Copyright law

Chapter 2.COPYRIGHTSECTION 7. Exclusive Publication Right

Article 57 (Establishment of Exclusive Publication Right)

  1. (1) A person who holds the right to publish or reproduce and interactively transmit (hereinafter referred to as "publication, etc.") works, etc. may establish an exclusive right (hereinafter referred to as "exclusive publication right" and excluding the right of publication under Article 63; hereinafter the same shall apply) for a person who intends to use such works, etc. for publication, etc.
    <Amended by Act No. 11110, Dec. 2, 2011>
  2. (2) The holder of author's economic right may establish a new exclusive publication right to the extent that the methods and conditions of publication, etc. of relevant works, etc. do not overlap.
    <Newly Inserted by Act No. 11110, Dec. 2, 2011>
  3. (3) The person for whom the exclusive publication right (hereinafter referred to as “holder of the exclusive publication right”) has been established under paragraph (1) shall have the right to use the work that is the object of such exclusive publication right by means of publication, etc., according to the terms of the contract of establishment.
    <Amended by Act No. 11110, Dec. 2, 2011>
  4. (4) If the right of pledge is established on the right of reproduction, distribution or interactive transmission of a work, the holder of author's economic right may establish the exclusive publication right only with the authorization of the pledgee.
    <Amended by Act No. 11110, Dec. 2, 2011>

Article 58 (Obligations of Holder of Exclusive Publication Right)

  1. (1) Unless otherwise stipulated in the contract of establishment, the holder of the exclusive publication right shall use the work by means of publication, etc. within the period of nine months from the date when he/she received manuscripts or other similar materials which are necessary for the reproduction of the work.
    <Amended by Act No. 11110, Dec. 2, 2011>
  2. (2) Unless otherwise stipulated in the contract of establishment, the holder of the exclusive publication right shall continue to use the work by means of publication, etc. in accordance with customary practice.
    <Amended by Act No. 11110, Dec. 2, 2011>
  3. (3) Unless otherwise stipulated in the contract, the holder of the exclusive publication right shall put a mark of holder of author's economic right on each reproduction, as stipulated by Presidential Decree.
    <Amended by Act No. 11110, Dec. 2, 2011>

Article 58-2 (Revision, Addition or Reduction of Work)

  1. (1) If the holder of the exclusive publication right reuses a work that is the object of its right by means of publication, etc., the author may revise, add or reduce the contents of the work to the extent that it is justified.
    <Amended by Act No. 11110, Dec. 2, 2011>
  2. (2) Whenever the holder of the exclusive publication right intends to reuse a work that is the object of its right by means of publication, etc., unless otherwise stipulated in the contract, he/she shall notify the author of his/her intention in advance.
    <Amended by Act No. 11110, Dec. 2, 2011>

Article 59 (Duration, etc. of Exclusive Publication Right)

  1. (1) The duration of the exclusive publication right shall be three years from the date of its first publication, etc., unless otherwise stipulated in the contract of establishment: Provided, That the duration shall be five years where the exclusive publication right is established to cinematize such work.
    <Amended by Act No. 11110, Dec. 2, 2011>
  2. (2) If the author of the work which is the object of the exclusive publication right dies within the duration of the exclusive publication right, the holder of author's economic right, notwithstanding the provisions of paragraph (1), may reproduce the work in a complete collection of works or other compilation work, or use the work by means of publication, etc. by separating it from a complete collection of works or other compilation work.
    <Amended by Act No. 11110, Dec. 2, 2011>

Article 60 (Notification of Termination of Exclusive Publication Right)

  1. (1) If the holder of the exclusive publication right has violated Article 58 (1) or (2), the holder of author's economic right may call on him/her to fulfill his/her obligation for a prescribed period of not shorter than six months. If the holder of the exclusive publication right fails to do so during such period, the holder of author’s economic right may notify him/her of the termination of his/her exclusive publication right.
    <Amended by Act No. 11110, Dec. 2, 2011>
  2. (2) The holder of author's economic right may immediately notify the holder of the exclusive right of publication of its termination, notwithstanding the provisions of paragraph (1), when it is obvious that it is impossible for the holder of the exclusive publication right to use the work by means of publication, etc., or that he/she has no intention to do so.
    <Amended by Act No. 11110, Dec. 2, 2011>
  3. (3) When the termination of the exclusive publication right is notified under the provisions of paragraph (1) or (2), the exclusive publication right is presumed to have been terminated on the date the holder of the exclusive publication right has received such notification.
    <Amended by Act No. 11110, Dec. 2, 2011>
  4. (4) In cases of paragraph (3), the holder of author's economic right may, at any time, claim to the holder of the exclusive publication right for restitution or compensation for damages accruing from the suspension of publication, etc. of the work.
    <Amended by Act No. 11110, Dec. 2, 2011>

Article 61 (Distribution of Reproductions after Termination of Exclusive Publication Right)

After the termination of the exclusive publication right on account of the expiration of the duration of the right or other reasons, the holder of the exclusive publication right shall not distribute copies reproduced within the duration of the right, except in any of the following cases:
<Amended by Act No. 11110, Dec. 2, 2011>

  1. 1. Where otherwise stipulated in the contract of establishment;
  2. 2. Where he/she has already paid any remuneration to the holder of author's economic right for publication, etc. within the duration of the exclusive publication right, and he/she distributes the number of copies equivalent to such payment.

Article 62 (Transfer by Assignment of, and Limitations on, Exclusive Publication Right, etc.)

  1. (1) No holder of the exclusive publication right shall transfer or pledge such right without the consent of the holder of author's economic right.
  2. (2) Articles 23, 24, 25 (1) through (3), 26 through 28, 30 through 33, 35 (2) and (3), 35-2, 35-3, 36 and 37 shall apply mutatis mutandis to the reproduction, etc. of works, etc. that are the object of the exclusive publication right.

<This Article Wholly Amended by Act No. 11110, Dec. 2, 2011>

CHAPTER 2.COPYRIGHTSECTION 7-2. Special Provisions Concerning Publication

Article 63 (Establishment of Publication Right)

  1. (1) A person who holds the right to reproduce or distribute a work (hereinafter referred to as "holder of the right of reproduction") may establish the right to publish such work (hereinafter referred to as "publication right") for a person who intends to publish such work in documents or pictures by printing them or by other method similar thereto.
  2. (2) A person for whom the publication right is established pursuant to paragraph (1) (hereinafter referred to as "holder of the publication right") may hold the right to publish the original copy of the work that is the object of the publication right as prescribed by the act of establishment.
  3. (3) Where the pledge has been established for the right of reproduction of relevant work, the holder of the right of reproduction may establish the publication right therefor only with the pledgee’s permit.

<This Article Newly Inserted by Act No. 11110, Dec. 2, 2011>

Article 63-2 (Mutatis Mutandis Application)

@Articles 58 through 62 shall apply mutatis mutandis to the publication right. In such cases, "exclusive publication right" shall be construed as "publication right" and "holder of author's economic right" as "holder of the right of reproduction."

<This Article Newly Inserted by Act No. 11110, Dec. 2, 2011>