- Article 1 (Purpose)
- Article 1-2 (Establishment of Policies for Protection of Copyright)
- Article 2 (Submission of Details such as Reproduction, Performance, etc.)
- Article 3 (Designation of Remuneration Receiving Organization)
- Article 4 (Business Regulations in Relation to Remuneration)
- Article 5 (Accounting)
- Article 6 (Revocation of Designation)
- Article 7 (Public Notification of Distribution of Remuneration)
- Article 8 (Use of Undistributed Remuneration for Public Interest)
- Article 9 (Necessary Measures Including Reproduction Prevention Measures by Educational Institution)
- Article 10 (Standards for Reasonable Scope, etc.)
- Article 11 (Exception to Public Performance using Commercial Phonograms, etc.)
- Article 12 (Scope of Facilities where Reproduction is Allowed)
- Article 13 (Necessary Measures including Reproduction Prevention Measures by Libraries, etc.)
- Article 14 (Facilities for Visually Impaired Persons, etc. where Reproduction, etc. is Allowed)
- Article 15 (Scope of Visually Impaired Persons, etc.)
- Article 16 (Archiving Facilities of Recordings, etc.)
- Article 17 (Methods of Indicating Sources)
- Article 18 (Criteria for Considerable Efforts)
- Article 19 (Application for Approval of Exploitation of Works, etc.)
- Article 20 (Submission of Opinions, etc.)
- Article 21 (Notification of Approval, etc.)
- Article 22 (Dismissal of Application for Approvan( �/A>
- Article 23 (Deposit of Remuneration)
- Article 24 (Items for Registration)
- Article 25 (Principle of Application)
- Article 26 (Application for Registration)
- Article 27 (Entry to Copyright Register, etc.)
- Article 28 (Issuance of Registration Certificate, etc.)
- Article 29 (Notification of Mistake and Omission and Correction Ex Officio)
- Article 30 (Modification, etc. of Registered Items)
- Article 31 (Revocation of Registration Ex Officio)
- Article 32 (Methods of Returning Application)
- Article 33 (Issuance of Registration Notice, etc.)
- Article 34 (Perusal, etc. of Register)
- Article 35 (Registration with Computer-based Information Processing System)
- Article 36 (Designation, etc. of Authentication Agency)
- Article 37 (Authentication Procedure, etc.)
- Article 38 (Mark of Owner of Reproduction Right)
- Article 39 (Period of Consultation on Remuneration for Digital Sound Transmission to Performers)
- Article 39-2 (Escrow Agency)
- Article 40 (Request for Suspension of Reproduction and/or Transmission)
- Article 41 (Notification of Suspension of Reproduction and/or Transmission)
- Article 42 (Request for Resumption of Reproduction and/or Transmission)
- Article 43 (Notification, etc. of Resumption of Reproduction and/or Transmission)
- Article 44 (Designation of Receiver and Public Announcement of Change)
- Article 45 (Request of Rights Holder)
- Article 46 (Necessary Measures such as Technical Measures for Blocking Illegal Transmission)
- Article 47 (Application for Permission of Copyright Trust Services, etc.)
- Article 48 (Report of Copyright Agency or Brokerage Services)
- Article 49 (Application for Approval for Royalties, etc. and Application Procedure)
- Article 50 (Preparation of List of Managed Works, etc.)
- Article 51 (Information Required for Contracting Exploitation Agreement)
- Article 52 (Report)
- Article 53 (Standards for Calculation, etc. of Penalty Surcharge)
- Article 54 (Imposition and Payment of Penalty Surcharge)
- Article 55 (Procedure of Use of Penalty Surcharge)
- Article 56 (Chairperson and Vice Chairperson)
- Article 57 (Convocation of Meeting and Quorum)
- Article 58 (Treatment of Members, etc.)
- Article 59 (Organization and Operation of Sub-commission)
- Article 59-2 (Mediation)
- Article 60 (Organization and Operation of Conciliation Division)
- Article 61 (Procedure of Conciliation, etc.)
- Article 62 (Demand for Attendance, etc.)
- Article 63 (Miscarriage of Conciliation, etc.)
- Article 64 (Procedure and Method, etc. of Appraisan( �/A>
- Article 65 (Organization and Operation, etc. of Commission)
- Article 66 (Organization and Operation, etc. of Copyright Information Center)
- Article 67 (Budget and Book-closing, etc.)
