Statutes of the Republic of Korea

No. 19597
Promulgation Date 2023-08-08
Ministry of Culture, Sports and Tourism

ALL

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

Article 2 (Definitions)

Article 2-2 (Formulation of Measures for 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)

Article 9 (Author of Works Made for Hire)

Article 10 (Copyright)

SECTION 3 Author’s Moral Right

Article 11 (Right to Make Public)

Article 12 (Right of Paternity)

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 Economic Rights

SubSection 1 Types of Author’s Economic 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 Rental)

Article 22 (Right of Production of Derivative Works)

SubSection 2 Limitations on Author’s Economic Rights

Article 23 (Reproduction for Judicial Proceedings)

Article 24 (Use of Political Speech)

Article 24-2 (Free Use of Public Works)

Article 25 (Use for Purpose of School Education)

Article 26 (Use for News Reporting)

Article 27 (Reproduction of News Articles or 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 in Libraries)

Article 32 (Reproduction to Be Used as Questions in Examination)

Article 33 (Reproduction for the Visually Impaired)

Article 33-2 (Reproduction for the Hearing Impaired)

Article 34 (Ephemeral Sound or Visual Recordings by Broadcast Organization)

Article 35 (Exhibition or Reproduction of Works of Art)

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

Article 35-3 (Incidental Reproduction)

Article 35-4 (Reproduction by Cultural Facilities)

Article 35-5 (Fair Use of Works)

Article 36 (Use by Means of Translation)

Article 37 (Indication of Sources)

Article 37-2 (Exclusion from Application)

Article 38 (Relationship with Author’s Moral Rights)

SubSection 3 Duration of Protection of Author’s Economic Rights

Article 39 (Principles of Copyright Term)

Article 40 (Copyright Term of Anonymous and Pseudonymous Works)

Article 41 (Copyright Term of Works Made for Hire)

Article 42 (Copyright Term of Cinematographic Works)

Article 43 (Time when Serial Publications Have Been Made Public)

Article 44 (Commencement of Copyright Term)

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

Article 45 (Transfer of Author’s Economic Rights)

Article 46 (Authorization to Use Works)

Article 47 (Exercise of Pledge Rights on Author’s Economic Rights)

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

Article 49 (Expiry of Author’s Economic Rights)

SECTION 5 Exploitation of Works under Statutory License

Article 50 (Exploitation of Works Whose Holder of Author’s Economic Rights Is Unknown)

Article 51 (Broadcasting of Works Made Public)

Article 52 (Production of Commercial Phonogram)

SECTION 6 Registration and Authentication

Article 53 (Registration of Copyright)

Article 54 (Registration and Effect of Changes in Rights)

Article 55 (Procedures for Registration)

Article 55-2 (Notice of Errors or Omissions and Ex Officio Correction)

Article 55-3 (Applications for Registration for Change)

Article 55-4 (Ex Officio Cancellation of Registration)

Article 55-5 (Duty of Confidentiality)

Article 56 (Authentication of Holder of Right)

SECTION 7 Exclusive Right of Publication

Article 57 (Establishment of Exclusive Right of Publication)

Article 58 (Obligations of Holder of Exclusive Right of Publication)

Article 58-2 (Revision, Addition, or Reduction of Work)

Article 59 (Duration of Exclusive Right of Publication)

Article 60 (Notification of Termination of Exclusive Right of Publication)

Article 61 (Distribution of Copies after Termination of Exclusive Right of Publication)

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

SECTION 7-2 Special Provisions Concerning Publication

Article 63 (Establishment of Publication Right)

Article 63-2 (Application Mutatis Mutandis)

Articles 58 through 62 shall apply mutatis mutandis to the publication right. In such cases, the term "exclusive right of publication" shall be construed as "right of publication", and the term "holder of author's economic right" as "holder of the right of reproduction."

