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The copyright law in the Republic
of Korea was first instated on January
28th, 1957 with article 432, and has
since been revised several times, with
the most recent revision being article
6134 on January 12th, 2000. The following
is an outline of the current copyright
law in Korea. To view in more detail,
click on the corresponding sections.
For a complete picture of the copyright
law in Korea, one can refer to the Korean
Copyright Association (http://www.copyright.or.kr). |
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| CHAPTER 1. GENERAL PROVISIONS |
| Article
1 (Purpose) |
| The purpose of this
Act is to protect the rights of authors
and the rights neighboring on them and
to promote fair use of works in order
to contribute to the improvement and
development of culture. |
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| Article
2 (Definitions) |
The definitions of the
terms used in this Act shall have the
meaning as follows:
1. "Works" shall mean a creative
production belonging to the category
of original literary, scientific or
artistic works;
2. "Authors" shall mean the
persons who create works;
3. "Performances" shall mean
the presentation of a work to the public
by acting, musical playing, singing,
reciting, screening or by other means,
and include the presentation of sound
or visual recordings of performances,
broadcasts or performances to the public;
4. "Public performance" shall
mean the expression of a work by acting,
musical playing, singing, reciting,
screening or by other artistic means,
and include the expression of something
other than a work done in a similar
method;
5. "Performers" shall mean
the persons who make performances, and
who conduct, direct, or supervise performances;
6. "Phonograms" shall mean
the media in which the sound is fixed
(excluding those in which the sound
is fixed together with some visual images);
7. "Phonogram producers" shall
mean the persons who have initially
fixed the sound in phonograms;
8. "Broadcasting" shall mean
the transmission of sounds and images
by wire or wireless communication intended
for direct reception by the public (excluding
the mere amplified transmission of sounds
within the same unintercepted area);
9. "Broadcasting organizations"
shall means the persons who engage themselves
in the broadcasting business;
10. "Cinematographic works"
shall mean the creative production in
which a series of images (regardless
of whether or not accompanied by sound)
are collected, and which can be played
by means of mechanical or electronic
devices and can be seen or heard;
11. "Producers of cinematographic
works" shall mean the persons who
plan and take responsibility for the
production of a cinematographic work;
12. "Computer programs" shall
mean an expression of a series of statements
or instructions used directly or indirectly
in a computer or other devices which
have an information processing ability
in order to obtain a certain result;
13. "Joint works" shall mean
works created jointly by two or more
persons and their respective contributions
cannot be separately exploited;
14. "Reproduction" shall mean
the reproduction of works in tangible
media of expression by means of printing,
photographing, copying, sound or visual
recording or other means; in the case
of architectural works, it shall mean
to carry out a construction in accordance
with the models or plans for the construction;
and in the case of plays, musical scores
or other similar works, it shall include
the sound and visual recording of a
public performance, broadcast or performance
of a work;
15. "Distribution" shall mean
the transfer by assignment or rental
of the original or reproduction of a
work to the public with or without payment;
16. "Publication" shall mean
the reproduction and distribution of
a work for the demand of the public;
17. "Making a work public"
shall mean to make a work available
to the public by means of performance,
broadcasting, exhibition or by other
means, and to publish a work. |
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| Article
3 (Works of Foreigners) |
(1) The works of foreigners
shall be protected in accordance with
the treaties to which the Republic of
Korea has acceded or which it has ratified.
(amended by law no. 5015dec. 61995)
(2) Notwithstanding the provision of
Paragraph (1), the works of foreigners
who permanently reside in the Republic
of Korea (including the foreign legal
persons having their principal office
in the Republic of Korea, hereinafter
the same shall apply), or foreigners
works which are first published in the
Republic of Korea (including works published
in the Republic of Korea within thirty
days after their publication in a foreign
country) shall be protected under this
Act. (amended by law no. 5015dec. 61995)
(3) Even when foreigners' works are
to be protected under Paragraphs (1)
and (2), but if the foreign country
concerned do not protect the works of
the nationals of the Republic of Korea,
their protection under treaties and
this Act may be correspondingly restricted.
