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법령, 판례 등 모든 법령정보를 한 번에 검색 OK !

[Enforcement Date 21. Mar, 2017.] [Act No.14634, 21. Mar, 2017., Partial Amendment]

문화체육관광부 (저작권정책곾( �44-203-2476

법제처 국가법령정보센터

www.law.go.kr

2018.10.31

「COPYRIGHT ACT」

[Enforcement Date 21. Mar, 2017.] [Act No.14634, 21. Mar, 2017., Partial Amendment]

문화체육관광부 (저작권정책과) 044-203-2476

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 and related industries.<Amended by Act No. 9625, Apr. 22,

2009>

Article 2 (Definitions)

The terms used in this Act shall be defined as follows:<Amended by Act No. 9625, Apr.

22, 2009; Act No. 10807, Jun. 30, 2011; Act No. 11110, Dec. 2, 2011; Act No. 14083, Mar. 22,

2016>

1. The term “work” means a creative production that expresses human thoughts

and emotions;

2. The term “author” means a person who creates a work;

3. The term “public performance” means to present to the public works,

performances, phonograms or broadcasts by acting, musical playing, singing,

narrating, reciting, screening, playback or other means, including transmission

(excluding interactive transmission) made in the connected premises in the

possession of one and the same person;

4. The term “performer” means a person who gives a stage performance by

expressing works through acting, dancing, musical playing, singing, narrating,

reciting or other artistic means or by expressing things other than works in a

similar way, including a person who conducts, directs or supervises a stage

performance;

5. The term “phonogram” means the medium in which the sound (referring to voice

or sound; the same hereinafter) is fixed (including a digitalized sound): Provided,

That excluding the sound fixed along with images;

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6. The term “phonogram producer” means a person who makes an overall plan and

takes charge of producing an original phonogram;

7. The term “public transmission” means transmitting works, stage performances,

phonograms, broadcasts or database (hereinafter referred to as “works, etc.”) by

making such available to the public by wire or wireless means so that the public

may receive them or have access to them;

8. The term “broadcasting” means, among the public transmission, transmitting

sound or image, or sound and image so that the public may receive it at the same

time;

8-2. The term "encrypted broadcasting signal" means electronically encrypted

broadcasting signals originated by a broadcasting organization or a person who has

obtained consent from a broadcasting organization for the purpose to prevent or

hinder from receiving broadcasting (limited to broadcasting by means of radio or

satellite communications) without authorization;

9. The term “broadcast organization” means a person who engages in broadcasting

business;

10. The term “interactive transmission” means, among types of public

transmission, to make works, etc. available for the public so that the members of

the public may have access at the time and place of their own choice, including

transmission to be done accordingly;

11. The term “digital sound transmission” means, among types of public

transmission, the transmission of sound in the digital form initiated at the request

of the members of the public for the purpose of having the public receive

simultaneously among the public transmission, excluding interactive transmission;

12. The term “digital sound transmission organizations” means a person who

engages in digital sound transmission business;

13. 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 played by mechanical or electronic devices to be seen, or seen and

heard through a reproduction;

14. The term “producer of cinematographic works” means one who plans and takes

responsibility for the whole in the production of cinematographic works;

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15. The term “works of applied art” means the works of art that may be

reproduced in the same shapes as article, and whose originality may be recognized

apart from the articles used for reproduction. And designs, etc. are included;

16. The term “computer program work” means a creation expressed in a series of

instructions or command which are directly or indirectly applied within devices

having a capability of processing information, such as a computer (hereinafter

referred to as “computer”), in order to obtain certain results;

17. The term “compilation” means the collections of works, symbols, letters,

sounds, images and other forms of data (hereinafter referred to as “materials”),

but shall include the database;

18. The term “compilation works” means the compilations which are of creative

nature in terms of selection, arrangement or composition of their materials;

19. The term “database” means compilation whose materials are systematically

arranged or composed, so that they may be individually accessed or retrieved;

20. The term “producer of database” means one who has made a substantial

investment in human or material resource for the production of database, or for the

renewal, verification or supplement of their materials (hereinafter referred to as

“renewal, etc.”);

21. The term “joint works” means the works jointly created by two or more

persons, and of which the part of their contributions may not be separately

exploited;

22. The term “reproduction” means the temporary or permanent fixation of works

in a tangible medium or a remaking of works by means of printing, photographing,

copying, sound or visual recording, or other means; in cases of architectural

structures, it includes carrying out construction of works in accordance with the

models or plans for the relevant construction works;

23. The term “distribution” means a transfer by assignment or lending of the

original or its reproduction etc. to the public for free or at charge;

24. The term “publication” means a reproduction and distribution of the works or

phonograms to meet public demand;

25. The term “making works public” means to make the works open to the public

by means of public performance, public transmission, or exhibit and by other

means, and to publish the works;

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26. The term “copyright trust service” means a business which continuously

manages rights on behalf of the holder of economic rights of author, an exclusive

publication right, publication right, or neighboring right or a person who has the

right as a database producer, and which includes the case of a general agent

regarding exploitation of works;

27. The term “copyright agency or brokerage service” means a business which

acts as an agent or a broker on behalf of the holder of economic rights of author, an

exclusive right of publication, publication right, or neighboring right or a person

who has the right as a database producer, regarding exploitation of works;

28. The term “technological protection measures” means either of the following

measures:

(a) Technological measures taken by a right holder or a person who has obtained

the said holder’s consent, in order to effectively prevent or control the access

to works, etc. protected under this Act, in relation to the exercise of copyright or

other rights protected pursuant to this Act;

(b) Technological measures taken by a right holder or a person who has obtained

the said holder's consent in order to effectively prevent or restrict an act of

infringing copyright or other rights protected pursuant to this Act;

29. The term “rights management information” means any of the following

information or the numerals or symbols representing the said information, where

each information is attached to the original or copies of the works, etc. protected

by copyright or other rights protected pursuant to this Act, or is accompanied with

public performance, implementation or public transmission thereof:

(a) Information to identify the works, etc.;

(b) Information to identify a person who has copyright or other rights protected

pursuant to this Act;

30. The term “online service provider” means either of the following persons:

(a) A person who transmits, designates a route of, or provides connections to the

works, etc. selected by users to deliver such works, etc. without any

modification of their content 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

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Network Utilization and Information Protection, etc.; hereinafter the same shall

apply) between the points designated by users;

(b) A person who provides the services to allow users to access the information

and communications networks or reproduce or interactively transmit the works,

etc. through the information and communications networks, or who provides or

operates facilities therefor;

31. The term “work made for hire” means a work made by an employee of a legal

person, organization or other employers (hereinafter referred to as “juristic

person, etc.”) during the course of his/her duties and on the initiative of legal

person etc.;

32. The term “public” means a large number of unspecified persons (including a

large number of specified persons);

33. The term “authentication” means to verify the justifiable holder of right for

authorization of use of the works, etc.;

34. The term “decompilation of program code” means to reproduce or convert

computer program work code in order to obtain information necessary for

compatibility of independently created computer program works with other

computer programs;

35. The term "label" means a sign to be attached, enclosed or added, or a sign

devised for such purposes, to tangible copies, packages or documents of works,

etc. in order to indicate that such copies have been produced with legitimate

authority;

36. The term "movie theater, etc." means movie theaters, premier theaters or other

places to screen cinematographic works to the public, the entrance to which is

controlled by a person who screen such works.

Article 2-2 (Formulation of Measures for Protection of Copyright) (1) The Minister of

Culture, Sports and Tourism may formulate and execute the following measures to

achieve the purposes of this Act:

1. Matters concerning a basic policy for the protection of copyright and creation of an

environment for fair use of works;

2. Matters concerning education and publicity for raising public awareness of

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3. Matters concerning policies for the rights management information of works, etc.

and for technological protection measures thereof.

(2) Matters necessary for formulation and enforcement of policies pursuant to

paragraph (1) shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]

Article 3 (Foreigners’ Works) (1) Foreigners’ works shall be protected in accordance

with the treaties which the Republic of Korea has acceded to or concluded.

(2) The works of foreigners who permanently reside in the Republic of Korea

(including stateless persons and foreign legal persons whose principal offices are

located in the Republic of Korea), or foreigners’ works which are first made public

in the Republic of Korea (including works made public in the Republic of Korea within

30 days after their making public in a foreign country) shall be protected under this

Act.

(3) Even when foreigners’ works are to be protected under paragraphs (1) and (2)

(excluding foreigners who permanently reside in the Republic of Korea and stateless

persons; hereinafter the same shall apply in this Article), if the relevant foreign

country does not protect the works of the nationals of the Republic of Korea, their

protection under treaties and this Act may be correspondingly restricted.<Amended by

Act No. 10807, Jun. 30, 2011>

(4) Even in cases of foreigners' works protected pursuant to paragraphs (1) and (2),

where the period of protection has expired in the relevant foreign country, the period

of protection under this Act shall not be recognized.<Newly Inserted by Act No. 10807,

Jun. 30, 2011>

CHAPTER II COPYRIGHT

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, speeches, plays and other literary works;

2. Musical works;

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3. Theatrical works including dramas, choreographies, pantomimes, etc.;

4. Paintings, calligraphic works, sculptures, printmaking, crafts, works of applied art,

and other works of art;

5. Architectural works including buildings, architectural models and design drawings;

6. Photographic works (including those produced by similar methods);

7. Cinematographic works;

8. Maps, charts, design drawings, sketches, models and other diagrammatic works;

9. Computer program works.

(2) Deleted.<by Act No. 9625, Apr. 22, 2009>

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) The protection of compilation works shall not affect the copyright of materials

constituting such compilation work and other rights protected under this Act.

Article 7 (Works Not Protected)

No work which falls under any of the following subparagraphs shall be protected

under this Act:

1. Constitution, Acts, treaties, decrees, and municipal ordinances and rules;

2. Bulletins, public notifications, directives and others similar thereto which are

issued by the central or local government;

3. Judgments, decisions, orders, or adjudications of courts, as well as rulings and

decisions made by the administrative appeals procedures, or other similar

procedures;

4. Compilations or translations of works as referred to in subparagraphs 1 through 3

which are produced by the central or local government;

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5. Current news reporting which delivers simple facts.

SECTION 2 Authors

Article 8 (Presumption of Authors, etc.) (1) Any person who falls under any of the

following subparagraphs shall be presumed to have the copyright for his/her works

as an author: <Amended by Act No. 10807, Jun. 30, 2011>

1. A person whose real name or well-known pseudonym (referring to the stage

name, pen name, abbreviated name, etc.; hereinafter the same shall apply) is

indicated as the name of the author in a usual manner on the original or copies of a

work;

2. A person whose real name or well-known pseudonym is indicated as the name of

the author in the public performance or public transmission of a work.

(2) If the name of the author is not indicated as prescribed under any of the

subparagraphs of paragraph (1), the person who is indicated as a publisher, public

performer or a person making the work public shall be presumed to have the

Article 9 (Author of Works Made for Hire)

The authorship of a work made for hire which is made by an employee of a legal

person, etc. during the course of his duties and is made public under the name of

such a legal person, etc. as the author shall be attributed to that legal person, etc.,

unless otherwise stipulated in the contract or work regulation, etc.: Provided, That in

cases of a computer program work (hereinafter referred to as “program”), being

made public is not required.<Amended by Act No. 9625, Apr. 22, 2009>

Article 10 (Copyright) (1) The author shall hold the rights under Articles 11 through 13

(hereinafter referred to as "author's moral right") and the rights falling under

Articles 16 through 22 (hereinafter referred to as "author's economic right").

(2) A copyright shall commence from the time of its creation, and shall not require a

fulfillment of any procedures or formalities.

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SECTION 3 Author’s Moral Right

Article 11 (Right to Make Public) (1) The author shall have the right to decide whether

or not to make his/her work public.

(2) If the author has transferred by assignment his/her economic right on a work

which is not yet made public pursuant to Article 45, authorized its use pursuant to

Article 46, or established the exclusive publication rights pursuant to Article 57 or

publication rights pursuant to Article 63, he/she shall be presumed to have given the

other party his/her consent to make it public.<Amended by Act No. 9625, Apr. 22, 2009; Act

No. 11110, Dec. 2, 2011>

(3) If the author has transferred by assignment the original of his/her work of art,

architectural work or photographic work (hereinafter referred to as “work of art,

etc.”) which has not been made public, he/she shall be presumed to have given the

other party his/her consent to make it public in the manner of exhibition.

(4) If a derivative work or compilation work produced with the consent of the author

has been made public, its original shall be also considered to have been made public.

(5) Where the author donates his/her pieces of unpublished work, etc. to libraries,

etc. under Article 31, it shall be presumed that he/she consents to making them

public at the time of his/her donation unless otherwise expressly stated.<Newly

Inserted by Act No. 11110, Dec. 2, 2011>

Article 12 (Right of Paternity) (1) The author shall have the right to indicate his/her real

name or pseudonym on the original or copy of his/her work, or on the medium of

publication by which his/her work is made public.

(2) Unless otherwise expressly stated by the author, the person using his/her work

shall indicate the author’s name in accordance with the author’s manner of

indicating his/her real name or pseudonym: Provided, That the same shall not apply

where deemed unavoidable in the light of the nature of a work as well as the purpose

and manner of its use.

Article 13 (Right of Integrity) (1) The author shall have a right to maintain the integrity

of the content, form and title of his/her work.

(2) No author shall raise an objection to a modification falling under any of the

following subparagraphs: Provided, That the same shall not apply to the modifications

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of substantial contents:<Amended by Act No. 9625, Apr. 22, 2009>

1. In cases of using a work pursuant to Article 25, the modification of expression

within the limit as deemed unavoidable for the purpose of school education;

2. Extension, rebuilding or other modifications of an architectural structure;

3. Modification within the necessary limit to enable a program used only on a specific

computer to be run on other computers;

4. Modification within the necessary limit to use a program more effectively for a

specific computer than others;

5. 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 use.

Article 14 (Inalienability of Author’s Moral Right) (1) Author’s moral rights shall

belong exclusively to the author.

(2) Even after the death of the author, no person who use his/her work shall commit

an act which would be prejudicial to author’s moral rights if he/she were alive:

Provided, That if such act is deemed to have not defamed the honor of the author in

the light of the nature and extent of the act, and in view of the prevailing social

norms, the same shall not apply.

Article 15 (Author’s Moral Right to Joint Work) (1) Author’s moral right to a joint

work may not be exercised without the unanimous agreement of all the authors

concerned. In such cases, 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 under paragraph (2), if any, shall not

be effective against a bona fide third person.

SECTION 4 Author’s Economic Right

SubSection 1 Types of Author’s Economic Rights

Article 16 (Right of Reproduction)

The author shall have the right to reproduce his/her work.

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Article 17 (Right of Public Performance)

The author shall have the right to perform his/her work publicly.

Article 18 (Right of Public Transmission)

The author shall have the right to transmit his/her work in public.

Article 19 (Right of Exhibition)

The author shall have the right to exhibit the original or copy of his/her work of art,

etc.

Article 20 (Right of Distribution)

The author shall have the right to distribute the original or copy of his/her work:

Provided, That if the original or reproduction of the work has been offered to a deal

by means of sale, etc. with permission of the relevant holder of author’s property

right, the same shall not apply.<Amended by Act No. 9625, Apr. 22, 2009>

Article 21 (Right of Rental)

Notwithstanding the proviso to Article 20, the author shall have the right to authorize

the commercial rental of phonograms made public (hereinafter referred to as

commercial phonograms") or programs made public for pursuit of profit.<Amended by

Act No. 9625, Apr. 22, 2009; Act No. 14083, Mar. 22, 2016>

Article 22 (Right of Production of Derivative Works )

The author shall have the right to produce and use a derivative work based on

his/her original work.

SubSection 2 Limitations on Author’s Economic Rights

Article 23 (Reproduction for Judicial Proceedings, etc.)

It shall be permissible to reproduce a work if and to the extent deemed necessary for

the purpose of judicial proceedings and of internal use in the legislative or

administrative bodies: Provided, That the same shall not apply where such

reproduction unreasonably prejudice the interests of the holder of author’s

economic rights in the light of the nature of a work as well as the number of copies

and the nature of reproduction.

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Article 24 (Use of Political Speech, etc.)

Political speeches delivered in public and statements made in public in the court, the

National Assembly or local councils may be used in some way or other: Provided,

That if the speeches and statements of the same author are used after compilation,

the same shall not apply.

Article 24-2 (Free Use of Public Works) (1) A work produced as part of official duties

and already made public by the State or a local government, or a work of which the

author's economic right is owned in its entirety by the State or a local government

under a contract, may be used without permission: Provided, That the same shall not

apply when the work falls under any of the following cases:

1. Where it includes any information pertaining to national security;

2. Where it corresponds to an individual's privacy or confidential business

information;

3. Where it includes any information of which disclosure is limited under other Acts;

4. Where it is registered with the Korea Copyright Commission under Article 112,

and is managed as State-owned property under the State Property Act or as public

property under the Public Property and Commodity Management Act.

(2) The State may establish and enforce policies to invigorate use of public works,

as prescribed by Presidential Decree, in order to promote the use of works which are

produced and made public by a public institution or of which the author's economic

right is owned in its entirety under a contract by a public institution pursuant to

Article 4 of the Act on the Management of Public Institutions.

(3) When it is acknowledged as necessary for free use, the State or a local

government may permit the use of public works among those prescribed in paragraph

(1) 4, as prescribed by Presidential Decree, notwithstanding the State Property Act

or the Public Property and Commodity Management Act.

[This Article Newly Inserted by Act No. 12137, Dec. 30, 2013]

Article 25 (Use for the 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) Schools established by special Acts, the Early Childhood Education Act, the

Elementary and Secondary Education Act, or the Higher Education Act, educational

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institutions which are operated by the State or local governments and education

supporting institutions belonging to the State or local governments to support lessons

of those educational institutions may reproduce, distribute, perform in public, display,

or publicly transmit part of the works already made public where it is recognized as

necessary for the lessons and for the purpose of support thereof: Provided, That it is

inevitable to the whole work in view of the character of the work, the purpose, form,

etc. of the work, they may use the work in whole.<Amended by Act No. 9625, Apr. 22,

2009; Act No. 12137, Dec. 30, 2013>

(3) Those who receive education at an educational institution provided for in

paragraph (2) may reproduce or interactively transmit the works made public within

the extent of paragraph (2) where it is recognized as necessary for the purpose of

education.