- Article 68 (Entrustment of Duties)
- Article 69 (Procedure and Method of Collection, Destruction, and Deletion)
- Article 70 (Entrustment, etc. of Duties of Collection, Destruction, and Deletion)
- Article 71 (Request, etc. for Cooperation for Collection, Destruction, and Deletion)
- Article 72 (Procedure and Method of Deliberation for Order for Deletion of Illegal Copies through Information and Communications Network, etc.)
- Article 72-2 (Procedure and Method of Warning or Order for Deletion, etc.)
- Article 72-3 (Procedure and Method of Order for Account Suspension)
- Article 72-4 (Procedure and Method of Order for Suspension of Bulletin Board Service)
- Article 72-5 (Procedure and Method of Notifying Result of Measures)
- Article 72-6 (Procedures for Recommendation of Correction, etc.)
- Article 73 (Projects for Fair Use of Works)
- Article 74
- Article 75 (Procedure for Donation)
- Article 76 (Appointment, etc. of Management Organization)
- Article 77 (Standards for Imposition of Fine for Negligence)
- ADDENDA
Article 1 (Enforcement Date) This Decree shall enter into force - ADDENDA < Presidential Decree No. 20676, Feb. 29, 2008>
- ADDENDA < Presidential Decree No. 21148, Dec. 3, 2008>
- ADDENDA < Presidential Decree No. 21634, Jul. 22, 2009>
- ADDENDA < Presidential Decree No. 21676, Aug. 6, 2009>
- ADDENDA < Presidential Decree No. 22003, Jan. 27, 2010>
ENFORCEMENT DECREE OF THE COPYRIGHT ACT
[Enforced on February 1, 2010] [Presidential Decree No.22003, January 27, 2010, Amendment of Other Acts]
Ministry of Culture, Sports and Tourism (Copyright Policy Department) 02-3704-9472
Article 1 (Purpose) The purpose of this Decree is to provide for the matters delegated by the Copyright Act and the matters necessary for the enforcement thereof.
Article 1-2 (Establishment of Policies for Protection of Copyright) (1) The policies on education and publicity to raise awareness of copyrights that are established and/or enforced by the Minister of Culture, Sports and Tourism under Article 2-2 (1) 2 of the Copyright Act (hereinafter referred to as “the Act”) shall include the matters as prescribed in any of the following subparagraphs:
1. Matters concerning development of experts in copyrights;
2. Matters concerning education on copyrights for youth;
3. Matters concerning public relations of the appropriate use of works; and/or
4. Other matters deemed necessary by the Minister of Culture, Sports and Tourism to raise awareness of copyrights.
(2) The policies on the right management information and technological protection measures of works, performances, phonograms, broadcasts or databases (hereinafter referred to as “works, etc.”) that are established and/or enforced by the Minister of Culture, Sports and Tourism under Article 2-2 (1) 3 of the Act shall include the matters as prescribed in any of the following subparagraphs:
1. Matters concerning development of a standard system to centrally manage the right management information;
2. Matters concerning reasons for exceptions to the prohibition against removal and/or modification of the right management information;
3. Matters concerning standardization of technological protection measures;
4. Matters concerning reasons for exceptions to the prohibition against circumvention of technological protection measures; and
5. Other matters deemed necessary for the right management information and technological protection of works, etc. by the Minister of Culture, Sports and Tourism.
(3) Where the Minister of Culture, Sports and Tourism desires to establish policies under Article 2-2 (1) of the Act, he/she shall receive opinions of appropriate industries and stakeholders and consult with the heads of the appropriate central administrative organizations.
(4) Where the Minister of Culture, Sports and Tourism has established policies under Article 2-2 (1) of the Act, he/she shall post the contents thereof on the website of the Ministry of Culture, Sports and Tourism.
