Copyright law

CHAPTER 6.LIMITATION ON LIABILITY OF ONLINE SERVICE PROVIDERS

Article 102 (Limitation on Liability of Online Service Providers)

  1. (1) Even if copyright or other rights protected pursuant to this Act are infringed in relation to any of the following subparagraphs, an online service provider shall not be responsible for such infringement, where he/she meets all of the following requirements in the items pursuant to each subparagraph:<Amended by Act No. 10807, Jun. 30, 2011; Act No. 11110, Dec. 2, 2011>
  1. 1. An act of transmitting, routing or providing connections for works etc. without modifying their contents, or automatic, intermediate or temporary storage of such works etc. in the course thereof within a reasonably necessary period for such transmission:
    1. a. Where an online service provider has not initiate the transmission of works, etc.;
    2. b. Where an online service provider has not selected works, etc. or the recipients thereof;
    3. c. Where an online service provider has adopted and reasonably implemented a policy that provides for termination of the accounts (referring to the accounts with the right to use relevant services, used by an online service provider to identify and manage users; hereafter the same shall apply in this Article and Articles 103-2, 133-2 and 133-3) of persons who repeatedly infringe on copyright or other rights protected pursuant to this Act;
    4. d. Where the online service provider has accommodated and has not interfered with standard technical measures used by the holder of right that are designed to identify and protect works, etc. and meet the conditions under Presidential Decree;
  2. 2. An act of storing works, etc. transmitted at the request of service users in an automatic, mediating or temporary manner so that subsequent users can efficiently access or receive such works, etc.:
    1. a. Where the requirements under the items of subparagraph 1 are all met;
    2. b. Where an online service provider has not modified such works, etc.;
    3. c. If any condition exists to access such works, etc. provided, where the access to temporarily stored works, etc. is permitted to users who have complied with such condition;
    4. d. Where an online service provider has complied with the rules on updating works, etc. that are determined by a person who reproduces or interactively transmits works, etc. (hereinafter referred to as "interactive transmitter or reproducer") under data communications protocol for computers or information and communications networks generally recognized in the industry: Provided, That this shall not apply where an interactive transmitter or reproducer has determined rules on updating for the purposes of unreasonably restricting such storage;
    5. e. Where an online service provider has not interfered with the use of technologies generally recognized within such industry, which are applied to obtain information on the use of works, etc. at the originating site of the works, etc.;
    6. f. Where an online service provider immediately removed or disabled access to the works etc., when an online service provider is required to suspend reproduction or interactive transmission under Article 103 (1), where such works, etc. are removed or made inaccessible at the original website, or where he/she actually becomes aware of the fact that the court or the head of a central administrative agency has issued an order to delete such works, etc. or make them inaccessible;
  3. 3. An act of storing works, etc. in the computer of an online service provider at the request of a reproducer or interactive transmitter:
    1. a. Where the requirements under the items of subparagraph 1 are all met;
    2. b. When an online service provider has the right and ability to control the infringing activity, where he/she has not obtained any financial benefit directly attributable to the infringing activity;
    3. c. When an online service provider actually becomes aware of infringement or obtains actual knowledge of the fact or circumstance that infringement is evident through the request, etc. to suspend reproduction or interactive transmission under Article 103 (1), where he/she has immediately suspended the reproduction or interactive transmission of such works, etc.;
    4. d. Where an online service provider has designated and announced a person to receive demand to suspend reproduction or interactive transmission pursuant to Article 103 (4);
  4. 4. An act of allowing users to know the location of works, etc. on information and communications networks or connecting them thereto through information search tools:
    1. a. Where the requirements under subparagraph 1 (a) are met;
    2. b. Where the requirements under subparagraph 3 (b) through (d) are met.
  1. (2) Notwithstanding the provisions of paragraph (1), where it is technologically impossible for an online service provider to take measures under paragraph (1), he/she shall not be responsible for the infringement of copyright or other rights protected pursuant to this Act due to the reproduction or interactive transmission of works, etc. by other persons.
    <Amended by Act No. 10807, Jun. 30, 2011>
  2. (3) In relation to the limitation on liability under paragraph (1), an online service provider shall not be obligated to monitor any infringement within his/her services or actively investigating such infringement.
    <Newly Inserted by Act No. 10807, Jun. 30, 2011>