(4) Any person who intends to use a work pursuant to paragraphs (1) and (2) shall

pay the relevant holder of author's economic right the remuneration according to the

standards stipulated and announced by the Minister of Culture, Sports and Tourism:

Provided, That the reproduction, distribution, public performance, broadcasting, or

interactive transmission of a work under paragraph (2) is done at high schools, their

equivalents or lower level schools, no remuneration thereof shall be paid.<Amended by

Act No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009>

(5) The right to receive remuneration under paragraph (4) shall be exercised

through an organization meeting the following requirements, which has been

designated by the Minister of Culture, Sports and Tourism. When the Minister of

Culture, Sports and Tourism designates an organization, he/she shall obtain prior

consent from the organization:<Amended by Act No. 8852, Feb. 29, 2008>

1. Organization comprised of persons who have the right to receive remuneration

within the Republic of Korea (hereinafter referred to as "holder of right to

remuneration");

2. Organization not aiming at profit-making;

3. Organization fully capable of performing the duties of collection, distribution, etc.

of remuneration.

(6) When there is an application from the holder of a right to remuneration who is

not a member of the organization, the organization under paragraph (5) shall not

refuse to exercise the right for him/her. In such cases, the organization shall have

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the authority to perform an act in its own name in court or out of court regarding the

right.

(7) Where an organization under paragraph (5) falls under any of the following

cases, the Minister of Culture, Sports and Tourism may revoke the designation

thereof:<Amended by Act No. 8852, Feb. 29, 2008>

1. When it fails to meet the requirements under paragraph (5);

2. When it violates regulations defining the duties on remuneration;

3. When it is possible to harm the interest of the holder of right to remuneration as it

has suspended the duties on remuneration for a considerable period.

(8) Any organization under paragraph (5) may use the remuneration that has been

left undistributed for three years from the date of public announcement of

remuneration distribution for the purpose of public interest with approval by the

Minister of Culture, Sports and Tourism.<Amended by Act No. 8852, Feb. 29, 2008>

(9) Matters necessary for the designation and revocation of an organization, work

regulations, public announcement of remuneration distribution, approval for use of

undistributed remuneration for the purpose of public interest, etc. under paragraphs

(5), (7), and (8) shall be prescribed by Presidential Decree.

(10) Where an educational institution performs interactive transmission pursuant to

the provisions of paragraph (2), it shall take necessary measures prescribed by

Presidential Decree, such as the measures to prevent reproduction, in order to

prevent infringement of copyright or other rights protected pursuant to this Act.

Article 26 (Use for News Reporting)

In cases of reporting current events by means of broadcasts or newspapers, or by

other means, it shall be permissible to reproduce, distribute, perform publicly,

transmit publicly a work seen or heard in the relevant courses, to the extent justified

by the reporting purpose.

Article 27 (Reproduction, etc. of News Articles or Editorials)

News articles or editorials inserted in the newspapers and online newspapers under

Article 2 of the Act on the Promotion of Newspapers, etc. or the news agencies

under Article 2 of the Act on the Promotion of News Communications may be

reproduced, distributed or broadcasted by other media organizations: Provided, That

if there is an indication prohibiting the use thereof, the same shall not apply.

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Article 28 (Quotation from Works Made Public)

Works already made public may be quoted for news report, criticism, education,

research, etc., in compliance with the fair practices within the reasonable extent.

Article 29 (Public Performance and Broadcasting for Non-Profit Purposes) (1) It shall

be permissible to perform publicly (excluding cases where any commercial

phonograms or cinematographic works made public for commercial purposes are

played) or broadcast a cinematographic work already made public for non-profit

purposes and without receiving any benefit in return from audience, spectators or

third persons: Provided, That the same shall not apply to cases where performers

are paid any normal remuneration. <Amended by Act No. 14083, Mar. 22, 2016>

(2) It shall be permissible to play and perform publicly any commercial phonograms

or cinematographic works made public for commercial purposes for the general

public if no benefit in return for the relevant public performance is received from

audience or spectators: Provided, That the same shall not apply to the cases as

prescribed by Presidential Decree.<Amended by Act No. 14083, Mar. 22, 2016>

Article 30 (Reproduction for Private Use)

It shall be permissible for a user to reproduce in private, without any commercial

purposes, a work already made public, within the limit of personal, family or the

equivalent use: Provided, That this shall not apply to the case of reproductions by a

photocopier installed for the use by the general public.

Article 31 (Reproductions, etc. in Libraries, etc.) (1) Libraries under the Libraries Act

and the facilities prescribed by 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.") designed for public access, may reproduce the works by using books, etc. 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 cases of

subparagraph 1) when it falls under any of the following subparagraphs: Provided,

That they shall not reproduce the works in digital format in the cases of

subparagraphs 1 and 3:

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1. Where a copy of a part of the books, etc. already made public is provided to one

per person 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.;

3. Where copies of books, etc., which are hard to obtain due to out of print or other

equivalent causes, are made and provided to other libraries, etc., at their request,

for their preservation purposes.

(2) The libraries, etc. may reproduce or interactively transmit the books, etc. held

thereby so as to have the users peruse them within the relevant libraries, etc. by

using computers. In such cases, 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 authorized to be used by the person holding copyright or other

rights protected under this Act.<Amended by Act No. 9625, Apr. 22, 2009>

(3) The libraries, etc. may reproduce or interactively transmit the books, etc. held

by them so as to have the users peruse them inside other libraries, etc. by using

computers: Provided, That the same shall not apply where the whole or part of

books, etc. are published for commercial purposes, and five years have not passed

from the date of their publication.<Amended by Act No. 9625, Apr. 22, 2009>

(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

digital format, the libraries, etc., shall be prohibited from reproducing them in digital

format.

(5) Where the libraries, etc. reproduce the books, etc. in digital format under

paragraph (1) 1, and where they reproduce or interactively transmit the books, etc.

pursuant to paragraph (3) so as to make them available for perusal inside other

libraries, etc., they shall pay the remuneration to the holder of author's economic

right under the standards determined and published by the Minister of Culture,

Sports and Tourism: Provided, That the same shall not apply to the case of books,

etc. for which the holders of author's economic 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).<Amended by Act

No. 8852, Feb. 29, 2008>

(6) The provisions of Article 25 (5) through (9) shall apply mutatis mutandis to the

payment, etc. of remuneration under paragraph (5).

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(7) Where the libraries, etc. reproduce or interactively transmit the books, etc. in

digital format pursuant to paragraphs (1) through (3), they shall take necessary

measures prescribed by Presidential Decree, such as those to prevent any

reproduction, in order to prevent any infringements on copyright and other rights

protected under this Act.

(8) Where the National Library of Korea collects online materials to preserve

pursuant to Article 20-2 of the Libraries Act, it may reproduce the relevant

materials.<Newly Inserted by Act No. 9529, Mar. 25, 2009>

Article 32 (Reproduction for Examination Questions)

It shall be permissible to reproduce or distribute a work already made public in

questions of entrance examinations or other examinations of knowledge and skills,

within the reasonable extent deemed necessary for that purpose: Provided, That

where it is for profit-making purposes, the same shall not apply.<Amended by Act No.

9625, Apr. 22, 2009>

Article 33 (Reproduction, etc. for the Visually Impaired, etc.) (1) It shall be permissible

to reproduce the works already made public in braille, and distribute them for the

visually impaired, etc.

(2) It shall be permissible for the facilities prescribed by Presidential Decree

(including the heads of relevant facilities) from among those for the promotion of

welfare of the visually impaired, 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

impaired, etc., but not for the profit-making purpose, or to reproduce, distribute or

interactively transmit them by an exclusive recording method for the visually

impaired, etc. prescribed by Presidential Decree.<Amended by Act No. 9529, Mar. 25,

2009>

(3) The scope of the visually impaired, etc. under paragraphs (1) and (2) shall be

prescribed by Presidential Decree.

Article 33-2 (Reproduction, etc. for the Hearing Impaired, etc.) (1) It shall be

permissible for anyone to convert the works already made public into Korean sign

language, and reproduce, distribute, perform in public, or publicly transmit such

Korean sign language for the hearing impaired, etc. <Amended by Act No. 13978, Feb. 3,

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2016>

(2) It shall be permissible for facilities prescribed by Presidential Decree (including

the heads of relevant facilities) from among those for the promotion of welfare of the

hearing impaired, etc. to convert the voice, sound, etc. contained in the works, etc.

which have already been made public to any format that the hearing impaired can

recognize, such as captions, for the purpose of offering it for the use by the hearing

impaired, etc. but not for the profit-making purpose; or to reproduce, distribute,

perform in public, or publicly transmit them for the hearing impaired, etc.

(3) The scope of the hearing impaired, etc. under paragraphs (1) and (2) shall be

prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 11903, Jul. 16, 2013]

Article 34 (Ephemeral Sound or Visual Recordings by Broadcasting Organization) (1)

Broadcasting organizations who have the authority to broadcast works may make

ephemeral sound or visual recordings of a work for the purpose of their own

broadcasting and by means of their own facilities.

(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 prescribed by Presidential

Decree, the same shall not apply.

Article 35 (Exhibition or Reproduction of Works of Art, etc.) (1) The holder of the

original of a work of art, etc., or a person who has obtained the holder’s consent,

may exhibit the work in its original form: Provided, That where the work of art is to

be permanently exhibited on the street, in the park, on the exterior of a building, or

other places open to the public, the same shall not apply.

(2) Works of art, etc. exhibited at all times at an open place as referred to in the

proviso to paragraph (1) may be reproduced and used by any means: Provided, That

in any of the following cases, the same shall not apply:

1. Where a building is reproduced into another building;

2. Where a sculpture or painting is reproduced into another sculpture or painting;

3. Where the reproduction is made in order to exhibit permanently at an open place

under the proviso to paragraph (1);

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4. Where the reproduction is made for the purpose of selling its copies.

(3) A person who exhibits works of art, etc. pursuant to 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) No portrait nor a similar photographic work produced by commission shall be

used without the consent of the commissioner.

Article 35-2 (Temporary Reproduction in Course of Using Works, etc.)

Where a person uses works, etc. on a computer, he/she may temporarily reproduce

such works, etc. in that computer to the extent deemed necessary for the purpose of

smooth and efficient information processing: Provided, That this shall not apply

where the use of such works, etc. infringes on copyright.

[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]

Article 35-3 (Fair Use of Works, etc.) (1) Except as provided in Articles 23 through

35-2 and 101-3 through 101-5, where a person does not unreasonably prejudice

an author's legitimate interest without conflicting with the normal exploitation of

works, he/she may use such works. <Amended by Act No. 14083, Mar. 22, 2016>

(2) In determining whether an act of using works, etc. falls under paragraph (1), the

following shall be considered:<Amended by Act No. 14083, Mar. 22, 2016>

1. Purposes and characters of use including whether such use is for or not-for

nonprofit;

2. Types and natures of works, etc.;

3. Amount and substantiality of portion used in relation to the whole works, etc.;

4. Effect of the use of works, etc. on the current or potential market for or value of

such work etc.

[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]

Article 36 (Use by Means of Translation, etc.) (1) If a work is used under Article 24-2,

25, 29, 30 or 35-3, the work may be used by means of translation, arrangement, or

adaptation. <Amended by Act No. 11110, Dec. 2, 2011; Act No. 12137, Dec. 30, 2013>

(2) If a work is used under Article 23, 24, 26, 27, 28, 32, 33, or 33-2, the work may

be used by means of translation.<Amended by Act No. 11110, Dec. 2, 2011; Act No. 11903,

Jul. 16, 2013>

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Article 37 (Indication of Sources) (1) A person who uses a work under this subsection

shall indicate its sources: Provided, That the same shall not apply to the cases of

Articles 26, 29 through 32, 34 and 35-2. <Amended by Act No. 11110, Dec. 2, 2011>

(2) The sources shall be clearly indicated in the manner and to the extent deemed

reasonable by the situation in which the work is used, and in cases of a work which

bears the author’s real name or pseudonym, such real name or pseudonym shall be

indicated.

Article 37-2 (Exclusion from Application)

@Articles 23, 25, 30 and 32 shall not apply to programs.

[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]

Article 38 (Relationship with Author’s Moral Rights)

No provisions of each Article of this Sub-section may be interpreted as affecting

author’s moral rights.

SubSection 3 Duration of Protection of Author’s Economic Right

Article 39 (Principles of Copyright Term) (1) The author’s economic right to a work

shall continue to subsist during the lifetime of an author and until the end of a period

of 70 years after the death of the author, unless otherwise provided in this Sub-

section. <Amended by Act No. 10807, Jun. 30, 2011>

(2) The author’s economic right to a joint work shall continue to subsist for a

period of 70 years after the death of the last surviving co-author.<Amended by Act No.

10807, Jun. 30, 2011>

Article 40 (Copyright Term of Anonymous and Pseudonymous Works) (1) The author’s

economic right to a work that is anonymous or bears the pseudonym which is not

widely known shall continue to subsist for a period of 70 years after it has been

made public: Provided, That within such period, if there are reasonable grounds for

recognizing that 70 years have lapsed after the death of the author, such economic

right shall be deemed to be extinguished at the time when it deems that 70 years

have lapsed after the death of the author. <Amended by Act No. 10807, Jun. 30, 2011>

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(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 referred to in paragraph (1);

2. Where the real name of an author is registered under Article 53 (1) during the

period referred to in paragraph (1).

Article 41 (Copyright Term of Works Made for Hire)

The author’s economic right to a work made for hire shall continue to subsist for a

period of 70 years after it has been made public: Provided, That if it has not been

made public within 50 years after its creation, the author’s economic right shall

continue to exist for a period of 70 years after its creation.<Amended by Act No. 10807,

Jun. 30, 2011>

Article 42 (Copyright Term of Cinematographic Works)

Notwithstanding the provisions of Articles 39 and 40, the author’s economic right to

cinematographic works shall continue to subsist for 70 years from the time of being

made public: Provided, That if they have not been made public within 50 years from

the time of their creation, the said right shall continue to subsist for 70 years from

the time of creation.<Amended by Act No. 10807, Jun. 30, 2011>

Article 43 (Time when Serial Publications, etc. Have Been Made Public) (1) In cases of

works which are made public in the form of volumes, issues, or installments or in

cases of works which are completed by making public in parts in a successive

manner, the time when a work has been made public pursuant to Article 40 (1) or 41

shall be determined by making public of each volume, issue or installment or by

making public of the last part. <Amended by Act No. 10807, Jun. 30, 2011>

(2) In cases 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 part supposed to follow next is not made public after three

years following the preceding part made public.

Article 44 (Commencement of Copyright Term)

The protection period of author’s economic right prescribed under this subsection

shall commence from the next year of the death of the author, or the creation of the

work, or is the making public of the work.

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SubSection 4 Transfer, Exercise and Expiry of Author’s Economic Right

Article 45 (Transfer of Author’s Economic Right) (1) Author’s economic right may be

transferred by assignment in whole or in part.

(2) Where author’s economic right is transferred by assignment in whole, the right

of the production and use of a derivative work under Article 22 shall be presumed

not to be included in the transfer, unless otherwise stipulated: Provided, That in

cases of a program, the right of production of a derivative work shall be presumed to

have been transferred together unless otherwise stipulated.<Amended by Act No. 9625,

Apr. 22, 2009>

Article 46 (Authorization to Use Works) (1) The holder of author’s economic right may

grant another person authorization to use the work.

(2) The person who obtained such authorization pursuant to 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 holder of

author’s economic right.

Article 47 (Exercise, etc. of Pledge Rights on Author’s Economic Right) (1) The

pledge right on the author’s economic right may be exercised with respect to

money or other goods to be received by the holder of author’s economic right as a

result of a transfer of the author’s economic right or exploitation of the work

(including remuneration for the establishment of the right of exclusive publication

under Article 57 and the right of publication under Article 63): Provided, That the

money or other goods shall be seized before payment or delivery. <Amended by Act No.

9625, Apr. 22, 2009; Act No. 11110, Dec. 2, 2011>

(2) The author’s economic right which has become the object of the pledge rights

shall be exercised by the holder of author’s economic right unless otherwise

stipulated in the contract of establishment of the pledge rights.<Newly Inserted by Act

No. 9625, Apr. 22, 2009>

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Article 48 (Exercise of Author’s Economic Right to Joint Works) (1) Author’s

economic right to a joint work may not be exercised without the unanimous

agreement of all the holders of author’s economic right, and no holder of author’s

economic right shall be entitled to transfer by assignment or pledge his/her share of

author’s economic right without the consent of the other authors. In such cases,

each holder may not 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. In such cases, if the degree of each contribution is not clear,

the profit may be equally apportioned to all the authors.

(3) The holder of author’s economic right to a joint work may renounce his/her

share. In cases of renunciation or death of a holder of author’s economic right

without heir, his/her 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 author’s economic right to a joint work.

Article 49 (Expiry of Author’s Economic Rights)

Author’s economic right shall expire in any of the following cases:

1. Where, after the author’s death without heir, author’s economic right are

attributed to the State according to provisions of the Civil Act and other Acts;

2. Where, after the dissolution of a legal person or an organization who is the holder

of author’s economic right, author’s economic right are attributed to the State

according to the provisions of the Civil Act and other Acts.

SECTION 5 Exploitation of Works Under Statutory License

Article 50 (Exploitation of Works Whose Holder of Author’s Economic Right is

Unknown) (1) Where any person fails, despite his/her considerable efforts to meet

the standards prescribed by Presidential Decree, to identify the holder of author’s

economic right to a work (excluding foreigners’ works) made public, or his/her

place of residence, and therefore is unable to obtain any authorization for its

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exploitation, he/she may exploit the work by depositing a remuneration as

determined by the Minister of Culture, Sports and Tourism after obtaining his/her

approval as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>

(2) The person who exploits a work pursuant to paragraph (1) shall indicate the

intention to use and the approval date.

