Statutes of the Republic of Korea

No. 9785
Promulgation Date 2009-07-31
Ministry of Culture, Sports and Tourism

ALL

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1 (Purpose)

Article 2 (Definitions)

Article 2-2 (Formulation of Policies on Protection of Copyright)

Article 3 (Foreigners’ Works)

CHAPTER Ⅱ COPYRIGHT

Section 1 Works

Article 4 (Examples of Works)

Article 5 (Derivative Works)

Article 6 (Compilation Works)

Article 7 (Works Not Protected)

Section 2 Authors

Article 8 (Presumption of Authors, etc.)

Article 9 (Author of Professional Works)

Article 10 (Copyright)

Section 3 Author¡?s Moral Right

Article 11 (Right of Disclosure)

Article 12 (Right of Attribution)

Article 13 (Right of Integrity)

Article 14 (Inalienability of Author’s Moral Right)

Article 15 (Author’s Moral Right to Joint Work)

Section 4 Author¡?s Property Right

Sub-Section 1 Kinds of Author’s Property Rights

Article 16 (Right of Reproduction)

Article 17 (Right of Public Performance)

Article 18 (Right of Public Transmission)

Article 19 (Right of Exhibition)

Article 20 (Right of Distribution)

Article 21 (Right of Lease)

Article 22 (Right of Production of Derivative Works)

Sub-Section 2 Limitation on Author’s Property Right

Article 23 (Reproduction for Judicial Proceedings, etc.)

Article 24 (Use of Political Speech, etc.)

Article 25 (Use for Purpose of School Education)

Article 26 (Use for Current News Report)

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

Article 28 (Quotation from Works Made Public)

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

Article 30 (Reproduction for Private Use)

Article 31 (Reproductions, etc. in Libraries, etc.)

Article 32 (Reproduction for Examination Questions)

Article 33 (Reproduction, etc. for Visually Handicapped, etc.)

Article 34 (Temporary Sound or Video Recordings by Broadcasting Service Providers)

Article 35 (Exhibition or Reproduction of Works of Art, etc.)

Article 36 (Use by Means of Translation, etc.)

Article 37 (Indication of Sources)

Article 37-2 (Exclusion from Application)

Article 38 (Relationship with Author’s Moral Rights)

Sub-Section 3 Protection Period of Author’s Property Right

Article 39 (Principles of Protection Period)

Article 40 (Protection Period of Anonymous and Pseudonymous Works)

Article 41 (Protection Period of Professional Works)

Article 42 (Protection Period of Cinematographic Works and Programs)

Article 43 (Time when Serial Publications, etc. have been Made Public)

Article 44 (Commencement of Protection Period)

Sub-Section 4 Transfer, Exercise and Expiry of Author’s Property Right

Article 45 (Transfer of Author’s Property Right)

Article 46 (Authorization to Exploit Works)

Article 47 (Exercise, etc. of Right of Pledge on Author’s Property Right)

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

Article 49 (Expiry of Author’s Property Rights)

Section 5 Exploitation of Works Under Legal License

Article 50 (Exploitation of Works Whose Holder of Author’s Property Right is Unknown)

Article 51 (Broadcasting of Works Made Public)

Article 52 (Production of Commercial Music Records)

Section 6 Registration and Authentication

Article 53 (Registration of Copyright)

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

Article 55 (Procedures, etc. for Registration)

Article 55-2 (Obligation of Secrecy)

Article 56 (Authentication of Holder of Right, etc.)

Section 7 Right of Publication

Article 57 (Establishment of Right of Publication)

Article 58 (Obligations of Holder of Right of Publication)

Article 59 (Revision, Addition or Reduction of Work)

Article 60 (Duration, etc. of Right of Publication)

Article 61 (Notification of Termination of Right of Publication)

Article 62 (Distribution of Copies of Work after Termination of Right of Publication)

Article 63 (Transfer by Assignment of, and Limitations on, Right of Publication, etc.)

CHAPTER Ⅲ NEIGHBORING RIGHTS

Section 1 Common Provisions

Article 64 (Protected Performance, Music Record and Broadcast)

Article 65 (Relationship with Copyright)

Section 2 Rights of Performers

Article 66 (Right to Indicate Name)

Article 67 (Right to Maintain Identity)

Article 68 (Personal Right of Performer Belonging Exclusively to One’s Self)

Article 69 (Right of Reproduction)

Article 70 (Right of Distribution)

Article 71 (Right of Lease)

Article 72 (Right to Perform)

Article 73 (Right to Broadcast)

Article 74 (Right to Forward)

Article 75 (Compensation by Broadcasting Service Providers to Performers)

Article 76 (Compensation by Digital Audio Transmission Service Providers to Performers)

Article 76-2 (Compensation to Performers by Persons Performing in Public by Making Use of Commercial Music Records)

Article 77 (Joint Performers)

Section 3 Rights of Music Record Producers

Article 78 (Right of Reproduction)

Article 79 (Right of Distribution)

Article 80 (Right of Lease)

Article 81 (Right to Forward)