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| CHAPTER 2. RIGHTS OF AUTHORS |
| SECTION 1. WORKS |
| Article
4 (Examples of Works) |
(1) The following shall
be the examples of works referred to
in this Act:
1. Novels, poems, theses, lectures,
recitations, plays and other literary
works;
2. Musical works;
3. Theatrical works including dramas,
dances, pantomimes, etc.;
4. Paintings, calligraphic works, designs,
sculptures, crafts, works of applied
art, and other artistic works;
5. Architectural works including architectural
models and plans;
6. Photographic works including photographs
and other works produced by similar
methods;
7. Cinematographic works;
8. Maps, charts, design drawings, sketches,
models and other diagrammatic works;
9. Computer program works;
(2) Matters necessary for the protection
of computer program works under Subparagraph
9 of Paragraph (1) shall be provided
for in a separate Act. |
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| Article
5 (Derivative Works) |
(1) A creation produced
by means of translation, arrangement,
alteration, dramatization, cinematization,
etc. of an original work (hereinafter
referred to as "derivative work")
shall be protected as an independent
work.
(2) The protection of a derivative work
shall not prejudice the rights of the
author of the original work. |
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| Article
6 (Compilation Works) |
(1) A compilation (including
collections of treatises, numerical
values, diagrams and other materials
which are so systematically composed
as to be retrieved by using information
processing devices) which are, by reason
of selection or arrangement of their
contents, of a creative nature (hereinafter
referred to as "compilation work")
shall be protected as an independent
work. (amended by law no. 4717jan. 71994)
(2) The protection of a compilation
work shall not prejudice the rights
of the authors in the works which form
part of the compilation work. |
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| Article
7 (Works not Protected, etc.) |
No work which falls
under any of the following Subparagraphs
shall be protected under this Act:
1. Laws and regulations;
2. Notices, public notifications, directions
and others similar to them issued by
the state or local public entities;
3. Judgments, decisions, orders, or
rulings of courts, as well as rulings
and decisions made by the administrative
appeal procedures, or other similar
procedures;
4. Compilations or translations of works
as referred to in Subparagraphs 1 to
3 which are produced by the state or
local public entities;
5. Current news reports which transmit
simple facts,
6. Speeches delivered at an open session
of courts, the National Assembly or
Local Assemblies. |
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| SECTION 2. AUTHORS |
| Article
8 (Presumption of Authorship, etc.) |
(1) Any person who falls
under any of the following Subparagraphs
shall be presumed to be an author:
1. A person whose real name (hereinafter
referred to as "real name")
or well-known pen-, stage-, or screen-name,
pseudonym, abbreviation, etc. (hereinafter
referred to as "pseudonym")
is indicated as the name of the author
in the customary manner on the original
or reproduction of a work;
2. A person whose real name or well-known
pseudonym is indicated as the author
in the performance or broadcast of a
work.
(2) If a work on which the name of the
author as prescribed under any of the
Subparagraphs of Paragraph (1) is not
indicated, the person who is indicated
as publisher or public performer, shall
be presumed to have the copyright. |
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| Article
9 (Authorship of a Work in the Name
of an Organization) |
| The authorship of a
work which, on the initiative of a legal
person, an organization, or other employer
(hereinafter referred to as "legal
person, etc."), is made by his
employee in the course of his duties
and made public under the name of such
a legal person, etc. as the author shall
be attributed to that legal person,
etc., unless otherwise stipulated in
a contract, work regulation, etc. The
work with the name of an author shall
not fall under this article. |
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| Article
10 (Copyright) |
(1) The author shall
enjoy the rights prescribed under Articles
11 to 13 (hereinafter referred to as
"authors' moral rights") and
the rights prescribed under Articles
16 to 21 (hereinafter referred to as
"authors' property rights")
(2) The copyright shall commence from
the time of completing a work regardless
of the fulfillment of any procedure
or formalities. |
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| SECTION 3. AUTHORS' MORAL RIGHTS |
| Article
11 (Right to Make Public) |
(1) The author shall
have the right to decide whether or
not to make his work public.
(2) If an author has transferred by
assignment his property rights in a
work not yet being made public under
Article 41, or authorized to exploit
under Article 42, he shall be presumed
to have given the other party his consent
to make it public.