Article 103 (Suspension of Reproduction or Interactive Transmission)

  1. (1) Any person who claims that his/her copyright and other rights protected under this Act are infringed (hereafter referred to in this Article as "claimant to a right") due to the reproduction or interactive transmission of works, etc. through the use of services by an online service provider (excluding cases under Article 102 (1) 1; hereafter the same shall apply in this Article), may demand the online service provider, by vindicating the said facts, to suspend the reproduction or interactive transmission of the works, etc.
    <Amended by Act No. 10807, Jun. 30, 2011>
  2. (2) Where an online service provider is requested to suspend the reproduction or interactive transmission under paragraph (1), he/she shall immediately suspend the reproduction or interactive transmission of such works, etc. and notify a claimant to the right of such fact: Provided, That an online service provider referred to in Article 102 (1) 3 or 4 shall also notify the reproducer or interactive transmitter of such works, etc.
    <Amended by Act No. 10807, Jun. 30, 2011>
  3. (3) Where the reproducer or interactive transmitter, upon receipt of notification under paragraph (2), vindicates that his/her reproduction or interactive transmission is made with legitimate authority, and demands a resumption of such reproduction or interactive transmission, the online service provider shall promptly notify the claimant to the right of the fact of demanding a resumption and the scheduled date of resumption, and shall have the reproduction or interactive transmission resumed on the said scheduled date: Provided, That this shall not apply where the claimant to a right notifies an online service provider before the scheduled date of resumption, of the fact that he/she has filed a lawsuit against the act of infringement of reproducer or interactive transmitter.
    <Amended by Act No. 11110, Dec. 2, 2011>
  4. (4) The online service provider shall make an announcement, by designating the person who is demanded to suspend or to resume the reproduction or interactive transmission under paragraphs (1) and (3) (hereafter referred to in this Article as “recipient”), so as to have the users of facilities or services of the provider know with ease.
  5. (5) Where the online service provider has made an announcement pursuant to paragraph (4), and has suspended or resumed the reproduction or interactive transmission of relevant works, etc. under paragraphs (2) and (3), the liability of the online service provider for the infringement on third parties’ copyright and other rights protected under this Act, and the liability of the online service provider for the losses incurred to the reproducer or interactive transmitter, shall be exempted: Provided, That this shall not apply to the liability arisen from the time when the online service provider has known the facts that the copyright and other rights protected under this Act were infringed due to the reproduction or interactive transmission of works, etc. by third parties to the time of demanding the suspension under paragraph (1).
    <Amended by Act No. 10807, Jun. 30, 2011; Act No. 11110, Dec. 2, 2011>
  6. (6) Any person who demands, without legitimate authority, the suspension or resumption of the reproduction or interactive transmission of relevant works, etc. under paragraphs (1) and (3), shall make a compensation for any losses incurred thereby.
  7. (7) Matters necessary for the vindication, suspension, notification, resumption of reproduction or interactive transmission, designation of a recipient, and public notice, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree. In such cases, the Minister of Culture, Sports and Tourism shall make a prior consultation with the heads of related central administrative agencies.
    <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10807, Jun. 30, 2011>

Article 103-2 (Scope of Court Orders Issued to Online Service Providers)

  1. (1) Where the court orders necessary measures pursuant to Article 123 (3) to an online service provider who meets the requirements under Article 102 (1) 1, it may order the following measures only:
  1. 1. Termination of certain accounts;
  2. 2. Reasonable measures to prevent the access to specific foreign websites.
  1. (2) Where the court orders necessary measures pursuant to Article 123 (3) to an online service provider who meets the requirements under Article 102 (1) 2 through 4, it may order the following measures only:
  1. 1. Deletion of illegal copies;
  2. 2. Measures to prevent the access to illegal copies;
  3. 3. Termination of specific accounts;
  4. 4. Other measures deemed by the court as necessary to the extent a minimum burden is imposed on an online service provider.

