any person who intends
to have a dispute conciliated may make
an application to the Committee for
conciliation of a dispute by stating
clearly the tenor and cause of application.
(2) The conciliation of the disputes
under Paragraph (1) shall be carried
out by the Conciliation Division prescribed
under Article 83.
(3) The Committee shall reach a 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 a 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 them. |
|
|
| 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 Paragraph
(3) of Article 84 or Paragraph (2) of
Article 85, such facts shall be stated
in the protocol. |
|
|
| Article
88 (Expenses of 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, etc. of the Committee) |
| The organization and
administration of the Committee, procedures
of conciliation, method 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 8. REDRESS FOR INFRINGEMENT
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 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.
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| Article
92 (Acts Considered as to be Infringements) |
(1) Any act falling
under any of the following Subparagraphs
shall be considered to be an infringement
of copyright or other rights protected
under this Act:(amended by law no. 4717
jan. 7, 1994>
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 in the Republic of Korea
at the time of such importation;
2. The distribution or the possession
for the purpose of distribution, of
objects 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 infringement.
(2) 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.
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| Article
93 (Claim for Damages) |
(1) The owner of authors'
property rights or other rights protected
under this Act (excluding authors' moral
rights) (hereinafter referred to as
"owner of authors' property rights,
etc.") may claim compensation for
damages from a person who has infringed
his rights intentionally or by negligence.
(2) If the owner of authors' property
rights, etc. claims compensation under
Paragraph (1), the amount of profit
which the infringing person has gained
by his act of infringement shall be
presumed to be the amount of damages
sustained by the owner of authors' property
rights, etc.
(3) The owner of authors' property rights,
etc. may claim, in addition to the amount
of compensation for damages as referred
to in Paragraph (2), an amount of compensation
for damages equivalent to that which
he could have earned by the ordinary
exercise of his rights. |
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| Article
94 (Presumed Number of Illegal Copies) |
If a work is reproduced
without the consent of the owner of
authors' property rights, and if it
is difficult to calculate the number
of illegal copies, it shall be presumed
as follows:
1. 5,000 copies in the case of a book;
2. 10,000 copies in the case of a phonogram.
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| Article
95 (Right of Demanding Recovery of Honor,
etc.) |
| The author may demand
the person who has infringed his moral
rights intentionally or by negligence
to take measures necessary for the recovery
of his honor or reputation in return
for or together with compensation for
damages. |
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| Article
96 (Protection of Authors' Moral Rights
after the Death of an Author) |
| After the death of an
author, his surviving 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 provision of Paragraph
(2) of Article 14 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 provision of Article
14 for recovery of his honor or reputation.
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| Article
97 (Infringement in Respect of a 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 author's property rights,
the demand prescribed under Article
91, or demand for compensation for damages
under Article 93 to his share in a joint
work |
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| CHAPTER 9. PENAL PROVISIONS |
| Article
98 (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 thirty million won, or shall be
punishable by both imprisonment and
a fine:
(Amended by Law No. 4717Jan. 7, 1994)
1. Any person who has infringed author's
property rights or other property rights
protected under this Act by means of
reproduction, performance, broadcasting
or exhibition, etc.;
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 (including the case
where these provisions are applied mutatis
mutandis under Paragraph (3) of Article
60 or Paragraph (3) of Article 7. |
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| 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:
(amended by law no. 4717jan. 71994)
1. Any person who has made a work public
under the real name or pseudonym of
a person other than the author;
2. Any person who has violated the provision
of Paragraph (2) of Article 14;
3. Any person who has operated copyright
management services without obtaining
a permit as prescribed under Paragraph
(1) of Article 78 (except the case where
the copyright management service provider
is an agent or intermediary);
4. Any person who has committed an act
considered to be an infringement under
the provisions of Article 92. |
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| Article
100 (Failure to Indicate Sources) |
Any person who has violated
any of the following Subparagraphs shall
be punishable by a fine of not more
than five million won:
1. Any person who has not indicated
the sources prescribed under Article
34 (including the case where the provisions
of Article 71 are applied mutatis mutandis);
2. Any person who has not indicated
the notice of the owner of the right
of reproduction in violation of the
provisions of Paragraph (3) of Article
55;
3. Any person who has engaged in copyright
management services as an agent or intermediary
without reporting as prescribed under
the proviso of Paragraph (1) of Article
78, or who has continued the services
after being ordered to close the services
under the provision of Paragraph (2)
of Article 80. |
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| 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 performer shall be confiscated. |
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| Article
102 (Accusation) |
| The crimes prescribed
under this Chapter shall be persecuted
only when the injured party has made
a formal accusation except the cases
prescribed under Paragraph (3) of Article
89, or Paragraphs (1) to (3) of Article
99, or Paragraph (3) of Article 100.