(3) When the work legally licensed pursuant to the provisions of paragraph (1)

becomes the object of statutory license again, the procedures of considerable

endeavors corresponding to the standards prescribed by Presidential Decree

pursuant to the provisions of paragraph (1) may be omitted: Provided, That if the

holder of author’s economic right raises an objection according to the procedures

prescribed by Presidential Decree before approval on statutory license to the work,

the same shall not apply.

(4) The Minister of Culture, Sports and Tourism shall post the content of statutory

license on the information and communication network as prescribed by Presidential

Decree.<Amended by Act No. 8852, Feb. 29, 2008>

Article 51 (Broadcasting of Works Made Public)

Where a broadcasting organization which intends to broadcast a work already made

public for the sake of the public benefit has negotiated with the holder of author’s

economic rights but failed to reach an agreement, it may broadcast the work with

approval of the Minister of Culture, Sports and Tourism as prescribed by Presidential

Decree, and by paying to the holder of author’s economic right or depositing

remuneration as determined by the Minister of Culture, Sports and Tourism.

Article 52 (Production of Commercial Phonogram)

If three years have passed after the date of the first sale of a commercial phonogram

in the Republic of Korea, and if any person who intends to produce a commercial

phonogram by recording works already recorded on such phonogram has negotiated

with the holder of author’s economic right but failed to reach an agreement, he/she

may produce the phonogram with approval of the Minister of Culture, Sports and

Tourism as prescribed by Presidential Decree, and by paying to the holder of

author’s economic right or depositing remuneration under the standards determined

by the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb.

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29, 2008; Act No. 14083, Mar. 22, 2016>

SECTION 6 Registration and Authentication

Article 53 (Registration of Copyright) (1) An author may register any of the following:

1. Real name, pseudonym (limited to the case where pseudonym is used at the time

of making it public), nationality, domicile or residence of an author;

2. Title, types or date of creation of a work;

3. Whether a work has been made public, and the country and date/month/year in

which the work was first made public;

4. Other matters prescribed by Presidential Decree.

(2) In the absence of any special intention of the author at his/her death, the person

designated by the will of the author or his/her heir may register the items falling

under any of the subparagraphs of paragraph (1).

(3) The person whose real name is registered as the author pursuant to paragraphs

(1) and (2) shall be presumed to be the author of the registered work, and the work

whose date of creation or the date on which it has been made public for the first time

is registered shall be presumed to have been created or made public for the first

time on the date it has been registered: Provided, That where the date, month and

year of creation has been registered after one year passed from the time when a

work had been created, it shall not be presumed to have been created on the date,

month and year registered.<Amended by Act No. 9625, Apr. 22, 2009>

Article 54 (Registration and Effect of Changes in Rights, etc.)

The following may be registered, and shall not bind third parties without their

registration:<Amended by Act No. 11110, Dec. 2, 2011>

1. Transfer by assignment of author’s economic right (excluding that by inheritance

or other successions in general), or limitation on the disposal of author’s

economic right;

2. Establishment, transfer, alteration, extinction or limitation on the disposal of the

right of exclusive publication under Article 57 or the right of publication under

Article 63;

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3. Establishment, transfer, alteration, or expiry, or the limitation on the disposal of

the right of pledge on author’s property rights, exclusive rights of publication

pursuant to Article 57, and publication rights pursuant to Article 63.

Article 55 (Procedures, etc. for Registration) (1) The registration under Articles 53 and

54 shall be made by the Minister of Culture, Sports and Tourism by making an entry

in the copyright register (in cases of programs, referring to a program register;

hereafter the same shall apply in this Article). <Amended by Act No. 8852, Feb. 29, 2008;

Act No. 9625, Apr. 22, 2009>

(2) Where it falls under any of the following subparagraphs, the Minister of Culture,

Sports and Tourism may return the application: Provided, That if the deficiency in

the application can be corrected and the applicant corrects it on the day, the same

shall not apply:<Amended by Act No. 8852, Feb. 29, 2008>

1. Where the matters that have been applied for registration are not fit for

registration;

2. Where the application for registration does not conform to the form stipulated by

Ordinance of the Ministry of Culture, Sports and Tourism, or is not accompanied

with other necessary materials or documents.

(3) The Minister of Culture, Sports and Tourism shall publish a registration gazette

or post on the information and communications network regarding the registration

stated on the copyright register pursuant to the provisions of paragraph (1), and

where there is an applicant, he/she shall have him/her peruse the copyright register

or deliver copies thereof.<Amended by Act No. 8852, Feb. 29, 2008>

(4) Matters necessary for registration under paragraphs (1) through (3), return of

application for registration, publication of registration gazette or posting, perusal of

the copyright register and issuance of copies thereof, etc. shall be prescribed by

Presidential Decree.

Article 55-2 (Confidentiality Obligation)

Any person who conducts registration business pursuant to Articles 53 through 55

and who was in that position shall not divulge any secret he/she obtained on his/her

duty to others.

[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]

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Article 56 (Authentication of Holder of Right, etc.) (1) The Minister of Culture, Sports

and Tourism may designate an authentication organization for the security of

transaction of works, etc. and protection of confidence. <Amended by Act No. 8852, Feb.

29, 2008>

(2) Matters necessary for the designation and revocation of the designation of

authentication organization, authentication procedures, etc. pursuant to paragraph (1)

shall be prescribed by Presidential Decree.<Amended by Act No. 9625, Apr. 22, 2009>

(3) The authentication organization under paragraph (1) may collect fees for

authentication and the amount thereof shall be determined by the Minister of Culture,

Sports and Tourism.<Amended by Act No. 8852, Feb. 29, 2008>

SECTION 7 Exclusive Publication Right

Article 57 (Establishment of Exclusive Publication Right) (1) A person who holds the

right to publish or reproduce and interactively transmit (hereinafter referred to as

"publication, etc.") works, etc. may establish an exclusive right (hereinafter referred

to as "exclusive publication right" and excluding the right of publication under Article

63; hereinafter the same shall apply) for a person who intends to use such works,

etc. for publication, etc. <Amended by Act No. 11110, Dec. 2, 2011>

(2) The holder of author's economic right may establish a new exclusive publication

right to the extent that the methods and conditions of publication, etc. of relevant

works, etc. do not overlap.<Newly Inserted by Act No. 11110, Dec. 2, 2011>

(3) The person for whom the exclusive publication right (hereinafter referred to as

“holder of the exclusive publication right”) has been established under paragraph

(1) shall have the right to use the work that is the object of such exclusive

publication right by means of publication, etc., according to the terms of the contract

of establishment.<Amended by Act No. 11110, Dec. 2, 2011>

(4) If the right of pledge is established on the right of reproduction, distribution or

interactive transmission of a work, the holder of author's economic right may

establish the exclusive publication right only with the authorization of the pledgee.

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Article 58 (Obligations of Holder of Exclusive Publication Right) (1) Unless otherwise

stipulated in the contract of establishment, the holder of the exclusive publication

right shall use the work by means of publication, etc. within the period of nine

months from the date when he/she received manuscripts or other similar materials

which are necessary for the reproduction of the work. <Amended by Act No. 11110, Dec.

2, 2011>

(2) Unless otherwise stipulated in the contract of establishment, the holder of the

exclusive publication right shall continue to use the work by means of publication,

etc. in accordance with customary practice.<Amended by Act No. 11110, Dec. 2, 2011>

(3) Unless otherwise stipulated in the contract, the holder of the exclusive

publication right shall put a mark of holder of author's economic right on each

reproduction, as stipulated by Presidential Decree.<Amended by Act No. 11110, Dec. 2,

2011>

Article 58-2 (Revision, Addition or Reduction of Work) (1) If the holder of the

exclusive publication right reuses a work that is the object of its right by means of

publication, etc., the author may revise, add or reduce the contents of the work to the

extent that it is justified. <Amended by Act No. 11110, Dec. 2, 2011>

(2) Whenever the holder of the exclusive publication right intends to reuse a work

that is the object of its right by means of publication, etc., unless otherwise

stipulated in the contract, he/she shall notify the author of his/her intention in

advance.<Amended by Act No. 11110, Dec. 2, 2011>

Article 59 (Duration, etc. of Exclusive Publication Right) (1) The duration of the

exclusive publication right shall be three years from the date of its first publication,

etc., unless otherwise stipulated in the contract of establishment: Provided, That the

duration shall be five years where the exclusive publication right is established to

cinematize such work. <Amended by Act No. 11110, Dec. 2, 2011>

(2) If the author of the work which is the object of the exclusive publication right

dies within the duration of the exclusive publication right, the holder of author's

economic right, notwithstanding the provisions of paragraph (1), may reproduce the

work in a complete collection of works or other compilation work, or use the work by

means of publication, etc. by separating it from a complete collection of works or

other compilation work.<Amended by Act No. 11110, Dec. 2, 2011>

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Article 60 (Notification of Termination of Exclusive Publication Right) (1) If the holder of

the exclusive publication right has violated Article 58 (1) or (2), the holder of

author's economic right may call on him/her to fulfill his/her obligation for a

prescribed period of not shorter than six months. If the holder of the exclusive

publication right fails to do so during such period, the holder of author’s economic

right may notify him/her of the termination of his/her exclusive publication right.

(2) The holder of author's economic right may immediately notify the holder of the

exclusive right of publication of its termination, notwithstanding the provisions of

paragraph (1), when it is obvious that it is impossible for the holder of the exclusive

publication right to use the work by means of publication, etc., or that he/she has no

intention to do so.<Amended by Act No. 11110, Dec. 2, 2011>

(3) When the termination of the exclusive publication right is notified under the

provisions of paragraph (1) or (2), the exclusive publication right is presumed to

have been terminated on the date the holder of the exclusive publication right has

received such notification.<Amended by Act No. 11110, Dec. 2, 2011>

(4) In cases of paragraph (3), the holder of author's economic right may, at any time,

claim to the holder of the exclusive publication right for restitution or compensation

for damages accruing from the suspension of publication, etc. of the work.<Amended

by Act No. 11110, Dec. 2, 2011>

Article 61 (Distribution of Reproductions after Termination of Exclusive Publication

Right)

After the termination of the exclusive publication right on account of the expiration

of the duration of the right or other reasons, the holder of the exclusive publication

right shall not distribute copies reproduced within the duration of the right, except in

any of the following cases:<Amended by Act No. 11110, Dec. 2, 2011>

1. Where otherwise stipulated in the contract of establishment;

2. Where he/she has already paid any remuneration to the holder of author's

economic right for publication, etc. within the duration of the exclusive publication

right, and he/she distributes the number of copies equivalent to such payment.

Article 62 (Transfer by Assignment of, and Limitations on, Exclusive Publication Right,

etc.) (1) No holder of the exclusive publication right shall transfer or pledge such

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right without the consent of the holder of author's economic right.

(2) Articles 23, 24, 25 (1) through (3), 26 through 28, 30 through 33, 35 (2) and

(3), 35-2, 35-3, 36 and 37 shall apply mutatis mutandis to the reproduction, etc. of

works, etc. that are the object of the exclusive publication right.

[This Article Wholly Amended by Act No. 11110, Dec. 2, 2011]

SECTION 7-2 Special Provisions Concerning Publication

Article 63 (Establishment of Publication Right) (1) A person who holds the right to

reproduce or distribute a work (hereinafter referred to as "holder of the right of

reproduction") may establish the right to publish such work (hereinafter referred to

as "publication right") for a person who intends to publish such work in documents or

pictures by printing them or by other method similar thereto.

(2) A person for whom the publication right is established pursuant to paragraph (1)

(hereinafter referred to as "holder of the publication right") may hold the right to

publish the original copy of the work that is the object of the publication right as

prescribed by the act of establishment.

(3) Where the pledge has been established for the right of reproduction of relevant

work, the holder of the right of reproduction may establish the publication right

therefor only with the pledgee’s permit.

[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]

Article 63-2 (Mutatis Mutandis Application)

@Articles 58 through 62 shall apply mutatis mutandis to the publication right. In such

cases, "exclusive publication right" shall be construed as "publication right" and

"holder of author's economic right" as "holder of the right of reproduction."

[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]

CHAPTER III NEIGHBORING RIGHTS

SECTION 1 General Provisions

Article 64 (Protected Performance, Phonogram and Broadcast) (1) The following

performances, phonogram and broadcasts shall be protected pursuant to this Act:

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1. Performances:

(a) Performances conducted by nationals of the Republic of Korea (including legal

persons established under the Acts 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;

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

subparagraph 3 (excluding those included in sound or visual recordings before

transmission);

2. Phonograms:

(a) Phonograms produced by nationals of the Republic of Korea;

(b) Phonograms in which sounds have been fixed for the first time in the Republic

of Korea;

country party to the treaties and thus protected under such treaties to which the

Republic of Korea has acceded or which it has ratified and thus protected under

such treaties;

(d) Phonograms which are protected according to treaties in which the Republic of

Korea has acceded to or concluded, and whose producers are nationals (including

any legal person established pursuant to the Acts of the relevant contracting

country and any legal person whose main office is located in the relevant

contracting country) of the contracting country;

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;

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

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and thus protected under such treaties.

(2) Even in cases of performances, phonogram and broadcasts of foreigners

protected pursuant to paragraph (1), where the period of protection has expired in

the relevant foreign country, the period of protection under this Act shall not be

recognized.<Newly Inserted by Act No. 11110, Dec. 2, 2011>

Article 64-2 (Presumption of Performers, etc.)

A person whose real name or widely known pseudonym as a performer, phonogram

producer, or broadcasting organizations is indicated in a general manner in relation to

performance, phonogram or broadcasting protected pursuant to this Act shall be

presumed to have the right for such performance, phonogram or broadcasts as a

performer, phonogram producer or broadcasting organizations, respectively.

[This Article Newly Inserted by Act No. 10807, Jun. 30, 2011]

Article 65 (Relationship with Copyright)

The provisions of each Article in this Chapter shall not be construed as affecting

SECTION 2 Performers Right

Article 66 (Right of Paternity) (1) A performer shall have the right to indicate his/her

real name or pseudonym on his/her performance or the copy of his/her performance.

(2) Those who intend to exploit a performance shall indicate the real name or

pseudonym of the performer as he/she has indicated insofar as there is no special

declaration of intention by the performer: Provided, That if it is recognized as

unavoidable in view of the character of the performance, the purpose and form of

exploitation, etc., the same shall not apply.

Article 67 (Right of Integrity)

A performer shall have the right to maintain the identity of the content and form of

his/her performance: Provided, That if it is recognized as unavoidable in view of the

nature, or the purpose and manner of exploitation, etc., the same shall not apply.

Article 68 (Inalienability of Performer’s Moral Rights)

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The rights prescribed in Articles 66 and 67 (hereinafter referred to as “moral rights

of performer”) shall belong exclusively to the performer.

Article 69 (Right of Reproduction)

A Performer shall have the right to reproduce his/her performances.

Article 70 (Right of Distribution)

Performers shall have the right to distribute the copies of his/her performance:

Provided, That if the copies of performance have been offered to transactions by

means of sale, etc. with authorization of the performer, the same shall not apply.

Article 71 (Right of Rental)

Performers shall have the right to lend the commercial phonogram, in which his/her

performance is recorded, for profit-making purpose notwithstanding the provisions

of the proviso to Article 70.<Amended by Act No. 14083, Mar. 22, 2016>

Article 72 (Right of Public Performance)

Performers shall have the right to perform his/her performance publicly which has

not been fixed: Provided, That if the performance is for broadcasting, the same shall

not apply.

Article 73 (Right of Broadcasting)

Performers shall have the right to broadcast their stage performances: Provided,

That the same shall not apply to the performance which has been recorded with

authorization of the performer.

Article 74 (Right of Interactive Transmission)

Performers shall have the right to interactively transmit their performances.

Article 75 (Remuneration by Broadcasting Organizations to Performers) (1) When a

broadcasting organizations sends out a broadcast by using commercial phonograms in

which performances are recorded, it shall pay reasonable remuneration to the

performers: Provided, That when the performer is a foreigner and the relevant

foreign country does not recognize remuneration pursuant to the provisions of this

paragraph to the performer who is a national of the Republic of Korea, the same shall

not apply. <Amended by Act No. 14083, Mar. 22, 2016>

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(2) The provisions of Article 25 (5) through (9) shall apply mutatis mutandis to the

payment, etc. of remuneration under paragraph (1).

(3) The amount of remuneration which the organization referred to in paragraph (2)

may claim on behalf of the holder of right to remuneration shall be determined each

year by an agreement between the relevant organization and the broadcasting

organizations.

(4) If the organization and the broadcasting organization fails to reach an agreement

pursuant to paragraph (3), the organization or the broadcasting organization may

request for conciliation to the Korea Copyright Commission under Article 112 as

prescribed by Presidential Decree.<Amended by Act No. 9625, Apr. 22, 2009>

Article 76 (Remuneration by Digital Audio Transmission Organizations to Performers)

(1) When a digital audio transmission organization transmits by using phonogram in

which stage performances are recorded, it shall pay reasonable remuneration to the

performer.

(2) The provisions of Article 25 (5) through (9) shall apply mutatis mutandis to

payment of remuneration, etc. under paragraph (1).

(3) The amount of remuneration which the organization referred to in paragraph (2)

may claim on behalf of the holder of right to remuneration shall be determined every

year by an agreement between the organization and the digital audio transmission

organization within the period prescribed by Presidential Decree.

(4) If an agreement referred to in paragraph (3) is not reached, the amount fixed and

announced in public by the Minister of Culture, Sports and Tourism shall be paid.

Article 76-2 (Remuneration to Performers by Persons Doing Public Performance Using

Commercial Phonograms) (1) Any person doing a public performance using

commercial phonogram on which the performance is recorded shall pay a reasonable

remuneration to the relevant performer: Provided, That where a performer is a

foreigner, the same shall not apply when the performer's country does not recognize

a remuneration under this paragraph to a performer who is a national of the Republic

of Korea. <Amended by Act No. 14083, Mar. 22, 2016>

(2) Articles 25 (5) through (9) and 76 (3) and (4) shall apply mutatis mutandis to

the payment, amount, etc. of a remuneration under paragraph (1).

