Copyright law

Chapter 2.COPYRIGHTSECTION 5. Exploitation of Works Under Statutory License )

Article 50 (Exploitation of Works Whose Holder of Author’s Economic Right is Unknown)

  1. (1) Where any person fails, despite his/her considerable efforts to meet the standards prescribed by Presidential Decree, to identify the holder of author’s economic right to a work (excluding foreigners’ works) made public, or his/her place of residence, and therefore is unable to obtain any authorization for its exploitation, he/she may exploit the work by depositing a remuneration as determined by the Minister of Culture, Sports and Tourism after obtaining his/her approval as prescribed by Presidential Decree.
    <Amended by Act No. 8852, Feb. 29, 2008>
  2. (2) The person who exploits a work pursuant to paragraph (1) shall indicate the intention to use and the approval date.
  3. (3) When the work legally licensed pursuant to the provisions of paragraph (1) becomes the object of statutory license again, the procedures of considerable endeavors corresponding to the standards prescribed by Presidential Decree pursuant to the provisions of paragraph (1) may be omitted: Provided, That if the holder of author’s economic right raises an objection according to the procedures prescribed by Presidential Decree before approval on statutory license to the work, the same shall not apply.When the work legally licensed pursuant to the provisions of paragraph (1) becomes the object of statutory license again, the procedures of considerable endeavors corresponding to the standards prescribed by Presidential Decree pursuant to the provisions of paragraph (1) may be omitted: Provided, That if the holder of author’s economic right raises an objection according to the procedures prescribed by Presidential Decree before approval on statutory license to the work, the same shall not apply.
  4. (4) The Minister of Culture, Sports and Tourism shall post the content of statutory license on the information and communication network as prescribed by Presidential Decree.
    <Amended by Act No. 8852, Feb. 29, 2008>

Article 51 (Broadcasting of Works Made Public)

Where a broadcasting organization which intends to broadcast a work already made public for the sake of the public benefit has negotiated with the holder of author’s economic rights but failed to reach an agreement, it may broadcast the work with approval of the Minister of Culture, Sports and Tourism as prescribed by Presidential Decree, and by paying to the holder of author’s economic right or depositing remuneration as determined by the Minister of Culture, Sports and Tourism.
<Amended by Act No. 8852, Feb. 29, 2008>

Article 52 (Production of Commercial Phonogram)

If three years have passed after the date of the first sale of a commercial phonogram in the Republic of Korea, and if any person who intends to produce a commercial phonogram by recording works already recorded on such phonogram has negotiated with the holder of author’s economic right but failed to reach an agreement, he/she may produce the phonogram with approval of the Minister of Culture, Sports and Tourism as prescribed by Presidential Decree, and by paying to the holder of author’s economic right or depositing remuneration under the standards determined by the Minister of Culture, Sports and Tourism.
<Amended by Act No. 8852, Feb. 29, 2008; Act No. 14083, Mar. 22, 2016>