CHAPTER III NEIGHBORING RIGHTS

SECTIONS 1 Common Provisions

Article 64 (Protected Performance, Phonogram, and Broadcast)

Article 64-2 (Presumption of Performers)

Article 65 (Relationship with Copyright)

SECTION 2 Performers Right

Article 66 (Right of Paternity)

Article 67 (Right of Integrity)

Article 68 (Inalienability of Performer’s Moral Rights)

Article 69 (Right of Reproduction)

Article 70 (Right of Distribution)

Article 71 (Right of Rental)

Article 72 (Right of Public Performance)

Article 73 (Right of Broadcasting)

Article 74 (Right of Interactive Transmission)

Article 75 (Remuneration by Broadcast Organizations to Performers)

Article 76 (Remuneration by Digital Sound Transmission Organizations to Performer)

Article 76-2 (Remuneration to Performer by Persons Doing Public Performance Using Commercial Phonograms)

Article 77 (Joint Performers)

SECTION 3 Rights of Phonogram Producers

Article 78 (Right of Reproduction)

Article 79 (Right of Distribution)

Article 80 (Right of Rental)

Article 81 (Right of Interactive Transmission)

Article 82 (Remuneration to Phonogram Producers by Broadcast Organization)

Article 83 (Remuneration to Phonogram Producers by Digital Sound Transmission Organization)

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

SECTION 4 Rights of Broadcast Organization

Article 84 (Right of Reproduction)

Article 85 (Right of Simultaneous Broadcasting)

Article 85-2 (Right of Public Performance)

SECTION 5 Term of Protection for Neighboring Right

Article 86 (Term of Protection)

SECTION 6 Limitations on, Transfers of Ownership, or Exercise of Neighboring Rights

Article 87 (Limitations on Neighboring Rights)

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

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

Article 90 (Registration of Neighboring Rights)

CHAPTER IV PROTECTION OF DATABASE PRODUCERS

Article 91 (Database under Protection)

Article 92 (Exception from Application)

Article 93 (Rights of Database Producers)

Article 94 (Limitations on Rights of Database Producers)

Article 95 (Period of Protection)

Article 96 (Transfer or Exercise of Rights of Database Producers)

Article 97 (Statutory 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 to Cinematographic Works)

Article 101 (Rights of Producers of Cinematographic Works)

CHAPTER V-2 SPECIAL RULES CONCERNING CINEMATOGRAPHIC WORKS

Article 101-2 (Objects of Protection)

Article 101-3 (Limitations on Author's Economic Right of Program)

Article 101-4 (Decompilation of Program Codes)

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

Article 101-6 Deleted.

Article 101-7 (Bailment of Program)

CHAPTER VI LIMITATION ON LIABILITY OF ONLINE SERVICE PROVIDERS

Article 102 (Limitation on Liability of Online Service Providers)

Article 103 (Suspension of Reproduction or Interactive Transmission)

Article 103-2 (Scope of Court Orders Issued to Online Service Providers)

Article 103-3 (Request for Information on Reproducers and Interactive Transmitters)

Article 104 (Obligation of Online Service Providers of Special Type)

CHAPTER VI-2 PROHIBITION OF CIRCUMVENTING TECHNOLOGICAL PROTECTION MEASURES

Article 104-2 (Prohibition of Circumventing Technological Protection Measures)

Article 104-3 (Prohibition of Removal and Alteration of Rights Management Information)

Article 104-4 (Prohibition of Circumvention of Encrypted Broadcasting Signals)

Article 104-5 (Prohibition of Forging of Labels)

Article 104-6 (Prohibition of Recording of Cinematographic Works)

Article 104-7 (Prohibition of Transmitting Signals Prior to Broadcasting)

Article 104-8 (Claim of Suspension or Prevention of Infringement)

CHAPTER VII COPYRIGHT MANAGEMENT SERVICE

Article 105 (Permission for Copyright Management Service)

Article 106 (Obligation of Copyright Trust Service Provider)

Article 106-2 (Prohibition of Refusal to Authorize Use)

Article 107 (Request for Perusal of Documents)

Article 108 (Supervision)

Article 108-2 (Request for Disciplinary Actions)

Article 109 (Revocation of Permission)

Article 110 (Hearings)

Article 111 (Imposition of Penalty Surcharges)

