Copyright law

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addenda

CHAPTER 5.SPECIAL CASES CONCERNING CINEMATOGRAPHIC WORKS

Article 99 (Cinematization of Works)

(1) If the holder of author’s economic right authorizes another person to exploit his/her work by means of cinematization, such authorization shall be presumed to include the following rights, unless otherwise expressly stipulated:

1. To dramatize a work for the production of a cinematographic work;
2. To publicly screen a cinematographic work aiming at a public screening;
3. To broadcast a cinematographic work aiming at broadcasting;
4. To interactively transmit a cinematographic work aiming at a interactive transmission;
5. To reproduce and distribute a cinematographic work for its original purpose;
6. To exploit the translation of a cinematographic work in the same manner as the cinematographic work.

(2) If the holder of author’s economic right authorizes a person to exploit his/her work by means of cinematization, unless otherwise stipulated, he/she may authorize, after the lapse of five years from the date of his/her authorization, the cinematization of the work in another form of cinematographic work.

Article 100 (Rights to Cinematographic Works)

(1) Where a producer of a cinematographic work and a person who agreed to cooperate in the production of a cinematographic work have obtained a copyright to the said cinematographic work, the rights necessary for the exploitation of such cinematographic work shall be presumed to have been transferred to the producer of the cinematographic work unless otherwise expressly stipulated.
(2) The copyright to a novel, play, work of art or musical work used for the production of a cinematographic work shall not be affected by the provision of paragraph (1).
(3) The right to reproduce under Article 69, the right to distribute under Article 70, the right to broadcast under Article 73, and the right to interactively transmit under Article 74 with regard to the use of a cinematographic work of a performer who agreed with the producer of a cinematographic work to cooperate in the production of a cinematographic work shall be presumed to have been transferred to the producer of cinematographic works, unless otherwise expressly stipulated.

Article 101 (Rights of Producers of Cinematographic Works)

(1) Rights necessary for the exploitation of a cinematographic work to be transferred by a person, who agreed to cooperate in the production of a cinematographic work, to a producer of a cinematographic work shall be the right to exploit the cinematographic work by means of reproduction, distribution, public presentation, broadcasting, interactive transmission, and others, and the said producer may transfer the rights, or establish the pledge thereon.
(2) The right to be transferred from a performer to a producer of a cinematographic work shall be the right to reproduce, distribute, broadcast or interactive transmit the said cinematographic work, and it may be interactively transferred or a pledge may be established thereon.

CHAPTER 5-2.SPECIAL RULES CONCERNING CINEMATOGRAPHIC WORKS

Article 101-2 (Objects of Protection)

This Act shall not apply to the following subparagraphs used to prepare programs:

1. Programming language: Characters, symbols and their systems as means expressing programs;
2. Protocol: A special agreement on how to use programming language in a specific program;
3. Algorithm: Combination methods of instructions and commands in a program.

Article 101-3 (Limitations on Author's Economic Right of Program)

(1) In any of the following cases, a program released may be reproduced or distributed to the extent necessary for that purpose: Provided, That where it unreasonably prejudices the interest of the holder of author's economic right in the light of types and purposes of programs, relative importance of a reproduced part in a program and the number of copies of reproduction or such, the same shall not apply:

1. Where a program is reproduced for a trial or investigation;
2. Where a program is reproduced or distributed for the purpose of providing it to a course of lessons by any person who is responsible for education at schools under the Early Childhood Education Act, the Elementary and Secondary Education Act and the Higher Education Act, and in educational institutions (limited to educational institutions by which educational attainments for entrance into a school of higher level are authorized or which confer an academic degree) established pursuant to other Acts;
3. Where a program is reproduced to be published in textbooks for the educational purpose of schools under the Elementary and Secondary Education Act and schools equivalent thereto;
4. Where a program is reproduced for personal purposes (excluding cases for the purpose of profit-making) in the confined place like home;
5. Where a program is reproduced or distributed for the purpose (excluding cases for the purpose of profit-making) of entrance examinations of schools under the Elementary and Secondary Education Act and the Higher Education Act and of schools equivalent thereto, or of other examinations or official approval for scholarship or skill;
6. Where a program is reproduced for the purpose of research, study, test of functions of a program to confirm ideas and principles which form the foundation of a program (only when any person who uses a program with legitimate authority is using the relevant program).

(2) Programs (limited to cases in which they are legitimately acquired) may be temporarily reproduced during the course of using a computer for the maintenance and repair of such computer.
<Newly Inserted by Act No. 11110, Dec. 2, 2011>
(3) Any person who intends to publish a program in textbooks pursuant to paragraph (1) 3 shall pay a remuneration under the standards determined and announced by the Minister of Culture, Sports and Tourism to the relevant holder of author's economic right. The provisions of Article 25 (5) through (9) shall apply mutatis mutandis to payment of a remuneration.

Article 101-4 (Decompilation of Program Codes)

(1) Where any person who uses a program with legitimate authority or any person who has obtained his/her permission cannot easily obtain necessary information for compatibility and it is inevitable for him/her to obtain the information, he/she may perform decompilation of program codes without obtaining permission of the holder of author’s economic right of the program limited to necessary part for compatibility of the relevant program.
(2) Where information obtained through decompilation of program codes under paragraph (1) falls under any of the following subparagraphs, it shall not be used:

1. Where information is exploited for the purpose other than the purpose of compatibility or is provided to a third party;
2. Where a program or expression subject to a reverse engineering of program code is exploited in development, production and sale of substantially similar programs or in infringement of copyright of the program.

Article 101-5 (Reproduction for Storage by Legitimate Users)

(1) Any person who possesses and uses a copy of program with legitimate authority may reproduce the relevant copy to the extent necessary to provide against destruction, damage or deterioration or such of the copy.
(2) When any person who possesses or uses a copy of program has lost the right to possess and use a copy of the relevant program, he/she shall destroy the copy made pursuant to paragraph (1) unless the holder of author’s economic right of the program specially expresses his/her intention: Provided, That where he/she has lost the right to possess and use a copy of program because the relevant copy of program has been destroyed, the same shall not apply.

101-6

Deleted <by Act No. 11110, Dec. 2, 2011>

101-7 (Bailment of Program)

(1) The holder of author’s economic right of a program and any person who has been authorized to use the program may bail the source code and technical information or such of the program to a person prescribed by Presidential Decree (hereafter referred to as “bailee” in this Article) by mutual consent.
(2) Any person who has been authorized to use a program may, when a reason stipulated in the consent obtained pursuant to paragraph (1) has arisen, request the bailee to provide him/her the source code and technical information or such of the program.