Article 82 (Compensation to Music Record Producers by Broadcasting Service Providers)

Article 83 (Compensation to Music Record Producers by Digital Audio Transmission Service Provider)

Article 83-2 (Compensation to Music Record Producers by Persons Performing in Public by Making Use of Commercial Music Records)

Section 4 Rights of Broadcasting Service Providers

Article 84 (Right of Reproduction)

Article 85 (Right of Simultaneous Relay)

Section 5 Protection Period for Neighboring Right

Article 86 (Protection Period)

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

Article 87 (Limitations on Neighboring Rights)

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

Article 89 (Legal License for Use of Stage Performances, Music Records and Broadcasting)

Article 90 (Registration of Neighboring Rights)

CHAPTER Ⅳ PROTECTION OF DATABASE PRODUCERS

Article 91 (Database to be Protected)

Article 92 (Exception from Application)

Article 93 (Rights of Database Producers)

Article 94 (Restrictions on Rights of Database Producers)

Article 95 (Period of Protection)

Article 96 (Transfer, Exercise, etc. of Rights of Database Producers)

Article 97 (Legal License for Use of Database)

Article 98 (Registration of Rights of Database Producers)

CHAPTER Ⅴ SPECIAL CASES CONCERNING CINEMATOGRAPHIC WORKS

Article 99 (Cinematization of Works)

Article 100 (Rights in Cinematographic Works)

Article 101 (Rights of Producers of Cinematographic Works)

CHAPTER Ⅴ-2 SPECIAL CASES ON PROGRAMS

Article 101-2 (Objects of Protection)

Article 101-3 (Restrictions on Author's Property Right of Program)

Article 101-4 (Converse Analysis of Program Codes)

Article 101-5 (Reproduction for Storage by Lawful Users)

Article 101-6 (Exclusive Publication Right of Program)

Article 101-7 (Deposit of Program)

CHAPTER Ⅵ RESTRICTION ON RESPONSIBILITY OF ONLINE SERVICE PROVIDERS

Article 102 (Restriction on Responsibility of Online Service Providers)

Article 103 (Suspension of Reproduction or Transmission)

Article 104 (Responsibility, etc. of Online Service Providers of Special Type)

CHAPTER Ⅶ COPYRIGHT MANAGEMENT SERVICE

Article 105 (Permission, etc. for Copyright Management Service)

Article 106 (Responsibility of Copyright Trust Management Businessman)

Article 107 (Request for Perusal of Papers)

Article 108 (Supervision)

Article 109 (Cancellation, etc. of Permission)

Article 110 (Hearing)

Article 111 (Disposition of Penalty Surcharge)

CHAPTER Ⅷ KOREA COPYRIGHT COMMISSION

Article 112 (Establishment of Korea Copyright Commission)

Article 112-2 (Formation of Commission)

Article 113 (Duties)

Article 113-2 (Mediation)

Article 114 (Conciliation Division)

Article 114-2 (Application for Conciliation)

Article 115 (Being Closed to Public)

Article 116 (Restriction on Quotation of Statement)

Article 117 (Conclusion of Conciliation)

Article 118 (Conciliation Expense, etc.)

Article 119 (Appraisal)

Article 120 (Copyright Information Center)

Article 121 Deleted.

Article 122 (Support to Expense, etc.)

CHAPTER Ⅸ REMEDY FOR INFRINGEMENT OF RIGHTS

Article 123 (Right of Demanding Suspension, etc. of Infringement)

Article 124 (Act Considered to be Infringement)

Article 125 (Claim for Damages)

Article 126 (Acknowledgement of Loss Amounts)

Article 127 (Right of Demanding Restoration of Reputation, etc.)

Article 128 (Protection of Author’s Moral Profits after Death)

Article 129 (Infringement on Rights to Joint Work)

CHAPTER Ⅹ SUPPLEMENTARY PROVISIONS

Article 130 (Commission and Entrustment of Authority)

Article 131 (Legal Fiction as Public Official in Application of Penal Provisions)

Article 132 (Fee)

Article 133 (Collection, Scrapping and Deletion of Illegal Reproduction)

Article 133-2 (Orders, etc. for Deletion of Illegal Reproductions, etc. through Information and Communications Network)

Article 133-3 (Recommendation of Correction)

Article 134 (Projects for Creation of Healthy Environment for Utilization of Works)

Article 135 (Donation of Author’s Property Right, etc.)

CHAPTER ? PENAL PROVISIONS

Article 136 (Crime of Infringement of Rights)

Article 137 (Illegal Publications, etc.)

Article 138 (Offenses such as Failure to Indicate Sources)

Article 139 (Confiscation)

Article 140 (Complaint)

Article 141 (Joint Penal Provisions)

Article 142 (Fine for Negligence)

ADDENDA

ADDENDA<Act No. 8852, Feb. 29, 2008>

ADDENDUM<Act No. 9529, Mar. 25, 2009>

ADDENDA<Act No. 9625, Apr. 22, 2009>

ADDENDA<Act No. 9785, Jul. 31, 2009>