Copyright law

Chapter 2.COPYRIGHTSECTION 3. AUTHOR’S MORAL RIGHTS

(1) The author shall have the right to decide whether or not to make his/her work public.
(2) If the author has transferred by assignment his/her economic right on a work which is not yet made public pursuant to Article 45, authorized its use pursuant to Article 46, or established the exclusive publication rights pursuant to Article 57 or publication rights pursuant to Article 63, he/she shall be presumed to have given the other party his/her consent to make it public.
<Amended by Act No. 9625, Apr. 22, 2009; Act No. 11110, Dec. 2, 2011>
(3) If the author has transferred by assignment the original of his/her work of art, architectural work or photographic work (hereinafter referred to as “work of art, etc.”) which has not been made public, he/she shall be presumed to have given the other party his/her consent to make it public in the manner of exhibition.
(4) If a derivative work or compilation work produced with the consent of the author has been made public, its original shall be also considered to have been made public.
(5) Where the author donates his/her pieces of unpublished work, etc. to libraries, etc. under Article 31, it shall be presumed that he/she consents to making them public at the time of his/her donation unless otherwise expressly stated.
<Newly Inserted by Act No. 11110, Dec. 2, 2011>

(1) The author shall have the right to indicate his/her real name or pseudonym on the original or copy of his/her work, or on the medium of publication by which his/her work is made public.
(2) Unless otherwise expressly stated by the author, the person using his/her work shall indicate the author’s name in accordance with the author’s manner of indicating his/her real name or pseudonym: Provided, That the same shall not apply where deemed unavoidable in the light of the nature of a work as well as the purpose and manner of its use.

(1) The author shall have a right to maintain the integrity of the content, form and title of his/her work.
(2) No author shall raise an objection to a modification falling under any of the following subparagraphs: Provided, That the same shall not apply to the modifications of substantial contents:
<Amended by Act No. 9625, Apr. 22, 2009>

1. In cases of using a work pursuant to Article 25, the modification of expression within the limit as deemed unavoidable for the purpose of school education;
2. Extension, rebuilding or other modifications of an architectural structure;
3. Modification within the necessary limit to enable a program used only on a specific computer to be run on other computers;
4. Modification within the necessary limit to use a program more effectively for a specific computer than others;
5. Other modifications within the limit as deemed unavoidable in the light of the nature of a work as well as the purpose and manner of its use.

(1) Author’s moral rights shall belong exclusively to the author.
(2) Even after the death of the author, no person who use his/her work shall commit an act which would be prejudicial to author’s moral rights if he/she were alive: Provided, That if such act is deemed to have not defamed the honor of the author in the light of the nature and extent of the act, and in view of the prevailing social norms, the same shall not apply.

(1) Author’s moral right to a joint work may not be exercised without the unanimous agreement of all the authors concerned. In such cases, 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 under paragraph (2), if any, shall not be effective against a bona fide third person.