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[This Article Newly Inserted by Act No. 9529, Mar 25, 2009]

Article 77 (Joint Performers) (1) If two or more performers perform jointly in a chorus,

concert, or drama, etc., the rights of performers (excluding the performer’s moral

right) prescribed under this Section shall be exercised by a representative elected

by the joint performers: Provided, That where 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 performance, the consent of such vocalist

or instrument player shall be obtained.

(3) The provisons of Article 15 shall apply mutatis mutandis to the exercise of the

moral rights of joint performers.

SECTION 3 Rights of Phonogram Producers

Article 78 (Right of Reproduction)

Phonogram producers shall have the right to reproduce their phonogram.

Article 79 (Right of Distribution)

Phonogram producers shall have the right to distribute their phonogram: Provided,

That the copies of phonogram have been offered to transactions by means of sale,

etc. with authorization of the phonogram producers, the same shall not apply.

Article 80 (Right of Rental)

Notwithstanding the provisions of the proviso to Article 79, phonogram producers

shall have the right to authorize commercial rental of phonogram for the purpose of

making profits.<Amended by Act No. 14083, Mar. 22, 2016>

Article 81 (Right of Interactive Transmission)

Phonogram producers shall have the right to interactively transmit their phonograms.

Article 82 (Remuneration to Phonogram Producers by Broadcasting Organization) (1)

Where a broadcasting organization sends out broadcasts by using commercial

phonograms, it shall pay reasonable remuneration to the phonograms producer:

Provided, That when the phonograms producer is a foreigner and the foreign country

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concerned does not recognize remuneration under this paragraph to the phonograms

producer who is a national of the Republic of Korea, the same shall not apply.

(2) The provisions of Articles 25 (5) through (9) and 75 (3) and (4) shall apply

mutatis mutandis to the payment, amount, etc. of remuneration under paragraph (1).

Article 83 (Remuneration to Phonogram Producers by Digital Audio Transmission

Organization) (1) Where a digital audio transmission organization transmits by using

commercial phonogram, it shall pay reasonable remuneration to the phonogram

producer.

(2) The provisions of Articles 25 (5) through (9) and 76 (3) and (4) shall apply

mutatis mutandis to the payment, amount, etc. of remuneration under paragraph (1).

Article 83-2 (Remuneration to Phonogram Producers by Persons Performing in Public

Using Commercial Phonogram) (1) Any person doing a public performance using a

commercial phonogram shall pay a reasonable remuneration to the relevant

phonogram producer: Provided, That where a phonogram producer is a foreigner, the

same shall not apply when the producer's country does not recognize remuneration

under this paragraph to a phonogram producer who is a national of the Republic of

Korea. <Amended by Act No. 14083, Mar. 22, 2016>

(2) Articles 25 (5) through (9) and 76 (3) and (4) shall apply mutatis mutandis to

the payment, amount, etc. of a remuneration under paragraph (1).

[This Article Newly Inserted by Act No. 9529, Mar 25, 2009]

SECTION 4 Rights of Broadcasting Organization

Article 84 (Right of Reproduction)

Broadcasting organizations shall have the right to reproduce their broadcasts.

Article 85 (Right of Simultaneous Broadcasting)

Broadcasting organizations shall have the right to authorize their broadcasts to

rebroadcast simultaneously.

Article 85-2 (Right of Public Performance)

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A broadcasting organization has the right to publicly perform its broadcasts, when

the public performance is made in place accessible to the general public charging an

entrance fee with regard to watching the broadcast.

[This Article Newly Inserted by Act No. 10807, Jun. 30, 2011]

SECTION 5 Term of Protection for Neighboring Right

Article 86 (Term of Protection) (1) Neighboring rights shall commence from the time

that falls under the following and shall not require any procedures or formalities:

1. For performances, when the performance took place;

2. For phonograms, when the first fixation of sound was done;

3. For broadcasts, when the broadcasts was sent out.

(2) Neighboring rights (excluding moral rights of performers; hereinafter the same

shall apply) shall continue to remain for 70 years (50 years in cases of broadcasts)

counting from the year following the year falling under any of the following:<Amended

by Act No. 11110, Dec. 2, 2011>

1. For performances, when the performance took place: Provided, That if a

phonogram on which the performance is fixed is published within 50 years from the

time such performance took place, when the phonogram is published;

2. For phonogram, when the phonogram was released: Provided, That phonograms

have not been released until after 50 years have passed counting from the year

after the year when the sound was first fixed on the phonogram, the time when the

sound was first fixed on the phonogram;

3. For broadcasts, when the broadcast was sent out.

SECTION 6 Limitations on, Transfers of Ownership, Exercise, etc. of Neighboring

Rights

Article 87 (Limitations on Neighboring Rights) (1) Articles 23, 24, 25 (1) through (3),

26 through 32, 33 (2), 34, 35-2, 35-3, 36 and 37 shall apply mutatis mutandis to

the use of performances, phonograms or broadcasts that are the objects of

neighboring rights. <Amended by Act No. 11110, Dec. 2, 2011>

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(2) Where a digital audio transmission organization transmits by making use of a

phonogram on which performance is recorded pursuant to Articles 76 (1) and 83 (1),

he/she may temporarily reproduce a phonogram on which performance is recorded

by his/her own means. In such cases, Article 34 (2) shall apply mutatis mutandis to

the period of keeping such copy.<Newly Inserted by Act No. 9625, Apr. 22, 2009>

Article 88 (Transfers by Assignment, Exercise, etc. of Neighboring Rights)

@Article 45 (1) shall apply mutatis mutandis to the transfer by assignment of

neighboring rights; Article 46 to authorization to exploit performance, phonogram or

broadcast; Article 47 to the exercise of the right of pledge established on

neighboring rights; Article 49 to the termination of neighboring rights; and Articles

57 through 62 to the establishment, etc. of the exclusive publication right of

performance, phonogram or broadcast, respectively.

[This Article Wholly Amended by Act No. 11110, Dec. 2, 2011]

Article 89 (Statutory License for Use of Performance, Phonogram and Broadcast)

The provisions of Articles 50 through 52 shall apply mutatis mutandis to the use of

performances, phonograms and broadcasts.

Article 90 (Registration of Neighboring Rights)

@Articles 53 through 55 and 55-2 shall apply mutatis mutandis to the registration of

neighboring rights or the right of exclusive publication of neighboring rights. In such

cases, the term "copyright register" in Article 55 shall be construed as "register of

neighboring rights".<Amended by Act No. 9625, Apr. 22, 2009; Act No. 11110, Dec. 2, 2011>

CHAPTER IV PROTECTION OF DATABASE PRODUCERS

Article 91 (Database Under Protection) (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;

2. Foreign nationals protected by the treaties to which the Republic of Korea has

acceded or which it has concluded in relation with the protection of database.

(2) Even for a foreign national database protected under paragraph (1), if the

foreigner’s country does not protect the database of nationals of the Republic of

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Korea, the protection under the treaties and this Act may be limited proportionately

therewith.

Article 92 (Exception from Application)

The provisions of this Chapter shall not be applicable to the database falling under

either of the following subparagraphs:

1. Computer programs which are used for the production, renewal, etc. or operation

of the database;

2. Database which are produced or renewed, etc. in order to have wireless or wire

communications technically possible.

Article 93 (Rights of Database Producers) (1) Database producers shall hold the rights

to reproduce, distribute, broadcast, or interactively transmit (hereafter referred to as

the “reproduction, etc.” in this Article) the whole or considerable parts of relevant

database.

(2) Individual materials 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 materials of database or of the portions

falling short of their considerable parts, if the said reproductions conflict with the

normal exploitation of relevant database, or infringe unduly on the interests 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 materials forming

constituent parts of the database, and other rights protected under this Act.

(4) Protections under this Chapter shall not extend to the materials themselves

forming constituent parts of the database.

Article 94 (Limitations on Rights of Database Producers) (1) Articles 23, 28 through

34, 35-2, 35-3, 36 and 37 shall apply mutatis mutandis to the use of database which

is the object of the rights of database producers. <Amended by Act No. 11110, Dec. 2,

2011>

(2) In either of the following cases, a person may reproduce, distribute, broadcast or

interactively transmit the whole or considerable parts of database: Provided, That

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the same shall not apply where it is in conflict with the normal exploitation of

relevant database:

1. Where being used for education, scholarship or research: Provided, That the same

shall not apply to the case aiming at profit-making;

2. Where being used for the news reporting.

Article 95 (Period of Protection) (1) The rights of database producers shall commence

from the time of completing a production of database, and shall continue to exist for

five years counting from the next year of the completion.

(2) Where a considerable investment in human or material resources has been made

for the renewal, etc. of database, the rights of database producers for the relevant

parts shall commence from the time of making relevant renewal, etc., and shall

remain effective for five years counting from the next year of the renewal.

Article 96 (Transfer, Exercise, etc. of Rights of Database Producers)

The proviso to Article 20 shall apply mutatis mutandis to the offer of database for

transaction, Article 45 (1) to the transfer of rights of database producers, Article 46

to the authorization of the use of database, Article 47 to the exercise of the right of

pledge established on the rights of database producers, Article 48 to the exercise of

rights by the database producers of joint databases, Article 49 to the termination of

rights of database producers, and Articles 57 through 62 to the establishment, etc. of

the exclusive publication right of database, respectively.

[This Article Wholly Amended by Act No. 11110, Dec. 2, 2011]

Article 97 (Statutory License for Use of Database)

The provisions of Articles 50 and 51 shall apply mutatis mutandis to the use of

database.

Article 98 (Registration of Rights of Database Producers)

@Articles 53 through 55 and 55-2 shall apply mutatis mutandis to the registration of

rights of database producers and the exclusive publication right of database

producer’s right. In such cases, the term "copyright register" in Article 55 shall be

construed as "database producer's right register".<Amended by Act No. 9625, Apr. 22,

2009; Act No. 11110, Dec. 2, 2011>

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CHAPTER V SPECIAL CASES CONCERNING CINEMATOGRAPHIC WORKS

Article 99 (Cinematization of Works) (1) If the holder of author’s economic right

authorizes another person to exploit his/her work by means of cinematization, such

authorization shall be presumed to include the following rights, unless otherwise

expressly stipulated:

1. To dramatize a work for the production of a cinematographic work;

2. To publicly screen a cinematographic work aiming at a public screening;

3. To broadcast a cinematographic work aiming at broadcasting;

4. To interactively transmit a cinematographic work aiming at a interactive

transmission;

5. To reproduce and distribute a cinematographic work for its original purpose;

6. To exploit the translation of a cinematographic work in the same manner as the

cinematographic work.

(2) If the holder of author’s economic right authorizes a person to exploit his/her

work by means of cinematization, unless otherwise stipulated, he/she may authorize,

after the lapse of five years from the date of his/her authorization, the cinematization

of the work in another form of cinematographic work.

Article 100 (Rights to Cinematographic Works) (1) 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 to the said cinematographic work,

the rights necessary for the exploitation of such cinematographic work shall be

presumed to have been transferred to the producer of the cinematographic work

unless otherwise expressly stipulated.

(2) The copyright to a novel, play, work of art or musical work used for the

production of a cinematographic work shall not be affected by the provision of

paragraph (1).

(3) The right to reproduce under Article 69, the right to distribute under Article 70,

the right to broadcast under Article 73, and the right to interactively transmit under

Article 74 with regard to the use of a cinematographic work of a performer who

agreed with the producer of a cinematographic work to cooperate in the production of

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a cinematographic work shall be presumed to have been transferred to the producer

of cinematographic works, unless otherwise expressly stipulated.

Article 101 (Rights of Producers of Cinematographic Works) (1) Rights 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, interactive

transmission, and others, and the said producer may transfer the rights, 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, distribute, broadcast or interactive transmit the

said cinematographic work, and it may be interactively transferred or a pledge may

be established thereon.

CHAPTER V-2 SPECIAL RULES CONCERNING CINEMATOGRAPHIC WORKS

Article 101-2 (Objects of Protection)

This Act shall not apply to the following subparagraphs used to prepare programs:

1. Programming language: Characters, symbols and their systems as means

expressing programs;

2. Protocol: A special agreement on how to use programming language in a specific

program;

3. Algorithm: Combination methods of instructions and commands in a program.

[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]

Article 101-3 (Limitations on Author's Economic Right of Program) (1) In any of the

following cases, a program released may be reproduced or distributed to the extent

necessary for that purpose: Provided, That where it unreasonably prejudices the

interest of the holder of author's economic right in the light of types and purposes of

programs, relative importance of a reproduced part in a program and the number of

copies of reproduction or such, the same shall not apply:

1. Where a program is reproduced for a trial or investigation;

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2. Where a program is reproduced or distributed for the purpose of providing it to a

course of lessons by any person who is responsible for education at schools under

the Early Childhood Education Act, the Elementary and Secondary Education Act

and the Higher Education Act, and in educational institutions (limited to educational

institutions by which educational attainments for entrance into a school of higher

level are authorized or which confer an academic degree) established pursuant to

other Acts;

3. Where a program is reproduced to be published in textbooks for the educational

purpose of schools under the Elementary and Secondary Education Act and schools

equivalent thereto;

4. Where a program is reproduced for personal purposes (excluding cases for the

purpose of profit-making) in the confined place like home;

5. Where a program is reproduced or distributed for the purpose (excluding cases

for the purpose of profit-making) of entrance examinations of schools under the

Elementary and Secondary Education Act and the Higher Education Act and of

schools equivalent thereto, or of other examinations or official approval for

scholarship or skill;

6. Where a program is reproduced for the purpose of research, study, test of

functions of a program to confirm ideas and principles which form the foundation of

a program (only when any person who uses a program with legitimate authority is

using the relevant program).

(2) Programs (limited to cases in which they are legitimately acquired) may be

temporarily reproduced during the course of using a computer for the maintenance

and repair of such computer.<Newly Inserted by Act No. 11110, Dec. 2, 2011>

(3) Any person who intends to publish a program in textbooks pursuant to paragraph

(1) 3 shall pay a remuneration under the standards determined and announced by the

Minister of Culture, Sports and Tourism to the relevant holder of author's economic

right. The provisions of Article 25 (5) through (9) shall apply mutatis mutandis to

payment of a remuneration.

[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]

Article 101-4 (Decompilation of Program Codes) (1) Where any person who uses a

program with legitimate authority or any person who has obtained his/her permission

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cannot easily obtain necessary information for compatibility and it is inevitable for

him/her to obtain the information, he/she may perform decompilation of program

codes without obtaining permission of the holder of author’s economic right of the

program limited to necessary part for compatibility of the relevant program.

(2) Where information obtained through decompilation of program codes under

paragraph (1) falls under any of the following subparagraphs, it shall not be used:

1. Where information is exploited for the purpose other than the purpose of

compatibility or is provided to a third party;

2. Where a program or expression subject to a reverse engineering of program code

is exploited in development, production and sale of substantially similar programs

or in infringement of copyright of the program.

[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]

Article 101-5 (Reproduction for Storage by Legitimate Users) (1) Any person who

possesses and uses a copy of program with legitimate authority may reproduce the

relevant copy to the extent necessary to provide against destruction, damage or

deterioration or such of the copy.

(2) When any person who possesses or uses a copy of program has lost the right to

possess and use a copy of the relevant program, he/she shall destroy the copy made

pursuant to paragraph (1) unless the holder of author’s economic right of the

program specially expresses his/her intention: Provided, That where he/she has lost

the right to possess and use a copy of program because the relevant copy of program

has been destroyed, the same shall not apply.

[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]

Article 101-6 Deleted. <by Act No. 11110, Dec. 2, 2011>

Article 101-7 (Bailment of Program) (1) The holder of author’s economic right of a

program and any person who has been authorized to use the program may bail the

source code and technical information or such of the program to a person prescribed

by Presidential Decree (hereafter referred to as “bailee” in this Article) by mutual

consent.

(2) Any person who has been authorized to use a program may, when a reason

stipulated in the consent obtained pursuant to paragraph (1) has arisen, request the

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bailee to provide him/her the source code and technical information or such of the

program.

[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]

CHAPTER VI LIMITATION ON LIABILITY OF ONLINE SERVICE PROVIDERS

Article 102 (Limitation on Liability of Online Service Providers) (1) Even if copyright or

other rights protected pursuant to this Act are infringed in relation to any of the

following subparagraphs, an online service provider shall not be responsible for such

infringement, where he/she meets all of the following requirements in the items

pursuant to each subparagraph: <Amended by Act No. 10807, Jun. 30, 2011; Act No. 11110,

Dec. 2, 2011>

1. An act of transmitting, routing or providing connections for works etc. without

modifying their contents, or automatic, intermediate or temporary storage of such

works etc. in the course thereof within a reasonably necessary period for such

transmission:

(a) Where an online service provider has not initiate the transmission of works,

etc.;

(b) Where an online service provider has not selected works, etc. or the recipients

thereof;

policy that provides for termination of the accounts (referring to the accounts

with the right to use relevant services, used by an online service provider to

identify and manage users; hereafter the same shall apply in this Article and

Articles 103-2, 133-2 and 133-3) of persons who repeatedly infringe on

(d) Where the online service provider has accommodated and has not interfered

with standard technical measures used by the holder of right that are designed to

identify and protect works, etc. and meet the conditions under Presidential

Decree;

2. An act of storing works, etc. transmitted at the request of service users in an

automatic, mediating or temporary manner so that subsequent users can efficiently

access or receive such works, etc.:

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(a) Where the requirements under the items of subparagraph 1 are all met;

(b) Where an online service provider has not modified such works, etc.;

temporarily stored works, etc. is permitted to users who have complied with

such condition;

(d) Where an online service provider has complied with the rules on updating

works, etc. that are determined by a person who reproduces or interactively

transmits works, etc. (hereinafter referred to as "interactive transmitter or

reproducer") under data communications protocol for computers or information

and communications networks generally recognized in the industry: Provided,

That this shall not apply where an interactive transmitter or reproducer has

determined rules on updating for the purposes of unreasonably restricting such

storage;

(e) Where an online service provider has not interfered with the use of

technologies generally recognized within such industry, which are applied to

obtain information on the use of works, etc. at the originating site of the works,

etc.;

(f) Where an online service provider immediately removed or disabled access to

the works etc., when an online service provider is required to suspend

reproduction or interactive transmission under Article 103 (1), where such

works, etc. are removed or made inaccessible at the original website, or where

he/she actually becomes aware of the fact that the court or the head of a central

administrative agency has issued an order to delete such works, etc. or make

them inaccessible;

3. An act of storing works, etc. in the computer of an online service provider at the

request of a reproducer or interactive transmitter:

(a) Where the requirements under the items of subparagraph 1 are all met;

(b) When an online service provider has the right and ability to control the

infringing activity, where he/she has not obtained any financial benefit directly

attributable to the infringing activity;

obtains actual knowledge of the fact or circumstance that infringement is evident

through the request, etc. to suspend reproduction or interactive transmission

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under Article 103 (1), where he/she has immediately suspended the

reproduction or interactive transmission of such works, etc.;

(d) Where an online service provider has designated and announced a person to

receive demand to suspend reproduction or interactive transmission pursuant to

Article 103 (4);

4. An act of allowing users to know the location of works, etc. on information and

communications networks or connecting them thereto through information search

tools:

(a) Where the requirements under subparagraph 1 (a) are met;

(b) Where the requirements under subparagraph 3 (b) through (d) are met.