[This Article Newly Inserted on July 22, 2009]
Article 2 (Submission of Details such as Reproduction, Performance, etc.) A person who desires to exploit works pursuant to Article 25 (1) and (2) of the Act shall submit details of reproduction, distribution, public performance, broadcasting, and transmission to an organization that exercises the right to receive remuneration pursuant to Article 25 (5) of the Act (hereinafter referred to as “remuneration receiving organization") and pay the corresponding remuneration. <Amended on July 22, 2009>
Article 3 (Designation of Remuneration Receiving Organization) (1) An organization designated by the Minister of Culture, Sports and Tourism as a remuneration receiving organization shall satisfy all requirements set forth in subparagraphs of Article 25 (5) of the Act, ensure equality in voting rights of members thereof, etc., and make decisions in a democratic manner. <Amended on February 29, 2008 >
(2)Where an organization is designated under paragraph (1), the Minister of Culture, Sports and Tourism shall make notification thereof in the Official Gazette. <Amended on February 29, 2008 >
Article 4 (Business Regulations in Relation to Remuneration) A remuneration receiving organization shall determine business regulations on remuneration including each of the following subparagraphs and obtain approval therefor from the Minister of Culture, Sports and Tourism: provided that in the event of modification thereof, the same shall apply: <Amended on February 29, 2008 >
1. Matters concerning methods and procedures of collecting remuneration;
2. Matters concerning distribution of remuneration;
3. Matters concerning fees; and
4. Matters concerning management of remuneration.
Article 5 (Accounting) A remuneration receiving organization shall manage any remuneration in a separate account.
Article 6 (Revocation of Designation) (1) Where the Minister of Culture, Sports and Tourism intends to revoke the designation of a remuneration receiving organization under Article 25 (7) of the Act, he/she shall hold a public hearing. <Amended on February 29, 2008 >
(2) Upon revocation of the designation of a remuneration receiving organization, the Minister of Culture, Sports and Tourism shall make notification thereof in the Official Gazette. <Amended on February 29, 2008 >
Article 7 (Public Notification of Distribution of Remuneration) A remuneration receiving organization shall make public notification of the matters concerning the distribution of remuneration including matters set forth in each of the following subparagraphs in general daily newspapers of nationwide circulation registered pursuant to Article 9 (1) of the Act on the Promotion of Newspapers, etc., and on the websites of remuneration receiving organizations and the Ministry of Culture, Sports and Tourism. In this case, public notification on the websites shall be maintained for one or more months: <Amended on February 29, 2008; July 22, 2009; January 27, 2010>
1. Grounds for payment;
2. Criteria for payment and the person eligible to receive remuneration;
3. Method of payment;
4. Due date of payment and treatment of undistributed remuneration; and
5. Person in-charge and contact numbers.
Article 8 (Use of Undistributed Remuneration for Public Interest) (1) The term “public interest” referred to in Article 25 (8) of the Act means a purpose which falls under any of the following subparagraphs: <Amended on July 22, 2009>
1. Education, awareness, and research on copyrights;
2. Management and provision of copyright information;
3. Support for creative activities of works;
4. Copyright protection business;
5. Protection of authors’ rights and interests; or
6. Increasing use of works and promoting fair use thereof.
(2) Where a remuneration receiving organization desires to obtain approval to use the undistributed remuneration under Article 25 (8) of the Act, it shall submit a document stating the details of each of the following subparagraphs to the Minister of Culture, Sports and Tourism: <Amended on February 29, 2008 >
1. Pronouncement date of remuneration distribution;
2. Amount applied for authorization;
3. Purpose of use of remuneration;
4. Plan to use remuneration; and
5. Date and time of application for authorization.
(3) Where a remuneration receiving organization has used the undistributed remuneration, it shall submit a report on such use within six months to the Minister of Culture, Sports and Tourism. <Amended on February 29, 2008 >
Article 9 (Necessary Measures Including Reproduction Prevention Measures by Educational Institution) The term “necessary measures set forth by Presidential Decree” referred to in Article 25 (10) of the Act means the measures in the following subparagraphs:
1. Technological measures necessary to prevent unlawful use, which are set forth in each of the following items:
(a) Access controls to keep transmitted works from being used by other persons than students; and
(b) Anti-counterfeiting measures to keep transmitted works from being reproduced by other persons than students.