(3) If an author has transferred by
assignment the original of his work
of art, architectural work or photographic
work (hereinafter referred to as "work
of art, etc."), he shall be presumed
to have given the other party his consent
to make it public in the manner of exhibition.
(4) If a derivative work or compilation
work has been made public with the consent
of the author, its original shall be
considered also to have been made public.
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| Article
12 (Right to Indicate the Author's Name) |
(1) The author shall
have the right to indicate his real
name or pseudonym on the original or
reproduction of his work, or when his
work is made public.
(2) In the absence of any intention
of the author to the contrary, the person
using his work may indicate the name
of the author in the same manner as
that already adopted by the author.
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| Article
13 (Right to Preserve the Integrity) |
(1) The author shall
have the right to preserve the integrity
of the content, form and title of his
work.
(2) The author shall not make an objection
to a modification falling under any
of the following Subparagraphs; provided
that the substantial modification has
not been made.
1. In the case of a work being used
under Article 23, the modification of
expression within the limit as deemed
unavoidable for the purpose of school
education;
2. Extension, rebuilding or other forms
of alteration of an architecture;
3. Other modifications within the limit
as deemed unavoidable in the light of
the nature of a work as well as the
purpose and manner of its exploitation.
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| SECTION 4. NATURE, EXERCISE, ETC.
OF AUTHORS' MORAL RIGHTS |
| Article
14 (Inalienability of Authors' Moral
Rights ) |
(1) Authors' moral rights
shall belong exclusively to the author.
(2) Even after the death of the author,
no person who exploits his work shall
commit an act which would be prejudicial
to authors' moral rights if he were
alive; provided that such act is deemed
to have not defamed the honor of the
author in light of the nature and extent
of the act, and in view of the prevailing
social norms. |
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| Article
15 (Authors' Moral Rights in Joint Works) |
(1) Authors' moral rights
in a joint work may not be exercised
without the unanimous agreement of all
the authors concerned. In this case,
each of the authors may not, in bad
faith, prevent the agreement from being
reached.
(2) Authors of a joint work may designate
one of them as a representative in the
exercise of their moral rights.
(3) Limitations imposed on the representation
mentioned in the preceding paragraph
(2) shall not be effective against a
bona fide third person. |
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| SECTION 5. AUTHORS' PROPERTY RIGHTS
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| Article
16 (Right of Reproduction) |
| The author shall have
the right to reproduce his work. |
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| Article
17 (Right of Public Performance) |
| The author shall have
the right to perform his work publicly.
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| Article
18 (Right of Broadcasting) |
| The author shall have
the right to broadcast his work. |
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| Article
19 (Right of Exhibition) |
| The author shall have
the right to exhibit the original or
reproduction of his work of art, etc.
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| Article
20 (Right of Distribution) |
| The author shall have
the right to distribute the original
or reproduction of his work. |
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| Article
21 (Right of the Production of Derivative
Works, etc.) |
| The author shall have
the right to produce and exploit a derivative
work based on his original work, or
a compilation work which is composed
of his work. |
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| SECTION 6. LIMITATIONS TO AUTHORS'
PROPERTY RIGHTS |
| Article
22 (Reproduction for Judicial Proceedings,
etc.) |
| It shall be permissible
to reproduce a work if and to the extent
deemed necessary for the purpose of
judicial proceedings and of internal
use in the legislative or administrative
organs; provided that such reproduction
does not unreasonably prejudice the
interests of the owner of authors' property
rights in the light of the nature of
the work as well as the number of copies
and the nature of reproduction. |
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| Article
23 (Reproduction for the Purpose of
School Education) |
(1) A work already being
made public may be reproduced in textbooks
to the extent deemed necessary for the
purpose of education at high schools,
their equivalents or lower level schools.
(2) Educational institutions established
by special laws, or the Education Act,
or operated by the state or local government
may broadcast or reproduce a work already
being made public to the extent deemed
necessary for the purpose of education.