(2) Notwithstanding the provisions of paragraph (1), where it is technologically

impossible for an online service provider to take measures under paragraph (1),

he/she shall not be responsible for the infringement of copyright or other rights

protected pursuant to this Act due to the reproduction or interactive transmission of

works, etc. by other persons.<Amended by Act No. 10807, Jun. 30, 2011>

(3) In relation to the limitation on liability under paragraph (1), an online service

provider shall not be obligated to monitor any infringement within his/her services or

actively investigating such infringement.<Newly Inserted by Act No. 10807, Jun. 30, 2011>

Article 103 (Suspension of Reproduction or Interactive Transmission) (1) Any person

who claims that his/her copyright and other rights protected under this Act are

infringed (hereafter referred to in this Article as "claimant to a right") due to the

reproduction or interactive transmission of works, etc. through the use of services

by an online service provider (excluding cases under Article 102 (1) 1; hereafter the

same shall apply in this Article), may demand the online service provider, by

vindicating the said facts, to suspend the reproduction or interactive transmission of

the works, etc. <Amended by Act No. 10807, Jun. 30, 2011>

(2) Where an online service provider is requested to suspend the reproduction or

interactive transmission under paragraph (1), he/she shall immediately suspend the

reproduction or interactive transmission of such works, etc. and notify a claimant to

the right of such fact: Provided, That an online service provider referred to in Article

102 (1) 3 or 4 shall also notify the reproducer or interactive transmitter of such

works, etc.<Amended by Act No. 10807, Jun. 30, 2011>

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(3) Where the reproducer or interactive transmitter, upon receipt of notification

under paragraph (2), vindicates that his/her reproduction or interactive transmission

is made with legitimate authority, and demands a resumption of such reproduction or

interactive transmission, the online service provider shall promptly notify the

claimant to the right of the fact of demanding a resumption and the scheduled date of

resumption, and shall have the reproduction or interactive transmission resumed on

the said scheduled date: Provided, That this shall not apply where the claimant to a

right notifies an online service provider before the scheduled date of resumption, of

the fact that he/she has filed a lawsuit against the act of infringement of reproducer

or interactive transmitter.<Amended by Act No. 11110, Dec. 2, 2011>

(4) The online service provider shall make an announcement, by designating the

person who is demanded to suspend or to resume the reproduction or interactive

transmission under paragraphs (1) and (3) (hereafter referred to in this Article as

“recipient”), so as to have the users of facilities or services of the provider know

with ease.

(5) Where the online service provider has made an announcement pursuant to

paragraph (4), and has suspended or resumed the reproduction or interactive

transmission of relevant works, etc. under paragraphs (2) and (3), the liability of the

online service provider for the infringement on third parties’ copyright and other

rights protected under this Act, and the liability of the online service provider for the

losses incurred to the reproducer or interactive transmitter, shall be exempted:

Provided, That this shall not apply to the liability arisen from the time when the

online service provider has known the facts that the copyright and other rights

protected under this Act were infringed due to the reproduction or interactive

transmission of works, etc. by third parties to the time of demanding the suspension

under paragraph (1).<Amended by Act No. 10807, Jun. 30, 2011; Act No. 11110, Dec. 2, 2011>

(6) Any person who demands, without legitimate authority, the suspension or

resumption of the reproduction or interactive 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 interactive transmission, designation of a recipient, and public notice,

etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree. In

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such cases, the Minister of Culture, Sports and Tourism shall make a prior

consultation with the heads of related central administrative agencies.<Amended by Act

No. 8852, Feb. 29, 2008; Act No. 10807, Jun. 30, 2011>

Article 103-2 (Scope of Court Orders Issued to Online Service Providers) (1) Where the

court orders necessary measures pursuant to Article 123 (3) to an online service

provider who meets the requirements under Article 102 (1) 1, it may order the

following measures only:

1. Termination of certain accounts;

2. Reasonable measures to prevent the access to specific foreign websites.

(2) Where the court orders necessary measures pursuant to Article 123 (3) to an

online service provider who meets the requirements under Article 102 (1) 2 through

4, it may order the following measures only:

1. Deletion of illegal copies;

2. Measures to prevent the access to illegal copies;

3. Termination of specific accounts;

4. Other measures deemed by the court as necessary to the extent a minimum

burden is imposed on an online service provider.

[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]

Article 103-3 (Request for Information on Reproducers and Interactive Transmitters)

(1) Where the claimant to a right has requested an online service provider to provide

information owned by such online service provider, such as the names and addresses

of the relevant reproducer and interactive transmitter to the minimum extent

necessary to file a civil lawsuit or bring criminal charges, but the online service

provider has refused such request, the claimant to the right may request the Minister

of Culture, Sports and Tourism to issue an order to the online service provider to

provide such information.

(2) In receipt of a request under paragraph (1), the Minister of Culture, Sports and

Tourism may order the online service provider to submit information on the relevant

reproducer and interactive transmitter, after undergoing deliberation by the

by Act No. 14083, Mar. 22, 2016>

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(3) The online service provider shall submit relevant information to the Minister of

Culture, Sports and Tourism within seven days from receipt of an order under

paragraph (2), and the Minister of Culture, Sports and Tourism shall provide such

information to a person who has made a request under paragraph (1), without delay.

(4) No person provided with information on the relevant reproducer or interactive

transmitter pursuant to paragraph (3) shall use such information for the purposes

other than those requested under paragraph (1).

(5) Other matters necessary for the provision of information on reproducers or

interactive transmitters shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]

Article 104 (Obligation, etc. of Online Service Providers of Special Type) (1) The online

service provider who aims principally at enabling interactive transmission of works,

etc. by using computers between other persons (hereinafter referred to as “online

service provider of special type”) shall take necessary measures, such as

technological measures, etc. that block illegal forwarding of the relevant work, etc.

upon request from the holder of rights. In such cases, matters regarding the request

of holder of rights and necessary measures shall be prescribed by Presidential

Decree. <Amended by Act No. 9625, Apr. 22, 2009>

(2) The Minister of Culture, Sports and Tourism may lay down and announce the

extent of online service provider of special type under paragraph (1).<Amended by Act

No. 8852, Feb. 29, 2008>

CHAPTER VI-2 PROHIBITION OF CIRCUMVENTING TECHNOLOGICAL

PROTECTION MEASURES, ETC

Article 104-2 (Prohibition of Circumventing Technological Protection Measures) (1) No

person shall circumvent the technological protection measures under subparagraph

28 (a) of Article 2 by intention or negligence without legitimate authority by

removing, altering or bypassing such measures: Provided, That this shall not apply in

any of the following:

1. Where a person engaged in research of encryption circumvents technological

protection measures to the extent necessary to research flaws or vulnerability of

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encryption technologies applied to such works, etc. after legitimately obtaining the

copy of the works, etc.: Provided, That the foregoing shall be limited to cases

where he/she has made a considerable effort to obtain a permission for the use

necessary for such research from the holder of rights, but failed to do so;

2. Where he/she includes components or parts circumventing technological

protection measures in technology, products, services or devices in order to

prevent minors from accessing online works, etc. harmful to minors: Provided, That

the foregoing shall be limited to cases where no ban is imposed pursuant to

paragraph (2);

3. Where it is necessary to identify functions of non-disclosure collecting and

distributing personally identifiable information capable of verifying individuals'

online activities and circumventing them: Provided, That the foregoing shall not

apply where it affects other persons' access to works, etc.;

4. Where it is necessary for law enforcement, legitimate information collection,

guarantee of security, etc. by the State;

5. Where it is necessary for educational institutions and education supporting

institutions under Article 25 (2), libraries under Article 31 (1) (limited to non-

profit libraries) or archive management institutions under the Public Records

Management Act to determine whether to purchase works, etc.: Provided, That the

foregoing shall be limited to cases where any access thereto is impossible without

circumventing technological protection measures;

6. Where a person who uses programs with legitimate authority engages in

decompilating program codes to the extent necessary to secure compatibility with

other programs;

7. Where it is necessary for a person who has legitimate authority to inspect,

investigate, or correct the security of computers or information and

communications networks;

8. Cases determined and notified by the Minister of Culture, Sports and Tourism

according to the procedures prescribed by Presidential Decree as it is deemed that

the legitimate use of works, etc. of specific types is unreasonably affected or likely

to be affected by the prohibition of circumventing technological protection

measures. In such cases, the effect of such exception shall be valid for three years.

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(2) No person may manufacture, import, distribute, interactively transmit, sell or

rent, offer to the general public for subscription, advertise to sell or rent, store or

possess to distribute the following devices, products or parts, or provide the relevant

services, without legitimate authority:

1. Those publicized, advertised or promoted for the purpose of circumventing

technological protection measures;

2. Those having limited business purposes or uses other than circumventing

technological protection measures;

3. Those designed, produced or remodeled, or performed for the main purpose of

making circumventing technological protection measures possible or easy.

(3) Notwithstanding the provisions of paragraph (2), the aforementioned shall not

apply in either of the following cases:

1. Cases falling under paragraph (1) 1, 2, 4, 6 and 7 in relation to technological

protection measures under subparagraph 28 (a) of Article 2;

2. Cases falling under paragraph (1) 4 and 6 in relation to technological protection

measures under subparagraph 28 (b) of Article 2.

[This Article Newly Inserted by Act No. 10807, Jun. 30, 2011]

Article 104-3 (Prohibition of Removal, Alteration, etc. of Rights Management

Information) (1) No person shall do any of the following acts without legitimate

authority either knowingly or without knowing by negligence that such acts may

cause or conceal the infringement of copyright or other rights protected pursuant to

this Act: <Amended by Act No. 11110, Dec. 2, 2011>

1. Act of deliberately removing, altering or falsely adding rights management

information;

2. Act of distributing rights management information or importing such information

for the purpose of distribution, upon knowing that such information has been

removed or altered without legitimate authority;

3. Act of distributing, publicly performing or publicly transmitting the original or

copies of relevant works, etc. or the reproduction thereof or of importing them for

the purpose of distribution, upon knowing that rights management information has

been removed, altered or falsely added without legitimate authority.

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(2) Paragraph (1) shall not apply where it is necessary for national law enforcement,

legitimate information collection, guarantee of security, etc.

[This Article Newly Inserted by Act No. 10807, Jun. 30, 2011]

Article 104-4 (Prohibition of Circumvention, etc. of Encrypted Broadcasting Signals)

No person shall conduct any of the following acts:

1. Act of manufacturing, assembling, altering, importing, exporting, selling, or

renting, or delivering with other means, devices, products, major components,

programs, or other tangible or intangible measures for the purposes of decoding

(encoding) encrypted broadcasting signals without consent of a broadcasting

organization, either knowingly or without knowing by negligence that such

measures will be mainly used for such purposes: Provided, That this shall not apply

to cases falling under Article 104-2 (1) 1, 2 or 4;

2. Where encrypted broadcasting signals have been decoded with legitimate

authority, act of publicly transmitting such signals upon knowing such fact to other

persons for profit without consent of a broadcasting organization;

3. Act of listening to or viewing or publicly transmitting to other persons by

receiving encrypted broadcasting signals, upon knowing that such signals have

been decoded without consent of a broadcasting organization.

[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]

Article 104-5 (Prohibition of Forging, etc. of Labels)

No person shall conduct any of the following acts without legitimate authority:

1. Act of forging labels of works, etc. to be attached, enclosed or added to illegal

copies or their documents or packaging, or act of distributing forged labels or

owning them for the purpose of distribution upon knowing such fact;

2. Act of distributing labels produced upon obtaining a permit from the holder of right

of works, etc. or a person who has received consent from the holder of right,

beyond the permitted range, or act of redistributing forged labels or owning them

for the purpose of redistribution upon knowing such fact;

3. Act of forging documents or packaging distributed together with legitimate copies

of works, etc. to use them for illegal copies, or act of distributing forged documents

or packaging or owning them for the purpose of distribution upon knowing such

fact.

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[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]

Article 104-6 (Prohibition of Recording, etc. of Cinematographic Works)

No person shall record cinematographic works protected by copyright at a movie

theater, etc. screening such works with a recording device without consent of the

holder of author's economic right, or publicly transmit such works.

[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]

Article 104-7 (Prohibition of Transmitting Signals Prior to Broadcasting)

No person shall transmit signals to be transmitted to a broadcasting organization

(excluding cases in which the signals are transmitted for the purposes of allowing

the public to directly receive them) to any third person without legitimate authority.

[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]

Article 104-8 (Claim, etc. of Suspension or Prevention of Infringement)

A person who holds copyrights or other rights protected pursuant to this Act may

request suspension or prevention of infringement, security for damages, damages or

statutory damages in lieu thereof against a person who has violated Articles 104-2

through 104-4, and may request suspension and prevention of infringement against

a person who has done an act under Article 104-2 (1) without intention or

negligence. In such cases, Articles 123, 125, 125-2, 126 and 129 shall apply mutatis

mutandis.<Amended by Act No. 11110, Dec. 2, 2011>

[This Article Newly Inserted by Act No. 10807, Jun. 30, 2011]

CHAPTER VII COPYRIGHT TRUST SERVICE

Article 105 (Permission, etc. for Copyright Trust Service) (1) Any person who intends to

engage in a copyright trust service shall obtain permission from the Minister of

Culture, Sports and Tourism as prescribed by Presidential Decree; and a person who

intends to engage in a copyright agency or brokerage service shall report thereon to

the Minister of Culture, Sports and Tourism as prescribed by Presidential Decree:

Provided, That the Minister of Culture, Sports and Tourism may designate a public

institution under the Act on the Management of Public Institutions as an organization

that provides copyright trust service. <Amended by Act No. 8852, Feb. 29, 2008; Act No.

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14083, Mar. 22, 2016>

(2) Anyone who intends to operate the copyright trust service pursuant to the

provisions of paragraph (1) shall satisfy the following requirements, prepare

regulations defining the duties of copyright trust service as prescribed by

Presidential Decree and submit them together with an application for permission for

That the requirements prescribed in subparagraph 1 shall not apply to a public

institution referred to in the proviso to paragraph (1):<Amended by Act No. 8852, Feb. 29,

2008; Act No. 14083, Mar. 22, 2016>

1. That it shall be an organization comprised of the holders of right to works, etc.;

2. That it shall not aim at profit-making;

3. That it shall have sufficient capability to execute the duties, such as the collection,

distribution, etc. of fees.

(3) Any person falling under any of the following subparagraphs shall not be eligible

to obtain a license to engage in a copyright trust service or copyright agency or

brokerage service (hereinafter referred to as “copyright trust service”) under

paragraph (1) or report it:<Amended by Act No. 14634, Mar. 21, 2017>

1. Any incompetent person under the adult guardianship or quasi-incompetent

person under the limited guardianship;

2. Any person who has been declared bankrupt and has not yet been reinstated;

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 any of

subparagraphs 1 through 4 is the representative or executive officer.

(4) Any person who has obtained permission or reported for copyright trust service

under paragraph (1) (hereinafter referred to as “copyright trust service provider”)

may collect fees for his/her services from the holder of author’s economic rights or

other interested persons.

(5) The rate and amount of fees under paragraph (4) and the rate and amount of

usage fee that a copyright trust service provider receives from users shall be

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determined by the copyright trust service provider after he/she obtains approval

from the Minister of Culture, Sports and Tourism. In such cases, the Minister of

Culture, Sports and Tourism shall collect opinions of interested persons, as

prescribed by Presidential Decree.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 14083,

Mar. 22, 2016>

(6) As for approval under paragraph (5), the Minister of Culture, Sports and Tourism

may approve after going through the deliberation of the Korea Copyright Commission

pursuant to Article 112, and may ,if necessary, set the period of time for the

approval or approve after correcting the content in the application .<Amended by Act

No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009>

(7) Where there is an application for approval on the rate or amount of usage fee

pursuant to the provisions of paragraph (5) or where the Minister of Culture, Sports

and Tourism has granted approval, he/she shall announce the content thereof as

prescribed by Presidential Decree.<Amended by Act No. 8852, Feb. 29, 2008>

(8) Where it is necessary for the protection of rights of the holder of author’s

economic right and other parties or for the contribution of convenience of use of

works, etc., the Minister of Culture, Sports and Tourism may change the content of

approval pursuant to the provisions of paragraph (5).<Amended by Act No. 8852, Feb. 29,

2008>

Article 106 (Obligation of Copyright Trust Service Provider) (1) The copyright trust

service provider shall prepare a list of works, etc. that he/she manages on a quarter

year basis in written or electronic form as prescribed by Presidential Decree so that

all the people may peruse the list during business hours at the least.

(2) Where a user requests in writing, the copyright trust service provider shall

supply the information under his/her management necessary for concluding

exploitation contract of works, etc., which is prescribed by Presidential Decree,

within a considerable period of time in writing, unless there are justifiable causes to

the contrary.

(3) Where necessary for users' convenience, the Minister of Culture, Sports and

Tourism may request a copyright trust service provider that receives usage fees

under Article 105 (5) or an organization that collects remunerations from persons

who do public performance using commercial phonogram under Articles 76-2 and

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83-2 to make an integrated collection, as prescribed by Presidential Decree. In such

cases, the copyright trust service provider or remuneration collection organization in

receipt of such request shall comply therewith unless there is any good cause.

