OVERVIEW OF COPYRIGHTS

(1) Subject matter of copyrights

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A “work” refers to a creation that expresses human thoughts and emotions, fixed in any tangible medium of expression. A copyright is a right which the creator (author) has over his work which arises at the time of creation of the work. Unlike other intellectual property rights, such as patents, trademarks and design rights, copyrights do not require a separate application or registration process for the right to take effect.

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(2) Types of copyright 

Copyrights are categorized into (i) "moral rights" which belong exclusively to the author and may not be assigned or waived; and (ii) "economic rights" which are related to the economic valuses of the works and are freely assignable.

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• Moral rights
a. Right of disclosure    The right to decide whether or not to publish the work, and if it is to be published, when and how it shall be made public.
b. Right of attribution    The right to or not to mark the name of the author on his work.
c. Right of integrity    The right to maintain the integrity of the content, form, etc. of a work as the original.

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• Economic rights
a. Right of reproduction : The right to reproduce a work by printing, taking photographs or copying, etc.
b. Right of public performance : The right to disclose a work to the public by methods of screenplay, performance, playback, etc.
c. Right of public transmission : The right to transmit a work using cable and wireless communication for it to be received by the public.
d. Right of exhibition : The right to exhibit a work and disclose it to the public.
e. Right of distribution : The right to distribute a work to the public, with charge or free-of-charge.
f. Right of rental : The right to rent and lend a work to the public, with charge or free-of-charge.

g. Derivative right : The right to make a derivative work of an original work through translation, transformation, adaptation, etc.

(3) Copyrighted works in public domain

Copyright law limits the exercise of economic rights in certain cases, in consideration of public interests(“fair use”). Such fair uses include the followings: reproduction for judicial proceedings; use for political speech; use of public works; use for the purpose of school education; use for news reporting; reproduction of news articles or editorials; quotation from works already made public; public performance and broadcasting for non-profit purposes; reproduction for private use; reproductions in libraries; reproduction as examination questions; reproduction for the physically impaired; temporary sound or visual recordings by broadcasting organization; exhibition or reproduction of works of art; temporary reproduction in the course of using works; and use by means of translation.
However, it should be noted that in order for the above fair use doctrine to apply, it may be necessary to indicate the source of the work by reasonable and acceptable means.

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(4) Effects of copyright registration

While registration is not necessary to obtain a copyright, in the event that certain information (author, date of creation, date of publication, etc.) is registered pursuant to the Copyright Act, the copyright owner may enjoy the following benefits. Therefore, it is advisable to make good use of copyright registration.

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a. Presumption  

The person, whose real name is registered as the author, is presumed to be the authentic author of the registered work. And the work, for which the date of creation or the date of its first publication is registered, is presumed to have been created or made public for the first time on such registration date.

b. Effect against third parties

Transfer, setting limitation on disposal, and establishment of pledges with respect to economic rights of copyright should be registered in order to be effective against any other third parties.

c. Presumption of negligence 

The person, who infringes a registered copyright, is presumed to have been negligible with respect to such infringement.

d. Statutory damages 

It is possible to claim for damages up to KRW 10 million (KRW 50 million in cases of intentional infringement for profit) for each infringed work, without a complicated calculation of the amount of actual damages.

Copyright registration can be easily done via a website (https://www.cros.or.kr), and, in most cases, the author himself can handle such process.