CHAPTER VIII KOREA COPYRIGHT COMMISSION

Article 112 (Establishment of Korea Copyright Commission)

Article 112-2 (Organization of the Commission)

Article 113 (Business Affairs)

Article 113-2 (Good Offices)

Article 114 (Mediation Division)

Article 114-2 (Application for Mediation)

Article 115 (Non-Disclosure)

Article 116 (Restriction on Use of Statement)

Article 117 (Success of Mediation)

Article 118 (Mediation Expenses)

Article 118-2 (Application Mutatis Mutandis of the Judicial Conciliation of Civil Disputes Act)

Article 119 (Appraisal)

Article 120 (Copyright Technology Center)

Article 121 Deleted.

Article 122 (Operation Expenses)

CHAPTER VIII-2 KOREA COPYRIGHT PROTECTION AGENCY

Article 122-2 (Establishment of Korea Copyright Protection Agency)

Article 122-3 (Articles of Incorporation of the Protection Agency)

Article 122-4 (Executive Officers of Protection Agency)

Article 122-5 (Business Activities)

Article 122-6 (Composition of Deliberation Committee)

Article 122-7 (Establishment of Offices and Branch offices)

CHAPTER IX REMEDIES FOR INFRINGEMENT OF RIGHTS

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

Article 124 (Acts Deemed Infringements)

Article 125 (Claim for Damages)

Article 125-2 (Claim for Statutory Damages)

Article 126 (Recognition of Damages)

Article 127 (Claim for Restoration of Reputation)

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

Article 129 (Infringement on Rights to Joint Work)

Article 129-2 (Provision of Information)

Article 129-3 (Orders to Maintain Confidentiality)

Article 129-4 (Revocation of Orders to Maintain Confidentiality)

Article 129-5 (Notice of Application Including Perusal of Records of Proceedings)

CHAPTER X SUPPLEMENTARY PROVISIONS

Article 130 (Delegation and Entrustment of Authority)

Article 130-2 (Cooperation in Duty to Enforce Law against Copyright Infringement)

Article 131 (Legal Fiction as Public Officials in Applying Penalty Provisions)

Article 132 (Fees)

Article 133 (Collection, Destruction, and Deletion of Illegal Copies)

Article 133-2 (Orders for Deletion of Illegal Copies through Information and Communications Networks)

Article 133-3 (Recommendation of Correction)

Article 134 (Projects to Create Environment Promoting Healthy Use of Works)

Article 135 (Donation of Author’s Economic Rights)

CHAPTER XI PENALTY PROVISIONS

Article 136 (Penalty Provisions)

Article 137 (Penalty Provisions)

Article 138 (Penalty Provisions)

Article 139 (Confiscation)

Article 140 (Complaints)

Article 141 (Joint Penalty Provisions)

Article 142 (Administrative Fines)

ADDENDA <Act No. 8101, Dec. 28, 2006>

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>

ADDENDA <Act No. 10807, Jun. 30, 2011>

ADDENDA <Act No. 11110, Dec. 2, 2011>

ADDENDUM <Act No. 11903, Jul. 16, 2013>

ADDENDUM <Act No. 12137, Dec. 30, 2013>

ADDENDA <Act No. 13978, Feb. 3, 2016>

ADDENDA <Act No. 14083, Mar. 22, 2016>

ADDENDUM <Act No. 14432, Dec. 20, 2016>

ADDENDA <Act No. 14634, Mar. 21, 2017>

ADDENDA <Act No. 15823, Oct. 16, 2018>

ADDENDA <Act No. 16600, Nov. 26, 2019>

ADDENDA <Act No. 16933, Feb. 4, 2020>

ADDENDUM <Act No. 17588, Dec. 8, 2020>

ADDENDUM <Act No. 17592, Dec. 8, 2020>

ADDENDA <Act No. 18162, May 18, 2021>

ADDENDA <Act No. 18547, Dec. 7, 2021>

ADDENDA <Act No. 19410, May 16, 2023>

ADDENDUM <Act No. 19592, Aug. 8, 2023>

ADDENDUM <Act No. 19597, Aug. 8, 2023>