(4) A copyright trust service provider or remuneration collection organization may

entrust the affairs related to the integrated collection of usage fees and

remunerations as prescribed in paragraph (3) to a person prescribed by Presidential

Decree.<Newly Inserted by Act No. 14083, Mar. 22, 2016>

(5) A copyright trust service provider or remuneration collection organization that

entrusts affairs related to collection under paragraph (4), shall pay entrustment

commission, as prescribed by Presidential Decree.<Newly Inserted by Act No. 14083, Mar.

22, 2016>

(6) Necessary matters concerning the time frame for, and methods, etc. of,

settlement of usage fees and remunerations collected under paragraph (3) shall be

prescribed by Presidential Decree.<Newly Inserted by Act No. 14083, Mar. 22, 2016>

Article 107 (Request for Perusal of Documents)

The copyright trust service provider may request for perusal of documents needed

for the calculation of usage fee for the relevant works from the person who uses the

works, etc. under his/her management for commercial purposes. In such cases, the

user shall comply therewith unless there is a justifiable reason to the contrary.

Article 108 (Supervision) (1) The Minister of Culture, Sports and Tourism may demand

a copyright trust service provider to submit a necessary report on the duties of the

(2) In order to promote the protection of rights and interests of authors and the

convenient use of works, the Minister of Culture, Sports and Tourism may issue

necessary orders concerning copyright trust service.<Amended by Act No. 8852, Feb. 29,

2008>

Article 109 (Cancellation, etc. of Permission) (1) The Minister of Culture, Sports and

Tourism may order the suspension of business for a specified period of not longer

than six months, if a copyright trust service provider commits any of the following

subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 14083, Mar. 22, 2016>

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1. Where he/she has received an amount in excess of the fee approved pursuant to

the provisions of Article 105 (5);

2. Where he/she has received an additional usage fee in addition to the usage fee

approved pursuant to the provisions of Article 105 (5);

3. Where he/she has failed to make a report under Article 108 (1) without any

justifiable reason or made a false report;

4. Where he/she has received an order under Article 108 (2), and failed to fulfill the

order without any justifiable reason;

5. Where he/she has received a request to make integrated collection under Article

106 (3), and failed to comply with the request without any justifiable reason.

(2) The Minister of Culture, Sports and Tourism may cancel permission for, or order

to close copyright trust service if a copyright trust service provider commits any of

the following subparagraphs:<Amended by Act No. 8852, Feb. 29, 2008>

1. That the copyright trust service provider has obtained permission or made a

report by fraudulent or unlawful means;

2. That the copyright trust service provider continues to engage in the business after

receiving an order of suspension under paragraph (1).

Article 110 (Hearings)

If the Minister of Culture, Sports and Tourism intends to cancel the permission for,

or order to close copyright trust service pursuant to the provisions of Article 109

(2), he/she shall hold a hearing.<Amended by Act No. 8852, Feb. 29, 2008>

Article 111 (Imposition of Penalty Surcharge) (1) When a copyright trust service

provider falls under any of the subparagraphs of Article 109 (1) and thus has to be

given a disposition of business suspension, the Minister of Culture, Sports and

Tourism may impose and collect a penalty surcharge not exceeding 1/100 of the

usage fees and remunerations collected in the immediately preceding year, in lieu of

the disposition of business suspension, as prescribed by Presidential Decree:

Provided, That where it is impractical to calculate the amount to be collected, the

Minister may impose and collect a penalty surcharge in an amount not exceeding one

billion won. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 14083, Mar. 22, 2016>

(2) When the person who has been given a disposition of business suspension

pursuant to the provisions of paragraph (1) fails to pay the penalty surcharge by the

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payment deadline, the Minister of Culture, Sports and Tourism shall collect it in the

same manner as delinquent national taxes are collected.<Amended by Act No. 8852, Feb.

29, 2008; Act No. 14083, Mar. 22, 2016>

(3) The penalty surcharge collected pursuant to the provisions of paragraphs (1) and

(2) may be used by the collecting body to establish order of healthy use of works.

(4) Matters necessary for the amount of penalty surcharge in accordance with the

kind, degree, etc. of violation for which a penalty surcharge is imposed pursuant to

the provisions of paragraph (1), procedures for use of penalty surcharge pursuant to

the provisions of paragraph (3), etc. shall be prescribed by Presidential Decree.

CHAPTER VIII KOREA COPYRIGHT COMMISSION

Article 112 (Establishment of Korea Copyright Commission) (1) In order to deliberate

on matters concerning copyright and other rights (hereafter referred to as

“copyright” in this Chapter) protected pursuant to this Act, and to mediate and

conciliate disputes concerning copyright (hereinafter referred to as “dispute”), and

to conduct business necessary for the promotion of the rights and interests of right

holders and protection and fair use of works, etc., the Korea Copyright Commission

(hereinafter referred to as the “Commission”) shall be established. <Amended by Act

No. 14083, Mar. 22, 2016>

(2) The Commission shall be a legal person.

(3) The provisions on an incorporated foundation under the Civil Act shall apply

mutatis mutandis to matters not prescribed in this Act regarding the Commission. In

such cases, a member of the Commission shall be deemed a director.

(4) Any person who is not the Commission shall not use the name of the Korea

[This Article Wholly Amended by Act No. 9625, Apr. 22, 2009]

Article 112-2 (Organization of the Commission) (1) The Commission shall be

comprised of members no less than 20 but no more than 25 including one

chairperson and two vice-chairpersons.

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(2) Members shall be appointed by the Minister of Culture, Sports and Tourism from

among the persons referred to in the following subparagraphs, and the chairperson

and vice-chairpersons shall be elected from among the members. In such cases, the

Minister of Culture, Sports and Tourism shall strike a balance between the number of

members who reflect the interest of holders of rights which are protected by this Act

and the number of members who reflect the interest of users thereof, and may

request organizations of holders of a right by field or organizations of users by field

or such to recommend members:

1. Those who majored in the field related to copyright as those who are or were

associate professors or higher, or in the position equivalent thereto in a college or

authorized research institution;

2. Those who are in the position of a judge or public prosecutor, or those who have

qualification for a lawyer;

3. Those who are experienced in business in the field of copyright or cultural

industry as those who are or were public officials in Grade IV or higher, or in the

position in a public institution equivalent thereto;

4. Those who are or were in the position of executive officer of an organization

related to copyright or cultural industry;

5. Those who have extensive knowledge and wide experience in business related to

(3) A term of office of members shall be three years and they may be reappointed:

Provided, That a term of office of a member who is appointed to the designated post

shall be the term of the post he/she holds.

(4) When a vacancy occurs in the membership of the Commission, a substitute

member shall be appointed pursuant to paragraph (2), and a term of office of the

substitute member shall be the remainder of his/her predecessor’s term of office:

Provided, That if the number of members is no less than 20, a substitute member

need not be appointed.

(5) Subcommittees by field may be established in order to efficiently conduct

business of the Commission. A resolution made by a subcommittee with respect to

matters entrusted by the Commission shall be deemed made by the Commission.

[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]

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Article 113 (Functions)

The Commission shall perform the following functions:<Amended by Act No. 8852, Feb.

29, 2008; Act No. 9625, Apr. 22, 2009>

1. Mediation or conciliation of disputes;

2. Deliberation of the matters concerning the rate or amount of fee and usage fee for

deliberation of the matters presented for consideration by the Minister of Culture,

Sports and Tourism or jointly by three or more members;

3. Projects for setting up order in the use of works, etc. and for promoting fair use of

works;

4. International cooperation for the protection of copyright;

5. Research, education and publicity of copyright;

6. Support to the formulation of policy on copyright;

7. Measures of technological protection and support to the formulation of policy on

rights management information;

8. Construction and operation of information management system for the provision of

9. Appraisal of infringement, etc. of copyright;

10. Deleted;<by Act No. 14083, Mar. 22, 2016>

11. Duties prescribed as duties of the Commission or duties entrusted to the

Commission pursuant to statutes;

12. Other duties entrusted by the Minister of Culture, Sports and Tourism.

Article 113-2 (Mediation) (1) Any person seeking for mediation for dispute settlement

may apply for mediation by filing an application with the Commission.

(2) When the Commission has received an application for mediation pursuant to

paragraph (1), the chairperson shall appoint a member from among the members and

have him/her mediate.

(3) Where a member responsible for mediation deems that a dispute is not possible

to be settled through mediation, he/she may discontinue mediation.

(4) When an application for conciliation has been made under this Act with respect to

a dispute under mediation, the relevant mediation shall be deemed to have been

suspended.

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(5) When mediation has been effected, a member responsible for mediation shall

prepare a written mediation and put his/her name and seal on it with the relevant

persons.

(6) Matters necessary for application of and procedures for mediation shall be

prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]

Article 114 (Conciliation Division) (1) In order for the Commission to effectively

execute the duties of dispute conciliation, a conciliation division comprised of one

member, or three or more members, including one member qualified as a lawyer.

(2) Matters necessary for the composition, operation, etc. of conciliation division

pursuant to the provisions of paragraph (1) shall be prescribed by Presidential

Decree.

Article 114-2 (Application, etc. for Conciliation) (1) Any person who wants for dispute

conciliation may apply for conciliation by filing an application for conciliation in which

the intention and cause of application is stated with the Commission.

(2) The conciliation division under Article 114 shall make conciliation of a dispute

pursuant to paragraph (1).

[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]

Article 115 (Non-Disclosure)

The procedures of conciliation shall be kept closed to the public in principle:

Provided, That the head of conciliation division may permit those who are recognized

as appropriate with the consent of the relevant parties to attend the procedures.

Article 116 (Limitation on Use of Statement)

The statements made by the relevant parties or interested persons at the conciliation

procedures shall not be used at the lawsuit or arbitration proceeding.

Article 117 (Conclusion of Conciliation) (1) Conciliation shall take effect by entering

the matters that have been agreed upon between the relevant parties in the record.

(2) The record pursuant to the provisions of paragraph (1) shall have the same

effect as the court settlement: Provided, That the same shall not apply to the matters

that cannot be disposed of voluntarily by the relevant parties.

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Article 118 (Conciliation Expense, etc.) (1) Conciliation expense shall be borne by the

applicant: Provided, That where conciliation has been concluded and unless special

agreement exists, the relevant parties shall share the expense equally.

(2) Matters necessary for application of and procedures for conciliation, and

payment methods of conciliation expense shall be prescribed by Presidential Decree.

(3) The amount of conciliation expense pursuant to paragraph (1) shall be

determined by the Commission.<Amended by Act No. 9625, Apr. 22, 2009>

Article 119 (Appraisal) (1) The Commission may, where a case falls under any of the

following subparagraphs, make an appraisal: <Amended by Act No. 9625, Apr. 22, 2009>

1. Where a court or investigation agency requests for an appraisal of infringement of

2. Where both parties to conciliation of a dispute request for an appraisal of a

program and electronic information or such related to the program for dispute

conciliation pursuant to Article 114-2 to make

(2) Matters necessary for the procedures, methods, etc. of appraisal pursuant to the

provisions of paragraph (1) shall be prescribed by Presidential Decree.

(3) When the Commission makes an appraisal pursuant to the provisions of

paragraph (1), it may collect appraisal fee and the amount shall be determined by the

Commission.

Article 120 (Copyright Technology Center) (1) In order to effectively execute the duties

in subparagraphs 7 and 8 of Article 113, the Commission shall have Copyright

Technology Center. <Amended by Act No. 9625, Apr. 22, 2009>

(2) Matters necessary for operation of Copyright Technology Center shall be

prescribed by Presidential Decree.<Newly Inserted by Act No. 9625, Apr. 22, 2009>

Article 121 Deleted. <by Act No. 9625, Apr. 22, 2009>

Article 122 (Subsidy, etc.) (1) The State may contribute money or provide subsidy for

expenses necessary for operation of the Commission within budgetary limits.

(2) Individuals, legal persons or organizations may contribute money or other

property to the Commission in order to support the execution of duties pursuant to

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the provisions of subparagraphs 3, 5 and 8 of Article 113.

(3) The contributions pursuant to the provisions of paragraph (2) shall be held in a

separate account and approval from the Minister of Culture, Sports and Tourism shall

be obtained for the use thereof.<Amended by Act No. 8852, Feb. 29, 2008>

CHAPTER VIII-II KOREA COPYRIGHT PROTECTION AGENCY

Article 122-2 (Establishment of Korea Copyright Protection Agency) (1) There is

hereby established the Korea Copyright Protection Agency (hereinafter referred to

as the "Protection Agency") to provide services related to the protection of

(2) The Protection Agency shall be a corporation.

(3) The Government may contribute money or provide subsidy for expenses

required for the establishment, facilities, operation, etc. of the Protection Agency

within budgetary limits.

(4) Except as expressly provided for in this Act and the Act on the Management of

Public Institutions, the provisions of the Civil Act that are relevant to an incorporated

foundation shall apply mutatis mutandis in regard to the Protection Agency.

(5) No one other than the Protection Agency under this Act shall not use the title of

the Korea Copyright Protection Agency or any title similar thereto.

[This Article Newly Inserted by Act No. 14083, Mar. 22, 2016]

Article 122-3 (Articles of Incorporation of Protection Agency)

The articles of incorporation of the Protection Agency shall include the following

matters:

1. Purpose;

2. Name;

3. Matters concerning the main office;

4. Matters concerning executive officers and employees;

5. Matters concerning the operation of the board of directors;

6. Matters concerning the Copyright Protection Deliberation Committee referred to in

Article 122-6;

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7. Matters concerning duties;

8. Matters concerning property and accounting;

9. Matters concerning the amendment of the articles of incorporation;

10. Matters concerning the establishment, amendment and repeal of internal

regulations.

[This Article Newly Inserted by Act No. 14083, Mar. 22, 2016]

Article 122-4 (Executive Officers of Protection Agency) (1) The Protection Agency

shall have not more than nine directors including one chairperson, and one auditor;

the auditor and directors excluding the chairperson shall be part-time, and the

chairperson shall preside over meetings of the board of directors.

(2) The chairperson shall be appointed and dismissed by the Minister of Culture,

Sports and Tourism.

(3) The term of office of the chairperson shall be three years.

(4) The chairperson shall represent and exercise overall control over the Protection

Agency.

(5) Where the chairperson is unable to perform his/her duties in extenuating

circumstances, one of directors in the order enumerated in the articles of

incorporation shall act on behalf of the chairperson.

(6) No person who falls under any subparagraph of Article 33 of the State Public

Officials Act shall be an executive officer of the Protection Agency referred to in

paragraph (1).

[This Article Newly Inserted by Act No. 14083, Mar. 22, 2016]

Article 122-5 (Functions)

The functions of the Protection Agency shall be as follows:

1. Support for the establishment and implementation of policies for protection of

copyrights;

2. Fact-finding survey and production of statistics on infringement of copyrights;

3. Research and development of technology for protection of copyrights;

4. Provision of support to the investigation and regulation of infringements on

copyrights under subparagraph 26 of Article 5 of the Act on the Persons

Performing the Duties of Judicial Police Officers and the Scope of Their Duties;

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5. Deliberation on corrective orders issued by the Minister of Culture, Sports and

Tourism under Article 133-2;

6. Making recommendations to online service providers to take corrective measures

and making requests to the Minister of Culture, Sports and Tourism to issue

corrective orders under Article 133-3;

7. Affairs prescribed as duties of the Protection Agency or entrusted to it, by Acts

and subordinate statutes;

8. Other affairs entrusted by the Minister of Culture, Sports and Tourism.

[This Article Newly Inserted by Act No. 14083, Mar. 22, 2016]

Article 122-6 (Composition of Deliberation Committee) (1) In order to conduct

deliberations under Articles 103-3, 133-2 and 133-3 and to deliberate on the

matters requested by the chairperson of the Protection Agency or referred to by the

chairperson of the Deliberation Committee in connection with the protection of

as the "Deliberation Committee") shall be established under the Protection Agency.

(2) The Deliberation Committee shall be comprised of not less than five nor more

than ten members, including one chairperson, and there shall be a balance between

the number of the members representing the interest of the holders of the rights

protected by this Act and the number of the members representing the interest of

the users.<Amended by Act No. 14432, Dec. 20, 2016>

(3) The chairperson of the Deliberation Committee shall be elected by and from

among its members.

(4) Members of the Deliberation Committee shall be commissioned by the Minister of

Culture, Sports and Tourism in compliance with Presidential Decree from among

persons with extensive knowledge of and experience in copyright, cultural industry,

law, etc.,.

(5) The term of office of a member of the Deliberation Committee shall be three

years, and the consecutive appointment may be permitted.

(6) Other matters necessary for the composition and operation of the Deliberation

Committee shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 14083, Mar. 22, 2016]

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CHAPTER IX REMEDIES FOR INFRINGEMENT OF RIGHTS

Article 123 (Right of Demanding Suspension, etc. of Infringement) (1) Any person who

holds the copyright or other rights protected under this Act (excluding the rights to

be compensated under Articles 25, 31, 75, 76, 76-2, 82, 83 and 83-2; hereafter the

same shall apply in this Article) may demand of a person infringing his/her rights to

suspend such act or demand a person likely to infringe on his/her rights to take

preventive measures or to provide a security for compensation for damages.

(2) If a person who holds the copyright or other rights protected under this Act

makes a demand under paragraph (1), he/she may demand destruction 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 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) With respect to paragraph (3), where a final 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/her request.

Article 124 (Act Construed as 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: <Amended by Act No. 9625, Apr. 22, 2009>

1. The importation into the Republic of Korea, for the purpose of distribution therein

of goods made by an act which would infringe on copyright or other rights

protected under this Act, if they were made within the Republic of Korea at the

time of such importation;

2. The possession, for the purpose of distribution, of goods produced by an act that

constitutes an infringement on copyright or other rights protected under this Act

(including those imported as referred to in subparagraph 1) with the knowledge of

such infringement;

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3. Exploitation in business of a copy (including imported goods pursuant to

subparagraph 1) of a program made in infringement of copyright of a program by a

person who has acquired it with the knowledge of such infringement.

