Copyright law

ADDENDA <Act No. 8852, Feb. 29, 2008>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Article 2

through 7 Omitted.

ADDENDA <Act No. 9529, Mar. 25, 2009>

This Act shall enter into force six months after the date of its promulgation.

ADDENDA <Act No. 9625, Apr. 22, 2009>

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation.

Article 2 (Repeal of Computer Programs Protection Act)

The Computer Programs Protection Act shall be repealed.

Article 3 (Preparation of Establishment of Commission)

  1. (1) An action of preparation made to establish the Commission pursuant to this Act may be made before this Act enters into force.
  2. (2) The Minister of Culture, Sports and Tourism shall organize the founding committee to take charge of affairs relating to the establishment of the Commission.
  3. (3) The founding committee shall be comprised of not more than five members appointed by the Minister of Culture, Sports and Tourism, and the chairperson of the Copyright Commission pursuant to Article 112 of the previous Copyright Act shall be the chairperson of the founding committee.
  4. (4) The founding committee shall prepare the articles of association to obtain authorization of the Minister of Culture, Sports and Tourism before this Act enters into force.
  5. (5) When the founding committee has obtained authorization pursuant to paragraph (4), it shall make registration for the establishment of the Commission.
  6. (6) Expenses incurred in the establishment of the Commission shall be borne by the State.
  7. (7) After the founding committee has registered the establishment of the Commission pursuant to paragraph (5), it shall transfer affairs to the chairperson of the Commission without delay, and the founding committee members shall be deemed to have been dismissed when transfer of affairs has been completed.

Article 4 (Transitional Measures concerning Affairs, Rights and Duties, Employment of Copyright Commission and Computer Programs Protection Committee)

  1. (1) The Korea Copyright Commission shall take over affairs, rights and duties and employment of staff of the Copyright Commission and the Computer Programs Protection Committee pursuant to Articles 112 through 122 of the previous Copyright Act and Articles 35 through 43 of the previous Computer Programs Protection Act at the time this Act enters into force.
  2. (2) The chairperson and members of the Copyright Commission pursuant to Article 112 of the previous Copyright Act at the time this Act enters into force shall be deemed the chairperson and members of the Korea Copyright Commission, and the term of office shall be reckoned from the time when a term of office of the chairperson and members of the previous Copyright Commission began.

Article 5 (Transitional Measures concerning Scope of Application)

  1. (1) With respect to works, etc. the whole or part of the right of which, protected by the previous Copyright Act and the previous Computer Programs Protection Act, has terminated or has not been protected before this Act enters into force, this Act shall not apply to the part thereof.
  2. (2) Use of programs made before this Act enters into force shall be in accordance with the previous Computer Programs Protection Act.

Article 6 (Transitional Measures concerning Statutory License)

Acts referred to in the following subparagraphs done under the previous Computer Programs Protection Act before this Act enters into force shall be deemed to have been done pursuant to this Act:

Article 7 (Transitional Measures concerning Application of Penalty Provisions)

In application of the penal provisions pursuant to the previous Computer Programs Protection Act to acts done before this Act enters into force, it shall be in accordance with the previous Computer Programs Protection Act.

Article 8 (Relation with Other Statutes)

Where the previous Computer Programs Protection Act or the provisions thereof are cited by other statutes as at the time when this Act enters into force, this Act or the corresponding provisions of this Act shall be deemed to have been cited.

ADDENDA <Act No. 9785, Jul. 31, 2009>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Article 2

through 9 Omitted.

ADDENDA <Act No. 10807, Jun. 30, 2011>

Article 1 (Enforcement Date)

This Act shall enter into force on the date on which the Free Trade Agreement between the Republic of Korea, of the one part, and the European Union and its Member States, of the other part, takes effect: Provided, That the amended provisions of Articles 39 through 42 shall enter into force two years from the date on which the Free Trade Agreement between the Republic of Korea, of the one part, and the European Union and its Member States, of the other part, takes effect.

Articles 2 (Transitional Measures concerning Scope of Application)

With regard to works, etc. for which all or some of copyright or other rights protected pursuant to this Act have been extinct or not protected pursuant to the former provisions before this Act enters into force, this Act shall not apply.

Articles 3 (Transitional Measures concerning Restriction on Responsibilities of Online Service Providers)

Restriction on responsibilities of online service providers for the infringement of copyright or other rights protected pursuant to this Act before this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Articles 102 and 103.

Articles 4 (Transitional Measures concerning Application of Penalty Provisions)

Application of penal provisions to acts done before this Act enters into force shall be governed by the former provisions.

ADDENDA <Act No. 11110, Dec. 2, 2011>

Article 1 (Enforcement Date)

This Act shall enter into force on the date on which the Free Trade Agreement between the Republic of Korea and the United States of America and Exchange of Letters on the Free Trade Agreement between the Republic of Korea and the United States of America takes effect: Provided, That the amended provisions of Articles 64 (2) and 86 shall enter into force on August 1, 2013.

Article 2 (Applicability)

The amended provisions of Articles 103-3, 125-2 and 129-2 through 129-5 shall apply, starting with the first infringement of rights or violation of obligations after this Act enters into force.

