Joint Ownership of Copyright in Korea

Article 2(13)

“Joint works” shall mean works created jointly by two or more persons and their respective contributions cannot be separately exploited.

Article 36 (Principles of Protection Period)

(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.

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.

Article 45 (Exercise of Authors’ Property Rights in Joint Works)

(1) Authors’ property rights in a joint work may not be exercised without the unanimous agreement of all the owners of authors’ property rights. Each owner of authors’ property rights shall not be entitled to transfer by assignment or pledge his share of authors’ property rights without the consent of the other authors. Each owner may not, without reasonable justification, prevent the agreement from being reached or refuse in bad faith the consent.

(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. If the degree of each contribution is not clear, the profit may be equally apportioned to all the authors.

(3) The owner of authors’ property rights in a joint work may renounce his share. In the case of renunciation and death of the owner of authors’ property rights without heir, his share may be apportioned among other authors according to the ratio of their holding shares.

(4) The provisions of Paragraphs (1) and (2) of Article 15 shall apply mutatis mutandis to the exercise of authors’ property rights in a joint work. In this case, “authors’ moral rights” are considered the same as “authors’ property right”.

Article 97 (Infringement in Respect of a Joint Work)

Each author of, or each owner of authors’ property rights in, a joint work shall be entitled to make, without the consent of the other authors or owners of author’s property rights, the demand prescribed under Article 91, or demand for compensation for damages under Article 93 to his share in a joint work

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4 thoughts on “Joint Ownership of Copyright in Korea

  1. I came across your blog while searching for terms for a translation of Korean copyright law.
    I have linked your blog to mine, and I will come back again from time to time.
    Enjoy the festive season!

  2. iplawyer says:

    Hi,
    I don’t know how to call you, but welcome.
    Do you read and understand Korean?
    It seems like you’re researching for your thesis. Good luck with your research.

  3. I admire you for blogging in both languages on such a technical subject. Yes, I am. My name is Paul. I am researching for my thesis on competition in high-tech industries. Korea is an interesting case study because innovation has been successful here in broadband and telecommunications in particular. Also my friends in Korea ask me about IP law issues in Korea all the time. Your blog and comments as an expert in patent law are very useful to me as I am not originally specialized in IP, rather antitrust law. I look forward to your critical comments as I do not know the law in reality in Korea well.

  4. iplawyer says:

    I don’t deserve such a compliment. But I try to keep my blog up to date with the current changes in Korean IP laws.
    I’m glad somebody like you found this blog. I seldom get comments or feedbacks and I almost thought of this blog as my private log.
    I will link your blog and keep an eye on that.

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