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

Article 103-3 (Request for Information on Reproducers and Interactive Transmitters)

  1. (1) Where the claimant to a right has requested an online service provider to provide information owned by such online service provider, such as the names and addresses of the relevant reproducer and interactive transmitter to the minimum extent necessary to file a civil lawsuit or bring criminal charges, but the online service provider has refused such request, the claimant to the right may request the Minister of Culture, Sports and Tourism to issue an order to the online service provider to provide such information.
  2. (2) In receipt of a request under paragraph (1), the Minister of Culture, Sports and Tourism may order the online service provider to submit information on the relevant reproducer and interactive transmitter, after undergoing deliberation by the Copyright Protection Deliberation Committee referred to in Article 122-6. <Amended by Act No. 14083, Mar. 22, 2016>
  3. (3) The online service provider shall submit relevant information to the Minister of Culture, Sports and Tourism within seven days from receipt of an order under paragraph (2), and the Minister of Culture, Sports and Tourism shall provide such information to a person who has made a request under paragraph (1), without delay.
  4. (4) No person provided with information on the relevant reproducer or interactive transmitter pursuant to paragraph (3) shall use such information for the purposes other than those requested under paragraph (1).
  5. (5) Other matters necessary for the provision of information on reproducers or interactive transmitters shall be prescribed by Presidential Decree.

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

Article 104 (Obligation, etc. of Online Service Providers of Special Type)

  1. (1) The online service provider who aims principally at enabling interactive transmission of works, etc. by using computers between other persons (hereinafter referred to as “online service provider of special type”) shall take necessary measures, such as technological measures, etc. that block illegal forwarding of the relevant work, etc. upon request from the holder of rights. In such cases, matters regarding the request of holder of rights and necessary measures shall be prescribed by Presidential Decree.
    <Amended by Act No. 9625, Apr. 22, 2009>
  2. (2) The Minister of Culture, Sports and Tourism may lay down and announce the extent of online service provider of special type under paragraph (1).
    <Amended by Act No. 8852, Feb. 29, 2008>

CHAPTER 6-2.PROHIBITION OF CIRCUMVENTING TECHNOLOGICAL PROTECTION MEASURES, ETC

Article 104-2 (Prohibition of Circumventing Technological Protection Measures)

  1. (1) No person shall circumvent the technological protection measures under subparagraph 28 (a) of Article 2 by intention or negligence without legitimate authority by removing, altering or bypassing such measures: Provided, That this shall not apply in any of the following:
  1. 1. Where a person engaged in research of encryption circumvents technological protection measures to the extent necessary to research flaws or vulnerability of encryption technologies applied to such works, etc. after legitimately obtaining the copy of the works, etc.: Provided, That the foregoing shall be limited to cases where he/she has made a considerable effort to obtain a permission for the use necessary for such research from the holder of rights, but failed to do so;
  2. 2. Where he/she includes components or parts circumventing technological protection measures in technology, products, services or devices in order to prevent minors from accessing online works, etc. harmful to minors: Provided, That the foregoing shall be limited to cases where no ban is imposed pursuant to paragraph (2);
  3. 3. Where it is necessary to identify functions of non-disclosure collecting and distributing personally identifiable information capable of verifying individuals' online activities and circumventing them: Provided, That the foregoing shall not apply where it affects other persons' access to works, etc.;
  4. 4. Where it is necessary for law enforcement, legitimate information collection, guarantee of security, etc. by the State;
  5. 5. Where it is necessary for educational institutions and education supporting institutions under Article 25 (2), libraries under Article 31 (1) (limited to non-profit libraries) or archive management institutions under the Public Records Management Act to determine whether to purchase works, etc.: Provided, That the foregoing shall be limited to cases where any access thereto is impossible without circumventing technological protection measures;
  6. 6. Where a person who uses programs with legitimate authority engages in decompilating program codes to the extent necessary to secure compatibility with other programs;
  7. 7. Where it is necessary for a person who has legitimate authority to inspect, investigate, or correct the security of computers or information and communications networks;
  8. 8. Cases determined and notified by the Minister of Culture, Sports and Tourism according to the procedures prescribed by Presidential Decree as it is deemed that the legitimate use of works, etc. of specific types is unreasonably affected or likely to be affected by the prohibition of circumventing technological protection measures. In such cases, the effect of such exception shall be valid for three years.
  1. (2) No person may manufacture, import, distribute, interactively transmit, sell or rent, offer to the general public for subscription, advertise to sell or rent, store or possess to distribute the following devices, products or parts, or provide the relevant services, without legitimate authority:
  1. 1. Those publicized, advertised or promoted for the purpose of circumventing technological protection measures;
  2. 2. Those having limited business purposes or uses other than circumventing technological protection measures;
  3. 3. Those designed, produced or remodeled, or performed for the main purpose of making circumventing technological protection measures possible or easy.
  1. (3) Notwithstanding the provisions of paragraph (2), the aforementioned shall not apply in either of the following cases:
  1. 1. Cases falling under paragraph (1) 1, 2, 4, 6 and 7 in relation to technological protection measures under subparagraph 28 (a) of Article 2;
  2. 2. Cases falling under paragraph (1) 4 and 6 in relation to technological protection measures under subparagraph 28 (b) of Article 2.