(3) A person who intends to exploit
a work under Paragraphs (1) and (2)
shall pay compensation to the owner
of authors' property rights as determined
and announced officially by the Minister
of Culture and tourism according to
the criteria for compensation prescribed
under Subparagraph 1 of Article 82,
or shall deposit the same as prescribed
by the Presidential Decree. Broadcasting
or reproduction of a work done at high
schools, their equivalents or lower
level schools as prescribed under Paragraph
(2) is not obliged to pay a compensation.
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| Article
24 (Use for Current News Report) |
| In the case of reporting
current events by means of broadcasts,
films, newspapers or by other means,
it shall be permissible to reproduce,
distribute, perform publicly or broadcast
a work seen or heard in the course of
the event, to the extent justified by
the information purpose. |
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| Article
25 (Quotations from Works Made Public) |
| It shall be permissible
to make quotations from a work already
being made public; provided that they
are within a reasonable limit for news
reporting, criticism, education and
research, etc. and compatible with fair
practice. |
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| Article
26 (Public Performance and Broadcasting
for Non-profit Purposes) |
(1) It shall be permissible
to perform publicly or broadcast a work
already being made public for non-profit
purposes and without charging any fees
to audience, spectators or third persons;
provided that the performers concerned
are not paid any remuneration for such
performances.
(2) Commercial phonograms or cinematographic
works may be reproduced and played for
the public, if no admission fee is charged
to audience or spectators, except the
cases as prescribed by the Presidential
Decree. |
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| Article
27 (Reproduction for Private Use) |
| It shall be permissible
for a user to reproduce by himself a
work already being made public for the
purpose of his personal, family or other
similar uses within a limited circle.
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| Article
28 (Reproduction in Libraries, etc.) |
It shall be permissible
to reproduce a work included in materials
held by libraries as prescribed by the
Library and Book Reading Promotion Act
and other facilities prescribed by the
Presidential Decree which provide books,
documents(hereinafter referred to as
libraries, etc."), records and
other materials for the public, in the
following cases: (amended bylaw no.
4352mar. 81991 4746 241994)
1. Where, at the request of a user and
for the purpose of his own research
and study, a single copy of a part of
a work already being made public is
provided for him;
2. Where it is necessary for libraries,
etc. to reproduce for the purpose of
preserving their materials;
3. Where, at the request of other libraries,
etc., a reproduction of a work out of
print or unavailable due to other similar
reasons is made and provided to libraries,
etc. for their collection purpose. |
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| Article
29 (Reproduction for Examination Questions) |
| It shall be permissible
to reproduce a work already being made
public in questions of entrance examinations
or other examinations of knowledge and
skills, to the extent deemed necessary
for that purpose; provided that it is
for non-profit purposes. |
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| Article
30 (Reproduction in Braille) |
(1) It shall be permissible
to reproduce in Braille for the blind
a work already being made public.
(2) It shall be permissible to make
a sound recording of a work already
being made public for the purpose of
using such recordings by the blind at
the facilities established for the promotion
of the welfare of the blind as prescribed
by the Presidential Decree. |
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| Article
31 (Ephemeral Sound or Visual Recordings
by Broadcasting Organizations) |
(1) Broadcasting organizations
may make ephemeral sound or visual recordings
of a work for the purpose of their own
broadcasting and by the means of their
own facilities; provided that it is
not contrary to the intention of the
owner of the right of broadcasting.
(2) Sound or visual recordings made
under Paragraph (1) may not be kept
for a period exceeding one year from
the date of sound or visual recording,
unless they are kept as materials for
public records at places as prescribed
by the Presidential Decree. |
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| Article
32 (Exhibition or Reproduction of Works
of Art, etc.) |
(1) The owner of the
original of a work of art, etc. or a
person who has obtained the owner's
authorization, may exhibit the works
in its original form. If the work of
art is to be permanently exhibited in
a street or park, outside the wall of
a building, or other place open to the
public, the consent of the copyright
owner shall be obtained.
(2) Works of art, etc. exhibited at
all times at an open place as referred
to in the proviso of Paragraph (1) may
be reproduced by any means, except those
falling under any of the following cases:
1. Where a building is reproduced in
another building;
2. Where a sculpture or a painting is
reproduced in another sculpture or a
painting;
3. Where the reproduction is made in
order to exhibit permanently at an open
place, as prescribed under Paragraph
(1);
4. Where the reproduction is made for
the purpose of selling its copies.
