New copyright law of Korea

May I say the Copyright Act of Korea of 2006 has gone into effect will go into effect on June 1 29, 2007, or is it the Copyright Act of Korea of 2007? The law was revised in Dec. 28, 2006 but will go into effect in 2007.

The new law will probably remain to be cited as the Copyright Act of Korea. Korea does not have a numbering system similar to the US or other common law countries. But I’d say it’s fairly useful to attach the year of amendment or effective year so that people will know which copyright law they are talking about. The new Copyright Act is a total revision. There are a lot of things to be covered on the revision.

The Ministry of Culture and Tourism published a pamphlet explaining provision-by-provision on the changes. I’ll probably post on new copyright law in detail based on the pamphlet.

Hitory of Amendments/Revisions to the Copyright Act of Korea

The Copyright Act of Korea was first enacted in 1957. There have been 14 amendments, 2 out of which were total revisions. The first total revision was in 1986, the second in 2006.

Main Changes under the new Copyright Act

1. New definitions and changes to existing definitions

The concept of subject matter of copyright has been broadened. The concepts of public transmission and digital sound transmission have been introduced. Definition of publication has been amended. Definition of ‘public’ has been inserted.

2. Transmission for purpose of education is allowed.

3. Public use of undistributed compensation is allowed.

4. Copyrights of foreginers are exempt from the statutory permission. Simplification of re-permission procedure for copyrights under statutory permission.

5. Introduction of copyright certification system.

6. Scope of protectible phonograms is expanded.

7. Introduction of moral rights, distribution rights, live performance rights of performers are introduced.

8. Intensified rental rights of performers and producers of phonograms.

9. Recognition of foreign performers’ and phonogram producers’ right to request for compensation for broadcasting. (application of reciprocity)

10. Introduction of performers’ and phonogram producers’ right to request for compensation for digital sound transmission.

11. Change of the initial date of reckoning from the date of fixation to the date of publication. In effect, the duration of neighboring rights are extended.

12. New obligation on certain on-line service providers to provide technical measures to prevent illegal transmission, upon request by copyright holders.

13. New provision on the qualifications for copyright trust service and fine on illegal activities. (strenghthened duty)

14. Copyright Commission for Deliberation and Conciliation will be changed to Copyright Commission. (Simpler :)

15. Introduction of expert opinion by Copyright Commission system.

16. The Minister of Culture and Tourism is endowed with the authority to collect, dispose of, or delete illegal copies.

17. Frequent copyright infringement for profit becomes indictable without complaint. (Currently, copyright infringer may only be indicted upon complaint by the infringed copyright holder.)

This is it for brief summarization. Will go in detail.

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One thought on “New copyright law of Korea

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