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

Article 104-3 (Prohibition of Removal, Alteration, etc. of Rights Management Information)

  1. (1) No person shall do any of the following acts without legitimate authority either knowingly or without knowing by negligence that such acts may cause or conceal the infringement of copyright or other rights protected pursuant to this Act:
    <Amended by Act No. 11110, Dec. 2, 2011>
  1. 1. Act of deliberately removing, altering or falsely adding rights management information;
  2. 2. Act of distributing rights management information or importing such information for the purpose of distribution, upon knowing that such information has been removed or altered without legitimate authority;
  3. 3. Act of distributing, publicly performing or publicly transmitting the original or copies of relevant works, etc. or the reproduction thereof or of importing them for the purpose of distribution, upon knowing that rights management information has been removed, altered or falsely added without legitimate authority.
  1. (2) Paragraph (1) shall not apply where it is necessary for national law enforcement, legitimate information collection, guarantee of security, etc.

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

Article 104-4 (Prohibition of Circumvention, etc. of Encrypted Broadcasting Signals)

No person shall conduct any of the following acts:

  1. 1. Act of manufacturing, assembling, altering, importing, exporting, selling, or renting, or delivering with other means, devices, products, major components, programs, or other tangible or intangible measures for the purposes of decoding (encoding) encrypted broadcasting signals without consent of a broadcasting organization, either knowingly or without knowing by negligence that such measures will be mainly used for such purposes: Provided, That this shall not apply to cases falling under Article 104-2 (1) 1, 2 or 4;
  2. 2. Where encrypted broadcasting signals have been decoded with legitimate authority, act of publicly transmitting such signals upon knowing such fact to other persons for profit without consent of a broadcasting organization;
  3. 3. Act of listening to or viewing or publicly transmitting to other persons by receiving encrypted broadcasting signals, upon knowing that such signals have been decoded without consent of a broadcasting organization.

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

Article 104-5 (Prohibition of Forging, etc. of Labels)

No person shall conduct any of the following acts without legitimate authority:

  1. 1. Act of forging labels of works, etc. to be attached, enclosed or added to illegal copies or their documents or packaging, or act of distributing forged labels or owning them for the purpose of distribution upon knowing such fact;
  2. 2. Act of distributing labels produced upon obtaining a permit from the holder of right of works, etc. or a person who has received consent from the holder of right, beyond the permitted range, or act of redistributing forged labels or owning them for the purpose of redistribution upon knowing such fact;
  3. 3. Act of forging documents or packaging distributed together with legitimate copies of works, etc. to use them for illegal copies, or act of distributing forged documents or packaging or owning them for the purpose of distribution upon knowing such fact.

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

Article 104-6 (Prohibition of Recording, etc. of Cinematographic Works)

No person shall record cinematographic works protected by copyright at a movie theater, etc. screening such works with a recording device without consent of the holder of author's economic right, or publicly transmit such works.

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

Article 104-7 (Prohibition of Transmitting Signals Prior to Broadcasting)

No person shall transmit signals to be transmitted to a broadcasting organization (excluding cases in which the signals are transmitted for the purposes of allowing the public to directly receive them) to any third person without legitimate authority.

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

Article 104-8 (Claim, etc. of Suspension or Prevention of Infringement)

A person who holds copyrights or other rights protected pursuant to this Act may request suspension or prevention of infringement, security for damages, damages or statutory damages in lieu thereof against a person who has violated Articles 104-2 through 104-4, and may request suspension and prevention of infringement against a person who has done an act under Article 104-2 (1) without intention or negligence. In such cases, Articles 123, 125, 125-2, 126 and 129 shall apply mutatis mutandis.
<Amended by Act No. 11110, Dec. 2, 2011>

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