(2) An act of using a work in a manner prejudicial to the honor or reputation of the

author shall be considered to be an infringement of his/her moral rights.<Amended by

Act No. 10807, Jun. 30, 2011>

(3) Deleted.<by Act No. 10807, Jun. 30, 2011>

Article 125 (Claim for Damages) (1) Where the holder of author’s economic right or

other rights (excluding author’s moral right and performer’s moral right)

protected under this Act (hereinafter referred to as “holder of author’s economic

right, etc.”) claims compensation against a person who has infringed on his/her

rights intentionally or by negligence for damages sustained from the relevant

infringement, if the infringing person has gained any profit by his/her infringement,

the relevant amount of profit shall be presumed to be the amount of damages

sustained by the holder of author’s economic right, etc.

(2) Where the holder of author’s economic right, etc. claims compensation against a

person who has infringed on his/her rights intentionally or by negligence for damages

sustained from the relevant 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 holder of author’s economic right, etc., and a claim therefor may

be made.

(3) Notwithstanding the provisions of paragraph (2), where the amount of damages

sustained by the holder of author’s economic right, etc. exceeds the amount under

paragraph (2), a claim for such exceeding amount may be made.

(4) Any person who has infringed on copyright, exclusive publication right (including

cases applied mutatis mutandis under Articles 88 and 96), publication right,

neighboring right or right of database producer which is registered shall be presumed

to have been negligent in the relevant infringement.<Amended by Act No. 9625, Apr. 22,

2009; Act No. 11110, Dec. 2, 2011>

Article 125-2 (Claim of Statutory Damages) (1) A holder of author's economic right,

etc. may claim considerable damages within the scope of up to ten million won (50

million won in cases of intentionally infringing rights for profit) for each work, etc.

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whose right is infringed in lieu of the actual amount of damages or the amount of

damages determined pursuant to Article 125 or 126 against a person who has

infringed on rights intentionally or by negligence before a trial proceedings of the

relevant is concluded.

(2) For the purpose of paragraph (1), compilation works and derivative works which

use two or more works as their material shall be deemed a single work.

(3) In order for the holder of author's economic right, etc. to make a claim pursuant

to paragraph (1), relevant works, etc. shall be registered pursuant to Articles 53

through 55 (including cases applied mutatis mutandis under Articles 90 and 98)

before the act of infringement occurs.

(4) In receipt of a claim under paragraph (1), the court may recognize a considerable

amount of damages within the scope under paragraph (1) in consideration of the

purport of defense and the results of evidence examination.

[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]

Article 126 (Acknowledgement of the Amount of Damages)

When the fact is admitted that some damages have been done, but it is difficult to

estimate the amount of damage under Article 125, the court may acknowledge a

considerable amount of damage, in the light of the purport of pleading and the results

of evidence examination.

Article 127 (Claim for Restoration of Reputation, etc.)

An author or performer may demand of the person who has infringed on the

author’s moral right or performer’s moral right wilfully or by negligence to take

measures necessary for the restoration of his/her reputation in lieu of or together

with compensation for damages.

Article 128 (Protection of Author’s Moral Interests after Death)

After the death of an author, his/her bereaved family (referring to the surviving

spouse, children, parents, grand children, grand parents, brothers and sisters of the

deceased author) or the executor of his/her will may, pursuant to Article 123, claim

compensation from a person who has violated or is likely to violate the provisions of

Article 14 (2) in respect of the work concerned, or, may, pursuant to Article 127,

demand restoration of his/her reputation from a person who has infringed on

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author’s moral right intentionally or by negligence or who has violated the

provisions of Article 14 (2).

Article 129 (Infringement on Rights to Joint Work)

Each author of a joint work or each holder of author’s economic right to a joint

work shall be entitled to make the demand pursuant to Article 123 without the

consent of other authors or other holders of author’s economic right, or to claim

compensation for damages to his/her share in a joint work regarding the infringement

on author’s economic right pursuant to Article 125.

Article 129-2 (Provision of Information) (1) Where deemed necessary for collecting

evidence upon request of the party concerned in a lawsuit against the infringement of

other party concerned to provide the following information that he/she holds or

knows:

1. Information capable of identifying the act of infringement or a party related to the

production and distribution of illegal copies;

2. Information on the routes of production and distribution of illegal copies.

(2) Notwithstanding the provisions of paragraph (1), the other party concerned may

refuse to provide information in any of the following cases:

1. Where any of the following persons might be indicted or found guilty:

(a) The other party concerned;

(b) A person who is or was a relative of the other party concerned;

2. Where it is intended to protect trade secrets (referring to trade secrets under

subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret

Protection Act; hereinafter the same shall apply) or privacy, or where other

justifiable grounds for refusing the provision of information exist.

(3) Where the other party concerned fails to comply with the order to provide

information without any justifiable ground, the court may recognize argument on

information by the party concerned as true.

(4) Where deemed necessary to determine whether there are justifiable grounds

prescribed in paragraph (2) 2, the court may require the other party concerned to

provide necessary information. In such cases, the court shall not disclose the

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provided information to anyone, unless it is necessary to hear the opinion of the

party concerned who has requested the provision of information or his/her

representative in order to determine whether the justifiable grounds exist.

[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]

Article 129-3 (Order of Secrecy Maintenance) (1) Where all of the following grounds

have been substantiated in regard to the trade secrets owned by the party concerned

in a lawsuit against the infringement of copyright or other rights protected pursuant

to this Act (excluding rights to receive compensation under Articles 25, 31, 75, 76,

76-2, 82, 83, 83-2 and 101-3; hereafter the same shall apply in this Article), the

court may, by decision, order the other party concerned, an agent representing the

party concerned in the lawsuit or other persons who have become aware of the trade

secrets from the lawsuit to neither use such trade secrets for purposes other than

the purpose of continuing the lawsuit, nor disclose such trade secrets to persons

other than those related to the trade secrets and issued with the order under this

paragraph, upon request of the party concerned: Provided, That this shall not apply

where, until such request is made, the other party concerned, an agent representing

the party concerned in the lawsuit or other persons who have become aware of the

trade secrets from the lawsuit have already obtained such trade secrets by means

other than the perusal of preparatory documents or evidence examination under

subparagraph 1:

1. That trade secrets are included in preparatory documents to have already been

submitted or to be submitted, or in evidence (including information provided

pursuant to Article 129-2 (4)) to have already been investigated or to be

investigated;

2. That the use or disclosure of trade secrets under subparagraph 1 for purposes

other than the purpose of carrying out the lawsuit is likely to harm the business of

the party concerned, and thus it is necessary to restrict the use or disclosure of

trade secrets in order to prevent such harm.

(2) The application for an order under paragraph (1) (hereinafter referred to as

"order of secrecy maintenance") shall be made in documents stating the following

matters:

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1. The party subject to order of secrecy maintenance;

2. The facts that are sufficient to identify the trade secrets subject to order of

secrecy maintenance;

3. The facts falling under the grounds prescribed in each subparagraph of paragraph

(1).

(3) Where an order of secrecy maintenance has been decided, the written decision

shall be served on the party subject to order of secrecy maintenance.

(4) Order of secrecy maintenance shall take effect from the time the written decision

under paragraph (3) is served on the party subject to it .

(5) An immediate appeal may be made against the ruling that has dismissed or

rejected the application for an order of secrecy maintenance.

[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]

Article 129-4 (Revocation of Secrecy Maintenance Order) (1) Where the party who has

applied for or received an order of secrecy maintenance fails to meet, or no longer

meets, the requirements prescribed in Article 129-3 (1), he/she may request the

court keeping the records of proceedings (where no court is keeping the records of

proceedings, referring to the court that has issued the confidentiality order) to

revoke the order.

(2) The court ruling on the application for revocation of a secrecy maintenance order

shall serve the applicant and the other party concerned with the written decision.

(3) An immediate appeal may be made against the court ruling of the application for

revocation of the confidentiality order.

(4) A court ruling to revoke a secrecy maintenance order shall take its effect only

when it becomes final and conclusive.

(5) Where any person other than the applicant for revocation of a secrecy

maintenance order and the other party concerned has received the secrecy

maintenance order about the relevant trade secrets, the court that held the trial to

revoke the confidentiality order shall immediately notify such person of the purport

of the trial to revoke the secrecy maintenance order.

[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]

Article 129-5 (Notification, etc. of Application Including Perusal of Records of

Proceedings) (1) Where a decision under Article 163 (1) of the Civil Procedure Act

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has been made on the records of proceedings of the trial that issued an secrecy

maintenance order (excluding a trial that has revoked secrecy maintenance order in

whole), if the party concerned applied for the perusal, etc. of the part containing

confidential information prescribed in the same paragraph through a person not

subject to secrecy maintenance order in the relevant lawsuit, the court

administrative officer, junior court administrative officer, chief court clerk or senior

court clerk (hereafter referred to as "junior court administrative officer, etc." in this

Article) shall notify a person who made application under Article 163 (1) of the Civil

Procedure Act (excluding a person who applied for the perusal, etc. thereof) of the

purport of such an application, right after the application for perusal, etc. thereof is

made.

(2) In cases falling under paragraph (1), no junior court administrative officer, etc.

shall allow the person who has taken the procedures for such application for perusal,

etc. the part containing confidential information under paragraph (1) until two weeks

pass from the date of the application under paragraph (1) (where the application for

the secrecy maintenance order for the person who has taken the procedures for such

application is made within the period, referring to the point when the trial for such

application becomes final and conclusive).

(3) In regard to allowing the person who has applied for the perusal, etc. under

paragraph (1) to peruse, etc. the part containing confidential information under

paragraph (1), paragraph (2) shall not apply where all of the parties concerned who

have made an application under Article 163 (1) of the Civil Procedure Act consent

thereto.

[This Article Newly Inserted by Act No. 11110, Dec. 2, 2011]

CHAPTER X SUPPLEMENTARY PROVISIONS

Article 130 (Delegation and Entrustment of Authority)

The Minister of Culture, Sports and Tourism may delegate part of his/her authority

pursuant to this Act to the Special Metropolitan City Mayor, a Metropolitan City

Mayor, Do Governor and Special Self-Governing Province Governor as prescribed

by Presidential Decree, or may entrust it to the Commission, Protection Agency, or

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Apr. 22, 2009; Act No. 14083, Mar. 22, 2016>

Article 131 (Legal Fiction as Public Official in Application of Penal Provisions)

Members and employees of the Commission, executive officers and employees of the

Protection Agency, and members of the Deliberation Committee shall be deemed

public officials in the application of Articles 129 through 132 of the Criminal Act.

Article 132 (Fees)

Those who apply, etc. for a matter falling under any of the following subparagraphs

pursuant to this Act shall pay a fee, as stipulated by Ordinance of the Ministry of

Culture, Sports and Tourism:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22,

2009; Act No. 11110, Dec. 2, 2011>

1. Those who apply for approval of statutory license (including the cases applied

mutatis mutandis pursuant to Articles 89 and 97) pursuant to Articles 50 through

52;

2. Those who apply for registration (including the cases applied mutatis mutandis

pursuant to Articles 90 and 98), modifications of the registered matters, perusal of

registers and issuance of copies thereof pursuant to Articles 53 through 55;

3. Those who apply for permission or report copyright trust service pursuant to

Article 105.

Article 133 (Collection, Destruction and Deletion of Illegal Copies) (1) When the

Minster of Culture, Sports and Tourism, the Special Metropolitan City Mayor, a

Metropolitan City Mayor, a Do Governor and a Special Self-Governing Province

Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu)

finds out copies (excluding copies which are interactively transmitted through

information and communication networks) that infringe on copyright or other rights

protected pursuant to this Act, or tools, devices, information and programs

manufactured to circumvent technological protection measures for works, etc.,

he/she may have the relevant public officials collect, destroy or delete them pursuant

to the procedures and methods prescribed by Presidential Decree. <Amended by Act

No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009>

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(2) The Minster of Culture, Sports and Tourism may entrust the duties pursuant to

the provisions of paragraph (1) to an organization prescribed by Presidential Decree.

In such cases, those who are engaged in these duties shall be deemed public officials.

(3) Where the relevant public officials, etc. collect, destroy or delete them pursuant

to paragraphs (1) and (2), the Minster of Culture, Sports and Tourism may request

the relevant organization for cooperation if necessary.<Amended by Act No. 8852, Feb. 29,

2008; Act No. 9625, Apr. 22, 2009>

(4) Deleted.<by Act No. 9625, Apr. 22, 2009>

(5) The Minister of Culture, Sports and Tourism may set up and operate structures

necessary for the duties pursuant to paragraph (1).<Amended by Act No. 8852, Feb. 29,

2008; Act No. 9625, Apr. 22, 2009>

(6) Where the provisions of paragraphs (1) through (3) conflict with the provisions

of other Acts, this Act shall prevail to the extent of the conflict.<Amended by Act No.

9625, Apr. 22, 2009>

Article 133-2 (Orders, etc. for Deletion of Illegal Copies, etc. through Information and

Communications Networks) (1) Where a copy or information which infringes on

(hereinafter referred to as "illegal copies, etc.") which circumvents technological

protection measures is interactively transmitted through information and

communications network, the Minister of Culture, Sports and Tourism may order,

following deliberation by the Deliberation Committee, an online service provider to

take measures referred to in the following subparagraphs, as prescribed by

Presidential Decree: <Amended by Act No. 14083, Mar. 22, 2016>

1. Warnings to reproducers and interactive transmitters of illegal reproductions, etc.;

2. Deletion or suspension of interactive transmission of illegal reproductions, etc.

(2) Where any reproducer and interactive transmitter who receives warnings

pursuant to paragraph (1) 1 three times or more interactively transmits illegal

reproductions, etc., the Minister of Culture, Sports and Tourism may order, following

deliberation by the Deliberation Committee, an online service provider to suspend an

account (excluding an exclusive account for e-mail and including other accounts

given by the relevant online service provider; hereinafter the same shall apply) of

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the relevant reproducer or interactive transmitter within a fixed period of up to six

months.<Amended by Act No. 11110, Dec. 2, 2011; Act No. 14083, Mar. 22, 2016>

(3) An online service provider who has received orders pursuant to paragraph (2)

shall, seven days before he/she suspends an account of the relevant reproducer or

interactive transmitter, notify the relevant reproducer or interactive transmitter of

the fact that the relevant account will be suspended, as prescribed by Presidential

Decree.

(4) Where a bulletin board for which orders pursuant to paragraph (1) 2 have been

issued more than three times from among bulletin boards (referring to bulletin

boards providing commercial interests or convenience of use from among the bulletin

boards referred to in Article 2 (1) 9 of the Act on Promotion of Information and

Communications Network Utilization and Information Protection, Etc.; hereinafter the

same shall apply) established in information and communications network of an

online service provider is judged to seriously harm healthy use of copyright in the

light of the form of the relevant bulletin board and the quantity and nature of copies

posted, the Minister of Culture, Sports and Tourism may order, following deliberation

by the Deliberation Committee, the online service provider to suspend the whole or

part of the relevant bulletin board service within a fixed period not exceeding six

months, as prescribed by Presidential Decree.<Amended by Act No. 14083, Mar. 22, 2016>

(5) An online service provider who has received orders pursuant to paragraph (4)

shall, from ten days before he/she suspends the relevant bulletin board service, post

the fact that the relevant bulletin board service is suspended on the website of the

relevant online service provider and on the relevant bulletin board, as prescribed by

Presidential Decree.

(6) An online service provider shall notify the Minister of Culture, Sports and

Tourism of the result of measures taken within five days from receiving an order

pursuant to paragraph (1), within ten days from receiving an order pursuant to

paragraph (2), within 15 days from receiving an order pursuant to paragraph (4), as

prescribed by Presidential Decree.

(7) The Minister of Culture, Sports and Tourism shall give an opportunity of

submission of an opinion in advance to online service providers subject to orders

referred to in paragraphs (1), (2) and (4), to reproducers and interactive

transmitters who have direct stake in orders pursuant to paragraph (2) and to

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operators of bulletin boards pursuant to paragraph (4). In such cases, Articles 22 (4)

through (6) and 27 of the Administrative Procedures Act shall apply mutatis

mutandis to the submission of an opinion.

(8) The Minister of Culture, Sports and Tourism may establish and operate an

organization necessary to perform affairs pursuant to paragraphs (1), (2) and (4).

[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]

Article 133-3 (Recommendation of Correction, etc.) (1) Where the Protection Agency,

as a result of investigation into information and communications network of an online

service provider, has found a fact that illegal copies, etc. have been interactively

transmitted, it may recommend an online service provider to take corrective

measures falling under the following subparagraphs, following deliberation by the

Deliberation Committee: <Amended by Act No. 14083, Mar. 22, 2016>

1. Warnings to reproducers or interactive transmitters of illegal copies, etc.;

2. Deletion and suspension of interactive transmission of illegal copies, etc.;

3. Suspension of accounts of reproducers or interactive transmitters who have

repeatedly transmitted illegal copies, etc.

(2) Within five days from receiving recommendation pursuant to paragraph (1) 1 and

2, and within ten days from receiving recommendation pursuant to paragraph (1) 3,

an online service provider shall notify the Protection Agency of the result of

performing the correction measures.<Amended by Act No. 14083, Mar. 22, 2016>

(3) Where an online service provider fails to comply with the recommendation

pursuant to paragraph (1), the Protection Agency may request the Minister of

Culture, Sports and Tourism to issue an order pursuant to Article 133-2 (1) and (2)

to him/her.<Amended by Act No. 14083, Mar. 22, 2016>

(4) Where, pursuant to paragraph (3), the Minister of Culture, Sports and Tourism

gives an order pursuant to Article 133-2 (1) and (2), no deliberation by the

Deliberation Committee shall be required.<Amended by Act No. 14083, Mar. 22, 2016>

[This Article Newly Inserted by Act No. 9625, Apr. 22, 2009]

Article 134 (Creation of Environment for fair Use of Works) (1) The Minister of Culture,

Sports and Tourism may execute projects necessary for promotion of fair use of

works, such as provision of information on works, etc., copyright of which has

expired. <Amended by Act No. 9625, Apr. 22, 2009>

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(2) Matters necessary for projects under paragraph (1) shall be prescribed by

Presidential Decree.<Amended by Act No. 9625, Apr. 22, 2009>

(3) Deleted.<by Act No. 9625, Apr. 22, 2009>

Article 135 (Donation of Author’s Economic Right, etc.) (1) The holder of author’s

economic right, etc. may donate their rights to the Minister of Culture, Sports and

Tourism. <Amended by Act No. 8852, Feb. 29, 2008>

(2) The Minister of Culture, Sports and Tourism may designate an organization

capable of equally managing the rights to the works, etc. donated by the holder of

author’s property right, etc.<Amended by Act No. 8852, Feb. 29, 2008>

(3) The organization designated pursuant to the provisions of paragraph (2) shall not

use the works, etc. for commercial purposes or against the intention of the relevant

holder of author’s economic right, etc.