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| Article
103 (Punishment of Both Parties) |
| If a representative
of a legal person, or an agent, employee
or other employed persons of a legal
person or a individual has committed
a crime as prescribed under this Act
with respect to the affairs of the legal
person or the individual, the fine prescribed
under the Articles concerned shall be
imposed on such a legal person or an
individual in addition to the punishment
of the offender. |
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| ADDENDUM |
| Article
1 (Date of Enforcement) |
| This Act shall come
into force on and after July 1, 1987.
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| Article
2 (Interim 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 the enforcement
of this Act.
(2) Any work being made public under
the provisions of the former Act before
the enforcement of this Act 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;
5. Attribution of copyright in a cinematographic
work as prescribed under Article 38
of the former Act. |
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| Article
3 (Interim Measures Concerning Protection
Period of Works) |
The protection period
of a work which was made public before
the enforcement of this Act and which
does not fall under Article 2 (1) of
Addendum is 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;
2. If the protection period under the
former Act is shorter than that of this
Act, the provisions of this Act shall
apply. |
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| Article
4 (Interim 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. |
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| Article
5 (Interim 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. |
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| Article
6 (Interim Measures Concerning Indication
of Sources) |
| If a person intends
to exploit a work under the provisions
of Paragraph (1) of Article 23, he is
not obliged to indicate the sources
within five years from the date of enforcement
of this Act, notwithstanding the provisions
of Paragraph (1) of Article 34. |
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| Article
7 (Interim 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 shall
be redressed under the provisions of
the former Act. |
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| Article
8 (Interim Measures Concerning Penal
Provisions) |
| The penal provisions
of the former Act shall apply to the
acts committed before the enforcement
of this Act. |
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| ADDENDUM (December 30, 1989) |
| Article
1 (Date of Enforcement) |
This Act shall come
into force on and after the date of
its promulgation. (The proviso omitted)
(Articles 2 to 6 omitted) |
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| ADDENDUM (December 27, 1990) |
| Article
1 (Date of Enforcement) |
This Act shall come
into force on and after the date of
its promulgation. (The proviso omitted)
(Articles 2 to 10 omitted) |
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| ADDENDUM (March 8, 1991) |
| Article
1 (Date of Enforcement) |
This Act shall come
into force on and after the lapse of
one month from the date of its promulgation.
(Articles 2 to 6 omitted) |
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| ADDENDUM (March 6,
1993) |
| Article
1 (Date of Enforcement) |
| This Act shall come
into force on and after the date of
its promulgation. (The proviso omitted)
(Articles 2 to 5omitted) |
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| ADDENDUM (January 7, 1994)
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| Article
1 (Date of Enforcement) |
| This Act shall come
into force on and after July 1, 1994. |
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| Article
2 (Interim 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 the enforcement
of this Act. |
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| Article
3 (Interim 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 the enforcement of this
Act. |
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| Article
4 (Interim Measures Concerning Compensation
with Respect to Textbooks) |
| If a work being made
public is to be reproduced in a textbook
in which copyright is attributed to
the Minister of Education or which is
approved and sanctioned by the Minister
of Education, 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 Paragraph (3) of Article 23. |
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| Article
5 (Interim Measures Concerning Rights
in Cinematographic Work) |
| The amended provisions
of Paragraph (3) of Article 75 shall
not be applied for a period of five
years from the enforcement of this Act.
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| ADDENDUM (March 24, 1994) |
| Article
1 (Date of Enforcement) |
This Act shall come
into force on and after the lapse of
four months after its promulgation.
(Articles 2 to 7omitted) |
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| ADDENDUM (December 6, 1995) |
| Article
1 (Date of Enforcement) |
| This Act shall come
into force on and after July 1, 1996.
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| Article
2 (Interim 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 to the expiry of the
protection period under the provisions
of the former Act before the enforcement
of this Act. |
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| Article
3 (Special Provisions Concerning Protection
Period) |
| Copyright in works of
foreigners and rights of foreign performers
and producers of phonograms in phonograms
which have been newly protected under
the provisions of Paragraph (1) of Article
3 and Article 61 respectively and which
have been made public before the enforcement
of this Act (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. |
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| Article
4 (Interim Measures Concerning Exploitation
of Restored Works, etc.) |
(1) Exploitation of
a restored work, etc. before the enforcement
of this Act 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 the enforcement of
this Act; 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
the enforcement of this Act, a phonogram
on sale in which a restored work, etc.
is fixed, the provisions of Paragraph
(2) of Article 43, Paragraph (2) of
Article 65 and Paragraph (2) of Article
67 shall not apply. |
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