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KOREA COPYRIGHT COMMISSION

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Copyright law

Chapter 3.NEIGHBORING RIGHTSSECTION 1. General Provisions

Article 64 (Protected Performance, Phonogram and Broadcast)

  1. (1) The following performances, phonogram and broadcasts shall be protected pursuant to this Act:
    <Amended by Act No. 11110, Dec. 2, 2011>
  1. 1. Performances:
    1. a. Performances conducted by nationals of the Republic of Korea (including legal persons established under the Acts of the Republic of Korea, and foreign legal persons maintaining their principal offices in the Republic of Korea; hereinafter the same shall apply);
    2. b. Performances protected under the international treaties to which the Republic of Korea has acceded or which it has ratified;
    3. c. Performances fixed in phonograms as referred to in any item of subparagraph 2;
    4. d. Performances transmitted by broadcasts as referred to in any item of subparagraph 3 (excluding those included in sound or visual recordings before transmission);
  2. 2. Phonograms:
    1. a. Phonograms produced by nationals of the Republic of Korea;
    2. b. Phonograms in which sounds have been fixed for the first time in the Republic of Korea;
    3. c. Phonograms in which sounds have been fixed for the first time in a foreign country party to the treaties and thus protected under such treaties to which the Republic of Korea has acceded or which it has ratified and thus protected under such treaties;
    4. d. Phonograms which are protected according to treaties in which the Republic of Korea has acceded to or concluded, and whose producers are nationals (including any legal person established pursuant to the Acts of the relevant contracting country and any legal person whose main office is located in the relevant contracting country) of the contracting country;
  3. 3. Broadcasts:
    1. a. Broadcasts made by broadcasting organizations which are nationals of the Republic of Korea;
    2. b. Broadcasts made from broadcasting facilities located in the Republic of Korea;
    3. c. Broadcasts made by broadcasting organizations who are nationals of a foreign country party, from broadcasting facilities located in the foreign country party to the treaties to which the Republic of Korea has acceded or which it has ratified and thus protected under such treaties.
  1. (2) Even in cases of performances, phonogram and broadcasts of foreigners protected pursuant to paragraph (1), where the period of protection has expired in the relevant foreign country, the period of protection under this Act shall not be recognized.
    <Newly Inserted by Act No. 11110, Dec. 2, 2011>

Article 64-2 (Presumption of Performers, etc.)

A person whose real name or widely known pseudonym as a performer, phonogram producer, or broadcasting organizations is indicated in a general manner in relation to performance, phonogram or broadcasting protected pursuant to this Act shall be presumed to have the right for such performance, phonogram or broadcasts as a performer, phonogram producer or broadcasting organizations, respectively.

<This Article Newly Inserted by Act No. 10807, Jun. 30, 2011>

Article 65 (Relationship with Copyright)

The provisions of each Article in this Chapter shall not be construed as affecting copyright.