Copyrights Law in South Korea
Absolutely! Here’s a clear summary of copyright law in South Korea:
🇰🇷 Copyright Law in South Korea
📜 Governing Legislation:
Copyright Act of South Korea (last major amendment in 2021)
Administered by the Korean Intellectual Property Office (KIPO)
South Korea is a member of international copyright treaties including the Berne Convention, WIPO Copyright Treaty (WCT), TRIPS Agreement, and Marrakesh Treaty.
📚 Types of Works Protected:
South Korean copyright law protects original works such as:
Literary works (books, articles, software)
Musical works
Artistic works (paintings, sculptures, photos)
Cinematographic works (films, videos)
Sound recordings
Broadcasts
Performances
Databases (with some protection)
Computer programs
⏳ Duration of Copyright:
General works: Life of the author + 70 years after death (extended from 50 years in 2022)
Works of corporate authorship or anonymous works: 70 years from publication
Photographs: Same duration as general works
For cinematographic works, duration is 70 years from the death of the last surviving principal director, screenplay writer, or composer of music specifically created for the film.
🧑⚖️ Rights Granted:
Economic Rights: Right to reproduce, distribute, publicly perform, broadcast, transmit, and adapt the work.
Moral Rights: Right to claim authorship and to maintain the integrity of the work. Moral rights are personal and cannot be waived.
Protection also extends to related rights (performers, producers of sound recordings, broadcasting organizations).
🔐 Ownership:
The author or creator is the initial owner unless the work is created under employment or commissioned contract, where ownership may transfer.
Copyright arises automatically upon creation without any formal registration.
⚖️ Enforcement and Remedies:
South Korea has a strong enforcement system including:
Civil remedies: injunctions, damages, delivery up or destruction of infringing copies
Criminal penalties: fines and imprisonment for copyright infringement
Enforcement actions are handled by courts and customs authorities (for border measures).
🌐 International Treaties:
South Korea is a party to:
Berne Convention
WIPO Copyright Treaty (WCT)
TRIPS Agreement
Marrakesh Treaty (access to published works for visually impaired persons)
These treaties ensure international protection of South Korean works and reciprocal protection for foreign works.
📝 Summary Table:
| Aspect | Detail |
|---|---|
| Law | Copyright Act (last amended 2021) |
| Protected Works | Literary, artistic, musical, films, broadcasts, computer programs, databases |
| Duration | Life + 70 years |
| Rights | Economic + Moral |
| Registration | Not required (automatic) |
| Enforcement | Civil and criminal remedies |
| International Treaties | Berne, WIPO, TRIPS, Marrakesh |
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