(4) Matters necessary for the procedures of donation, designation of organization,

etc. pursuant to the provisions of paragraphs (1) and (2) shall be prescribed by

Presidential Decree.

CHAPTER XI PENALTY PROVISIONS

Article 136 (Penalty Provisions) (1) Any person who falls under any of the following

subparagraphs may be punished by imprisonment with labor up to five years or by a

fine up to 50 million won, or may be punished by both: <Amended by Act No. 11110, Dec.

2, 2011>

1. A person who infringes on author’s economic right or other property rights

protected pursuant to this Act (excluding the rights under Article 93) by means of

reproduction, performance, public transmission, exhibition, distribution, rental, or

production of derivative works;

2. A person who violates the court order under Article 129-3 (1) without justifiable

grounds.

(2) Any person who falls under any of the following subparagraphs shall be punished

by imprisonment with labor for up to three years or by a fine up to 30 million won, or

may be punishable by both:<Amended by Act No. 9625, Apr. 22, 2009; Act No. 10807, Jun. 30,

2011; Act No. 11110, Dec. 2, 2011>

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1. A person who defames the honor of author or performer by infringing on author's

or performer's moral rights;

2. A person who files for false registration pursuant to Articles 53 and 54 (including

cases applied mutatis mutandis pursuant to Articles 90 and 98) deceitfully;

3. A person who infringes on the right of a database producer protected pursuant to

Article 93 by means of reproduction, distribution, broadcasting or interactive

transmission;

3-2. A person who violates Article 103-3 (4);

3-3. A person who violates Article 104-2 (1) or (2) for his/her own business or for

profit;

3-4. A person who violates Article 104-3 (1) for his/her own business or for profit:

Provided, That a person who, by negligence, has not known that such act causes or

conceals the infringement of copyright or other rights protected pursuant to this

Act shall be excluded herefrom;

3-5. A person who commits an act falling under subparagraph 1 or 2 of Article 104-

3-6. A person who violates Article 104-5;

3-7. A person who violates Article 104-7;

4. A person who commits an act deemed an infringement pursuant to Article 124 (1);

5. and 6. Deleted.<by Act No. 10807, Jun. 30, 2011>

Article 137 (Penalty Provisions) (1) Any person who falls under any of the following

subparagraphs shall be punished by imprisonment with labor up to one year or by a

fine up to ten million won: <Amended by Act No. 9625, Apr. 22, 2009; Act No. 11110, Dec. 2,

2011>

1. A person who makes a work public under the real name or pseudonym of a person

other than the author;

2. A person who publicly performs or publicly transmits a performance, or

distributes copies of performance under the real name or pseudonym of a person

other than the performer;

3. A person who violates Article 14 (2);

3-2. A person who conducts an act falling under subparagraph 3 of Article 104-4;

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3-3. A person who violates Article 104-6;

4. A person who operates copyright trust service without obtaining permission

pursuant to Article 105 (1);

5. A person who commits an act deemed an infringement pursuant to Article 124 (2);

6. A person who obstructs the business of an online service provider by making a

demand by intention for the suspension or resumption of a reproduction or

interactive transmission under Article 103 (1) or (3), upon knowing that he/she

had no legitimate authority;

7. A person who violates Article 55-2 (including cases applied mutatis mutandis

pursuant to Articles 90 and 98).

(2) A person who attempts to commit a crime under paragraph (1) 3-3 shall be

punished.<Newly Inserted by Act No. 11110, Dec. 2, 2011>

Article 138 (Penalty Provisions)

Any person who falls under any of the following subparagraphs shall be punished by

a fine up to five million won:<Amended by Act No. 11110, Dec. 2, 2011>

1. A person who violates Article 35 (4);

2. A person who fails to indicate the sources, in violation of Article 37 (including the

cases applied mutatis mutandis pursuant to Articles 87 and 94);

3. A person who fails to the holder of author's economic right, in violation of Article

58 (3) (including cases applied mutatis mutandis under Articles 63-2, 88 and 96);

4. A person who fails to notify the author, in violation of Article 58-2 (2) (including

cases applied mutatis mutandis under Articles 63-2, 88 and 96);

5. A person who engages in a copyright agency or brokerage service without

reporting pursuant to Article 105 (1), or who continues the services after receipt

of an order to close the services pursuant to Article 109 (2).

Article 139 (Confiscation)

Among copies made by infringing on copyright or other rights protected pursuant to

this Act and tools and materials mainly used to produce such copies, which are

owned by the infringing person, printer, distributor or public performer shall be

confiscated. <Amended by Act No. 11110, Dec. 2, 2011>

[This Article Wholly Amended by Act No. 10807, Jun. 30, 2011]

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Article 140 (Complaint)

The crimes under this Chapter shall be prosecuted only when the injured party has

made a complaint: Provided, That in cases falling under any of the following

subparagraphs, the same shall not apply:<Amended by Act No. 9625, Apr. 22, 2009; Act No.

11110, Dec. 2, 2011>

1. Where an act falling under Article 136 (1) 1 or 136 (2) 3 and 4 (in cases falling

under Article 124 (1) 3, the act shall not be punishable against the explicit opinion

of the victim) has been committed habitually for profit-making;

2. Cases falling under Article 136 (2) 2 and 3-2 through 3-7, Article 137 (1) 1

through 4, 6 and 7, and subparagraph 5 of Article 138;

3. Deleted.<by Act No. 11110, Dec. 2, 2011>

Article 141 (Joint Penal Provisions)

If a representative of a legal person, or an agent, employee or other employed

persons of a legal person or an individual has committed a crime as prescribed under

this Chapter with respect to the affairs of the legal person or the individual, the fine

prescribed under the relevant Articles shall be imposed on such a legal person or an

individual in addition to the punishment of the offender: Provided, That where a legal

person or an individual has not neglected to pay reasonable attention to and

supervise the relevant affairs in order to prevent such an offense, the same shall not

apply.<Amended by Act No. 9625, Apr. 22, 2009>

Article 142 (Administrative Fine) (1) A person who has failed to take necessary

measures pursuant to Article 104 (1) shall be punished by an administrative fine not

exceeding 30 million won. <Amended by Act No. 9625, Apr. 22, 2009>

(2) A person who falls under any of the following subparagraphs shall be punished

by an administrative fine not exceeding ten million won:<Amended by Act No. 9625, Apr.

22, 2009; Act No. 11110, Dec. 2, 2011; Act No. 14083, Mar. 22, 2016>

1. A person who fails to comply with the order of the Minister of Culture, Sports and

Tourism under Article 103-3 (2);

2. A person who fails to perform his/her duty pursuant to Article 106;

3. A person who uses the title of the Korea Copyright Commission, in violation of

Article 112 (4);

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3-2. A person who uses the title of the Korea Copyright Protection Agency, in

violation of Article 122-2 (5);

4. A person who fails to execute orders given by the Minister of Culture, Sports and

Tourism pursuant to Article 133-2 (1), (2) and (4);

5. A person who fails to give notice pursuant to Article 133-2 (3), to post notice

pursuant to paragraph (5) of the same Article, to give notice pursuant to paragraph

(6) of the same Article.

(3) An administrative fine pursuant to paragraphs (1) and (2) shall be imposed and

collected by the Minister of Culture, Sports and Tourism, as prescribed by

Presidential Decree.<Amended by Act No. 9625, Apr. 22, 2009>

(4) and (5) Deleted.<by Act No. 9625, Apr. 22, 2009>

ADDENDA <No. 8852, 29. Feb, 2008>

Article 1 (Enforcement Date)

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

Articles 2 through 7 Omitted.

ADDENDA <No. 9529, 25. Mar, 2009>

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

ADDENDA <No. 9625, 22. Apr, 2009>

Article 1 (Enforcement Date)

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

Article 2 (Repeal of Computer Programs Protection Act)

The Computer Programs Protection Act shall be repealed.

Article 3 (Preparation of Establishment of Commission)

(1) An action of preparation made to establish the Commission pursuant to this Act

may be made before this Act enters into force.

(2) The Minister of Culture, Sports and Tourism shall organize the founding

committee to take charge of affairs relating to the establishment of the Commission.

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(3) The founding committee shall be comprised of not more than five members

appointed by the Minister of Culture, Sports and Tourism, and the chairperson of the

the chairperson of the founding committee.

(4) The founding committee shall prepare the articles of association to obtain

authorization of the Minister of Culture, Sports and Tourism before this Act enters

into force.

(5) When the founding committee has obtained authorization pursuant to paragraph

(4), it shall make registration for the establishment of the Commission.

(6) Expenses incurred in the establishment of the Commission shall be borne by the

State.

(7) After the founding committee has registered the establishment of the

Commission pursuant to paragraph (5), it shall transfer affairs to the chairperson of

the Commission without delay, and the founding committee members shall be deemed

to have been dismissed when transfer of affairs has been completed.

Article 4 (Transitional Measures concerning Affairs, Rights and Duties, Employment of

(1) The Korea Copyright Commission shall take over affairs, rights and duties and

employment of staff of the Copyright Commission and the Computer Programs

Protection Committee pursuant to Articles 112 through 122 of the previous

Protection Act at the time this Act enters into force.

(2) The chairperson and members of the Copyright Commission pursuant to Article

112 of the previous Copyright Act at the time this Act enters into force shall be

deemed the chairperson and members of the Korea Copyright Commission, and the

term of office shall be reckoned from the time when a term of office of the

chairperson and members of the previous Copyright Commission began.

Article 5 (Transitional Measures concerning Scope of Application)

(1) With respect to works, etc. the whole or part of the right of which, protected by

the previous Copyright Act and the previous Computer Programs Protection Act, has

terminated or has not been protected before this Act enters into force, this Act shall

not apply to the part thereof.

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(2) Use of programs made before this Act enters into force shall be in accordance

with the previous Computer Programs Protection Act.

Article 6 (Transitional Measures concerning Statutory License)

Acts referred to in the following subparagraphs done under the previous Computer

Programs Protection Act before this Act enters into force shall be deemed to have

been done pursuant to this Act:

Article 7 (Transitional Measures concerning Application of Penalty Provisions)

In application of the penal provisions pursuant to the previous Computer Programs

Protection Act to acts done before this Act enters into force, it shall be in

accordance with the previous Computer Programs Protection Act.

Article 8 Omitted.

Article 9 (Relation with Other Statutes)

Where the previous Computer Programs Protection Act or the provisions thereof are

cited by other statutes as at the time when this Act enters into force, this Act or the

corresponding provisions of this Act shall be deemed to have been cited.

ADDENDA <No. 9785, 31. Jul, 2009>

Article 1 (Enforcement Date)

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

Articles 2 through 9 Omitted.

ADDENDA <No. 10807, 30. Jun, 2011>

Article 1 (Enforcement Date)

This Act shall enter into force on the date on which the Free Trade Agreement

between the Republic of Korea, of the one part, and the European Union and its

Member States, of the other part, takes effect: Provided, That the amended

provisions of Articles 39 through 42 shall enter into force two years from the date

on which the Free Trade Agreement between the Republic of Korea, of the one part,

and the European Union and its Member States, of the other part, takes effect.

Articles 2 (Transitional Measures concerning Scope of Application)

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With regard to works, etc. for which all or some of copyright or other rights

protected pursuant to this Act have been extinct or not protected pursuant to the

former provisions before this Act enters into force, this Act shall not apply.

Article 3 (Transitional Measures concerning Restriction on Responsibilities of Online

Service Providers)

Restriction on responsibilities of online service providers for the infringement of

force shall be governed by the former provisions, notwithstanding the amended

provisions of Articles 102 and 103.

Article 4 (Transitional Measures concerning Application of Penalty Provisions)

Application of penal provisions to acts done before this Act enters into force shall be

governed by the former provisions.

ADDENDA <No. 11110, 02. Dec, 2011>

Article 1 (Enforcement Date)

This Act shall enter into force on the date on which the Free Trade Agreement

between the Republic of Korea and the United States of America and Exchange of

Letters on the Free Trade Agreement between the Republic of Korea and the United

States of America takes effect: Provided, That the amended provisions of Articles 64

(2) and 86 shall enter into force on August 1, 2013.

Article 2 (Applicability)

The amended provisions of Articles 103-3, 125-2 and 129-2 through 129-5 shall

apply, starting with the first infringement of rights or violation of obligations after

this Act enters into force.

Article 3 (Transitional Measures concerning Scope of Application)

With regard to works whose copyright or other rights protected pursuant to this Act

have ceased to exist or have not been protected in full or in part under the former

provisions before this Act enters into force, this Act shall not apply to the relevant

parts.

Article 4 (Special Rules concerning Protection Period of Neighboring Rights)

(1) Notwithstanding the provisions of Article 3, the neighboring rights that come into

being between July 1, 1987, and June 30, 1994, pursuant to the amended provisions

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of Article 2 (3) of the Addenda of the Copyright Act amended by Act No. 8101 shall

remain for 50 years counting from the year following the time when such rights come

into being pursuant to the amended provisions of Article 70 of the Copyright Act

amended by Act No. 4717, which entered into force on July 1, 1994 (hereafter

referred to as "the same Act" in this Article).

(2) Among the neighboring rights that come into being between July 1, 1987, and

June 30, 1994, pursuant to paragraph (3) of the Addenda of the same Act, those that

have become extinct because the 20-year protection period under the former Act

(referring to the Copyright Act before the Copyright Act amended by Act No. 4717

enters into force; hereafter the same shall apply in this Article) has lapsed before

this Act enters into force shall be reinstated from the enforcement date of this Act

and reverted to the holder of neighboring rights. In such cases, such neighboring

rights shall remain for the remaining period of the protection period that would have

been acknowledged if they had been protected for 50 years counting from the year

following the time they came into being for the first time.

(3) Act of using performances, phonograms or broadcasts for which neighboring

rights have been reinstated pursuant to paragraph (2) before this Act enters into

force shall not be deemed infringement of rights prescribed by this Act.

(4) Reproductions manufactured before this Act enters into force by using relevant

performance, phonograms or broadcasts after neighboring rights under paragraph (2)

become extinct pursuant to the former Act may be continuously distributed without

the permit from the holder of neighboring rights for two years after this Act enters

into force.

Article 5 (Transitional Measures concerning Restriction, etc. on Responsibilities of

Online Service Providers)

Notwithstanding the amended provisions of Articles 102 and 103-2, the restriction

on responsibilities of online service providers in regard to the infringement of

force shall be governed by the former provisions.

Article 6 (Transitional Measures concerning Exclusive Publication Right of Program)

Exclusive publication right of programs established and registered before this Act

enters into force shall be governed by the former provisions.

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Article 7 (Transitional Measures concerning Application of Penalty Provisions)

Application of penal provisions to acts taken before this Act enters into force shall be

governed by the former provisions.

Article 8 Omitted.

ADDENDA <No. 11903, 16. Jul, 2013>

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

ADDENDA <No. 12137, 30. Dec, 2013>

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

ADDENDA <No. 13978, 03. Feb, 2016>

Article 1 (Enforcement Date)

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

Articles 2 and 3 Omitted.

ADDENDA <No. 14083, 22. Mar, 2016>

Article 1 (Enforcement Date)

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

Article 2 (Preparation for Establishment of Protection Agency)

(1) Preparatory activities to incorporate the Protection Agency may be performed

before this Act enters into force.

(2) In order to deal with the affairs related to the incorporation of the Protection

Agency, the Minister of Culture, Sports and Tourism shall organize a steering group

for incorporation of the Protection Agency (hereinafter referred to as the "steering

group for incorporation")

(3) The steering group for incorporation shall be comprised of and operated by not

more than five incorporators commissioned by the Minister of Culture, Sports and

Tourism.

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(4) The steering group for incorporation shall prepare the articles of incorporation of

the Protection Agency, obtain approval thereof from the Minister of Culture, Sports

and Tourism, register incorporation of the Protection Agency under a joint name of

incorporators, and then, transfer their duties to the chairperson of the Protection

Agency.

(5) When the transfer of duties under paragraph (4) is completed, the steering group

for incorporation shall be deemed dissolved and incorporators dismissed.

Article 3 (Transitional Measures concerning Affairs under Jurisdiction of Korea Copyright

Commission, and Its Rights and Obligations, Employment Relationship, etc.)

(1) Affairs under the jurisdiction of the Korea Copyright Commission under

subparagraph 10 of the former Article 113, and its rights and obligations and

employment relationship existing as at the time this Act enters into force shall be

succeeded by the Protection Agency.

(2) Any activities performed by or toward the Korea Copyright Commission pursuant

to subparagraph 10 of the former Article 113 before the establishment of the

Protection Agency shall be deemed performed by or toward the Protection Agency.

ADDENDA <No. 14432, 20. Dec, 2016>

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

ADDENDA <No. 14634, 21. Mar, 2017>

Article 1 (Enforcement Date)

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

Article 2 (Transitional Measures concerning Ineligibility of the Incompetent, etc.)

Notwithstanding the amended provisions of Article 105 (3) 1, the former provisions

shall apply to the persons who has already been declared incompetent or quasi-

incompetent at the time this Act enters into force, and of whom the effect of the

declaration of the incompetency or quasi-incompetency remains valid pursuant to

Article 2 of the Addenda to the Civil Act partially amended by Act 10429.

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République de Corée

KR254

Copyright Act (Act No. 432 of January 28, 1957, as amended up to Act No. 14634 of March 21, 2017)