Article 3 (Transitional Measures concerning Scope of Application)

With regard to works whose copyright or other rights protected pursuant to this Act have ceased to exist or have not been protected in full or in part under the former provisions before this Act enters into force, this Act shall not apply to the relevant parts.

Article 4 (Special Rules concerning Protection Period of Neighboring Rights)

  1. (1) Notwithstanding the provisions of Article 3, the neighboring rights that come into being between July 1, 1987, and June 30, 1994, pursuant to the amended provisions of Article 2 (3) of the Addenda of the Copyright Act amended by Act No. 8101 shall remain for 50 years counting from the year following the time when such rights come into being pursuant to the amended provisions of Article 70 of the Copyright Act amended by Act No. 4717, which entered into force on July 1, 1994 (hereafter referred to as "the same Act" in this Article).
  2. (2) Among the neighboring rights that come into being between July 1, 1987, and June 30, 1994, pursuant to paragraph (3) of the Addenda of the same Act, those that have become extinct because the 20-year protection period under the former Act (referring to the Copyright Act before the Copyright Act amended by Act No. 4717 enters into force; hereafter the same shall apply in this Article) has lapsed before this Act enters into force shall be reinstated from the enforcement date of this Act and reverted to the holder of neighboring rights. In such cases, such neighboring rights shall remain for the remaining period of the protection period that would have been acknowledged if they had been protected for 50 years counting from the year following the time they came into being for the first time.
  3. (3) Act of using performances, phonograms or broadcasts for which neighboring rights have been reinstated pursuant to paragraph (2) before this Act enters into force shall not be deemed infringement of rights prescribed by this Act.
  4. (4) Reproductions manufactured before this Act enters into force by using relevant performance, phonograms or broadcasts after neighboring rights under paragraph (2) become extinct pursuant to the former Act may be continuously distributed without the permit from the holder of neighboring rights for two years after this Act enters into force.

Article 5 (Transitional Measures concerning Restriction, etc. on Responsibilities of Online Service Providers))

Notwithstanding the amended provisions of Articles 102 and 103-2, the restriction on responsibilities of online service providers in regard to the infringement of copyright or other rights protected pursuant to this Act before this Act enters into force shall be governed by the former provisions.

Article 6 (Transitional Measures concerning Exclusive Publication Right of Program)

Exclusive publication right of programs established and registered before this Act enters into force shall be governed by the former provisions.

Article 7 (Transitional Measures concerning Application of Penalty Provisions)

Application of penal provisions to acts taken before this Act enters into force shall be governed by the former provisions.

ADDENDA <Act No. 11903, Jul. 16, 2013>

This Act shall enter into force three months after the date of its promulgation.

ADDENDA <Act No. 12137, Dec. 30, 2013>

This Act shall enter into force six months after the date of its promulgation.

ADDENDA <Act No. 11903, Jul. 16, 2013>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.

ADDENDA <Act No. 14083, Mar. 22, 2016>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Article 2 (Preparation for Establishment of Protection Agency)

  1. (1) Preparatory activities to incorporate the Protection Agency may be performed before this Act enters into force.
  2. (2) In order to deal with the affairs related to the incorporation of the Protection Agency, the Minister of Culture, Sports and Tourism shall organize a steering group for incorporation of the Protection Agency (hereinafter referred to as the "steering group for incorporation")
  3. (3) The steering group for incorporation shall be comprised of and operated by not more than five incorporators commissioned by the Minister of Culture, Sports and Tourism.
  4. (4) The steering group for incorporation shall prepare the articles of incorporation of the Protection Agency, obtain approval thereof from the Minister of Culture, Sports and Tourism, register incorporation of the Protection Agency under a joint name of incorporators, and then, transfer their duties to the chairperson of the Protection Agency.
  5. (5) When the transfer of duties under paragraph (4) is completed, the steering group for incorporation shall be deemed dissolved and incorporators dismissed.

Article 3 (Transitional Measures concerning Affairs under Jurisdiction of Korea Copyright Commission, and Its Rights and Obligations, Employment Relationship, etc.)

  1. (1) Affairs under the jurisdiction of the Korea Copyright Commission under subparagraph 10 of the former Article 113, and its rights and obligations and employment relationship existing as at the time this Act enters into force shall be succeeded by the Protection Agency.
  2. (2) Any activities performed by or toward the Korea Copyright Commission pursuant to subparagraph 10 of the former Article 113 before the establishment of the Protection Agency shall be deemed performed by or toward the Protection Agency.

ADDENDA <Act No. 14432, Dec. 20, 2016>

This Act shall enter into force on the date of its promulgation.

ADDENDA <Act No. 14634, Mar. 21, 2017>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Article 2 (Transitional Measures concerning Ineligibility of the Incompetent, etc.)

Notwithstanding the amended provisions of Article 105 (3) 1, the former provisions shall apply to the persons who has already been declared incompetent or quasi-incompetent at the time this Act enters into force, and of whom the effect of the declaration of the incompetency or quasi-incompetency remains valid pursuant to Article 2 of the Addenda to the Civil Act partially amended by Act 10429.