2. Indication of a warning label for copyright protection on works; and
3. Installation of a device to calculate transmission-related remuneration.
Article 10 (Standards for Reasonable Scope, etc.) The Minister of Culture, Sports and Tourism may determine and publicly announce the reasonable limit and fair practices referred to in Article 28 of the Act. <Amended on February 29, 2008 >
Article 11 (Exception to Public Performance using Commercial Phonograms, etc.) The term “the cases as set forth by Presidential Decree” referred to in the proviso of Article 29 (2) means a public performance which falls under any of the following subparagraphs: <Amended on February 29, 2008; July 22, 2009; August 6,2009>
1. Public performance set forth in the following items and delivered at a place of business pursuant to subparagraph 8 of Article 21 of the Enforcement Decree of the Food Sanitation Act:
(a) Public performance delivered at a karaoke bar under subparagraph 8 (c) of Article 21 of the Enforcement Decree of the Food Sanitation Act, and a hostess bar under item (d) of the same subparagraph; or
(b) Public performance delivered at places of business which do not fall under item (a), for the business purpose of having people appreciate music or cinematographic works through furnished devices for appreciation thereof.
2. Public performance delivered at racecourses under the Korean Racing Association Act, or motorboat racecourses under the Bicycle and Motorboat Racing Act;
3. Public performance delivered at specialized sports facilities prescribed by ordinance of the Ministry of Culture, Sports and Tourism among the golf courses, ski resorts, aerobic dance halls, dance halls, ballroom dance halls, or specialized sports facilities under the Installation and Utilization of Sports Facilities Act;
4. Public performance delivered on passenger airplanes for an air transport business purpose under the Aviation Act, on ships for marine passenger transport business purpose under the Marine Transportation Act, or on passenger trains under the Railroad Enterprise Act;
5. Public performance delivered at hotels, resort condominiums, casinos, or amusement parks under the Tourism Promotion Act;
6. Public performance delivered at large discount stores, specialty stores, department stores, or shopping malls under Article 3 of the Enforcement Decree of the Distribution Industry Development Act;
7. Public performance of commercial cinematographic works delivered through devices for appreciation thereof in the hospitality industry under Article 2 (1) 2 of the Public Health Control Act and public bathhouses under Article 2 (1) 3 (b) of the foregoing Act;
8. Public performance delivered in a form of playback of commercial cinematographic works, whose publication date has not passed six months, at facilities falling under any of the following items through furnished devices for appreciation thereof:
(a) Buildings of the State or local governments (including affiliated organizations thereof) and attached facilities thereof;
(b) Performance places under the Public Performance Act;
(c) Museums or art galleries under the Museum and Art Gallery Support Act;
(d) Libraries under the Libraries Act;
(e) Local cultural institutes under the Promotion of Local Cultural Institutes Act;
(f) Social welfare service centers under the Social Welfare Services Act;
(g) Women’s facilities under subparagraph 3 of Article 2 of the Framework Act on Women’s Development;
(h) Youth training centers under Article 10, subparagraph 1, item (a) of the Juvenile Activity Promotion Act; or
(i) Si/Gun/Gu community centers among the public facilities under the provisions of Article 144 of the Local Autonomy Act.
Article 12 (Scope of Facilities where Reproduction is Allowed) The term “facilities as prescribed by Presidential Decree” in the main clause of Article 31 (1) of the Act means facilities falling under any of the following subparagraphs:
1. The National Library of Korea, public libraries, university libraries, school libraries, specialized libraries (excluding any specialized library established by for-profit legal persons or organizations, whose primary purpose is to serve its own members) under the Libraries Act; or
2. Any facility established by the State, local governments, or non-profit profit legal persons or organizations to retain, rent, or provide for the public use any book, document, record, or other data (hereinafter referred to as “books, etc.").
Article 13 (Necessary Measures including Reproduction Prevention Measures by Libraries, etc.) The term “necessary measures as provided by Presidential Decree” in Article 31 (7) of the Act means the measures in any of the following subparagraphs:
1. Technological measures to prevent unlawful use that fall under any of the following items:
(a) Reproduction prevention measures that keep users of the facilities under Article 12 hereof (hereinafter referred to as "libraries, etc." from exploiting books, etc. in any way other than reading them at libraries, etc.;
(b) Access control measures that keep users other than any user of libraries, etc. from exploiting books, etc.;
(c) Measures to ascertain if any user of libraries, etc. has exploited books, etc. in any way other than reading them at libraries, etc., or altered the contents thereof; and/or
(d) Installation of a device that prevents use of any electronic recording medium manufactured for sale.
2. Education on the library staff to prevent infringement of copyrights;
3. Attachment of a warning label for copyright protection to computers, etc.; and/or
4. Installation of a device that calculates remuneration pursuant to Article 31 (5) of the Act.