Copyright law
Chapter 2.COPYRIGHTSECTION 6. Registration and Authentication
Article 53 (Registration of Copyright)
- (1) An author may register any of the following:
- 1. Real name, pseudonym (limited to the case where pseudonym is used at the time of making it public), nationality, domicile or residence of an author;
- 2. Title, types or date of creation of a work;
- 3. Whether a work has been made public, and the country and date/month/year in which the work was first made public;
- 4. Other matters prescribed by Presidential Decree.
- (2) In the absence of any special intention of the author at his/her death, the person designated by the will of the author or his/her heir may register the items falling under any of the subparagraphs of paragraph (1).
- (3) The person whose real name is registered as the author pursuant to paragraphs (1) and (2) shall be presumed to be the author of the registered work, and the work whose date of creation or the date on which it has been made public for the first time is registered shall be presumed to have been created or made public for the first time on the date it has been registered: Provided, That where the date, month and year of creation has been registered after one year passed from the time when a work had been created, it shall not be presumed to have been created on the date, month and year registered.
<Amended by Act No. 9625, Apr. 22, 2009>
Article 54 (Registration and Effect of Changes in Rights, etc.)
The following may be registered, and shall not bind third parties without their registration:
<Amended by Act No. 11110, Dec. 2, 2011>
- 1. Transfer by assignment of author’s economic right (excluding that by inheritance or other successions in general), or limitation on the disposal of author’s economic right;
- 2. Establishment, transfer, alteration, extinction or limitation on the disposal of the right of exclusive publication under Article 57 or the right of publication under Article 63;
- 3. Establishment, transfer, alteration, or expiry, or the limitation on the disposal of the right of pledge on author’s property rights, exclusive rights of publication pursuant to Article 57, and publication rights pursuant to Article 63.
Article 55 (Procedures, etc. for Registration)
- (1) The registration under Articles 53 and 54 shall be made by the Minister of Culture, Sports and Tourism by making an entry in the copyright register (in cases of programs, referring to a program register; hereafter the same shall apply in this Article).
<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009> - (2) Where it falls under any of the following subparagraphs, the Minister of Culture, Sports and Tourism may return the application: Provided, That if the deficiency in the application can be corrected and the applicant corrects it on the day, the same shall not apply:
<Amended by Act No. 8852, Feb. 29, 2008>
- 1. Where the matters that have been applied for registration are not fit for registration;
- 2. Where the application for registration does not conform to the form stipulated by Ordinance of the Ministry of Culture, Sports and Tourism, or is not accompanied with other necessary materials or documents.
- (3) The Minister of Culture, Sports and Tourism shall publish a registration gazette or post on the information and communications network regarding the registration stated on the copyright register pursuant to the provisions of paragraph (1), and where there is an applicant, he/she shall have him/her peruse the copyright register or deliver copies thereof.
<Amended by Act No. 8852, Feb. 29, 2008> - (4) Matters necessary for registration under paragraphs (1) through (3), return of application for registration, publication of registration gazette or posting, perusal of the copyright register and issuance of copies thereof, etc. shall be prescribed by Presidential Decree.
Article 55-2 (Confidentiality Obligation)
Any person who conducts registration business pursuant to Articles 53 through 55 and who was in that position shall not divulge any secret he/she obtained on his/her duty to others.
<This Article Newly Inserted by Act No. 9625, Apr. 22, 2009>
Article 56 (Authentication of Holder of Right, etc.)
- (1) The Minister of Culture, Sports and Tourism may designate an authentication organization for the security of transaction of works, etc. and protection of confidence.
<Amended by Act No. 8852, Feb. 29, 2008> - (2) Matters necessary for the designation and revocation of the designation of authentication organization, authentication procedures, etc. pursuant to paragraph (1) shall be prescribed by Presidential Decree.
<Amended by Act No. 9625, Apr. 22, 2009> - (3) The authentication organization under paragraph (1) may collect fees for authentication and the amount thereof shall be determined by the Minister of Culture, Sports and Tourism.
<Amended by Act No. 8852, Feb. 29, 2008>