(3) A person who exhibits works of art,
etc. under Paragraph (1), or who intends
to sell originals of works of art, etc.
may reproduce and distribute them in
a pamphlet for the purpose of explaining
and introducing them.
(4) A portrait or a similar photographic
work produced by commission may not
be exhibited or reproduced without the
consent of the commissioner. |
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| Article
33 (Use by Means of Translation, etc.) |
(1) If a work is used
under Articles 23, 26, or 27, the work
may be used by means of translation,
arrangement, or adaptation.
(2) If a work is used under Articles
22, 24, 25, 29, or 30, the work may
be used by means of translation. |
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| Article
34 (Indication of Sources) |
(1) A person who uses
a work under this section shall indicate
its sources, except the cases as prescribed
under Articles 26, 29, or 31.
(2) The indication of the sources shall
be made clearly in the manner and to
the extent deemed reasonable by the
situation in which the work is used.
If the real name or pseudonym of the
author of a work is indicated, such
real name or pseudonym shall be indicated.
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| Article
35 (Relationship with Authors' Moral
Rights) |
| No provisions of this
section may be interpreted as affecting
the protection of authors' moral rights.
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| SECTION 7. DURATION OF AUTHORS' PROPERTY
RIGHTS |
| Article
36 (Principles of Protection Period)
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(1) Authors' property
rights in a work shall continue to subsist
during the life time of an author and
until the end of a period of fifty years
after the death of an author, unless
otherwise provided in this Section.
Authors' property rights in a work which
is first being made public forty years
after the death of an author and before
a period of fifty years has elapsed
shall continue to subsist for a period
of ten years after it is being made
public.
(2) Authors' property rights in a joint
work shall continue to subsist for a
period of fifty years after the death
of the last surviving author. |
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| Article
37 (Protection Period of Anonymous and
Pseudonymous Works) |
(1) Authors' property
rights in an anonymous or the pseudonymous
work, unless the pseudonym is widely
known, shall continue to subsist for
a period of fifty years after it has
been made public; provided that within
such period, if there are reasonable
grounds for recognizing a date fifty
years after the death of the author,
such property rights shall be deemed
to have lapsed fifty years after the
death of the author.
(amended by law no. 5015dec. 61995)
(2) The provision in Paragraph (1) shall
not apply to any of the following cases:
1. Where the real name or the well-known
pseudonym of an author is revealed during
the period as referred to in Paragraph
(1);
2. Where the real name of an author
is registered under Paragraph (1) of
Article 51 during the period as referred
to in Paragraph (1) |
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| Article
38 (Protection Period of Works in the
Name of Organization) |
| Authors' property rights
in any work being made public in the
name of an organization shall continue
to subsist for a period of fifty years
after it has been made public; provided
that if it has not been made public
within fifty years after its creation,
authors' property rights shall continue
to subsist for a period of fifty years
after its creation. |
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| Article
39 (The Time When Serial Publications,
etc. Have Been Made Public) |
(1) The time when a
work has been made public under the
proviso of Paragraph (1) of Article
36, Paragraph (1) of Article 37, or
Article 38, shall be determined by making
public of each volume, issue or installment
in the case of works which are being
made public in the form of volumes,
issues, or installments, or by making
public of the last part in the case
of works which are being made public
in parts in a successive manner.
(2) In the case of works to be completed
by making public in parts in a successive
manner, the last part already being
made public shall be considered to be
the last one under the Paragraph (1)
if the next part is not being made public
before the expiration of a period of
three years following the making public
of the preceding part. |
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| Article
40 (Initial Date of Protection Period) |
| The initial date of
the protection period of authors'' property
rights as prescribed under this Section
and Article 77 shall commence from the
beginning of the year following the
date when the author died, the work
is created, or is being made public.
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| SECTION 8. TRANSFER,
EXERCISE AND EXPIRY OF AUTHORS' PROPERTY
RIGHTS |
