Article 16 (Right of Reproduction)

The author shall have the right to reproduce his/her work.

Article 17 (Right of Public Performance)

The author shall have the right to perform his/her work publicly.

Article 18 (Right of Public Transmission)

The author shall have the right to transmit his/her work in public.

Article 19 (Right of Exhibition)

The author shall have the right to exhibit the original or copy of his/her work of art, etc.

Article 20 (Right of Distribution)

The author shall have the right to distribute the original or copy of his/her work: Provided, That if the original or reproduction of the work has been offered to a deal by means of sale, etc. with permission of the relevant holder of author’s property right, the same shall not apply.
<Amended by Act No. 9625, Apr. 22, 2009>

Article 21 (Right of Rental)

Notwithstanding the proviso to Article 20, the author shall have the right to authorize the commercial rental of phonograms made public (hereinafter referred to as commercial phonograms") or programs made public for pursuit of profit.
<mended by Act No. 9625, Apr. 22, 2009; Act No. 14083, Mar. 22, 2016>

Article 22 (Right of Production of Derivative Works)

The author shall have the right to produce and use a derivative work based on his/her original work.

Article 23 (Reproduction for Judicial Proceedings, etc.)

It shall be permissible to reproduce a work if and to the extent deemed necessary for the purpose of judicial proceedings and of internal use in the legislative or administrative bodies: Provided, That the same shall not apply where such reproduction unreasonably prejudice the interests of the holder of author’s economic rights in the light of the nature of a work as well as the number of copies and the nature of reproduction.

Article 24 (Use of Political Speech, etc.)

Political speeches delivered in public and statements made in public in the court, the National Assembly or local councils may be used in some way or other: Provided, That if the speeches and statements of the same author are used after compilation, the same shall not apply.

Article 24-2 (Free Use of Public Works)

1. (1) A work produced as part of official duties and already made public by the State or a local government, or a work of which the author's economic right is owned in its entirety by the State or a local government under a contract, may be used without permission: Provided, That the same shall not apply when the work falls under any of the following cases:
   
   1. Where it includes any information pertaining to national security;
   
   2. Where it corresponds to an individual's privacy or confidential business information;
   
   3. Where it includes any information of which disclosure is limited under other Acts;
   
   4. Where it is registered with the Korea Copyright Commission under Article 112, and is managed as State-owned property under the State Property Act or as public property under the Public Property and Commodity Management Act.
   
   
2. (2) The State may establish and enforce policies to invigorate use of public works, as prescribed by Presidential Decree, in order to promote the use of works which are produced and made public by a public institution or of which the author's economic right is owned in its entirety under a contract by a public institution pursuant to Article 4 of the Act on the Management of Public Institutions.
3. (3) When it is acknowledged as necessary for free use, the State or a local government may permit the use of public works among those prescribed in paragraph (1) 4, as prescribed by Presidential Decree, notwithstanding the State Property Act or the Public Property and Commodity Management Act.
   <This Article Newly Inserted by Act No. 12137, Dec. 30, 2013>

Article 25 (Use for the Purpose of School Education)

1. (1) A work already made public may be reproduced in textbooks to the extent deemed necessary for the purpose of education at high schools, their equivalents or lower level schools.
2. (2) Schools established by special Acts, the Early Childhood Education Act, the Elementary and Secondary Education Act, or the Higher Education Act, educational institutions which are operated by the State or local governments and education supporting institutions belonging to the State or local governments to support lessons of those educational institutions may reproduce, distribute, perform in public, display, or publicly transmit part of the works already made public where it is recognized as necessary for the lessons and for the purpose of support thereof: Provided, That it is inevitable to the whole work in view of the character of the work, the purpose, form, etc. of the work, they may use the work in whole.Schools established by special Acts, the Early Childhood Education Act, the Elementary and Secondary Education Act, or the Higher Education Act, educational institutions which are operated by the State or local governments and education supporting institutions belonging to the State or local governments to support lessons of those educational institutions may reproduce, distribute, perform in public, display, or publicly transmit part of the works already made public where it is recognized as necessary for the lessons and for the purpose of support thereof: Provided, That it is inevitable to the whole work in view of the character of the work, the purpose, form, etc. of the work, they may use the work in whole.
   <Amended by Act No. 9625, Apr. 22, 2009; Act No. 12137, Dec. 30, 2013>
3. (3) Those who receive education at an educational institution provided for in paragraph (2) may reproduce or interactively transmit the works made public within the extent of paragraph (2) where it is recognized as necessary for the purpose of education.
4. (4) Any person who intends to use a work pursuant to paragraphs (1) and (2) shall pay the relevant holder of author's economic right the remuneration according to the standards stipulated and announced by the Minister of Culture, Sports and Tourism: Provided, That the reproduction, distribution, public performance, broadcasting, or interactive transmission of a work under paragraph (2) is done at high schools, their equivalents or lower level schools, no remuneration thereof shall be paid.
   <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009>
5. (5) The right to receive remuneration under paragraph (4) shall be exercised through an organization meeting the following requirements, which has been designated by the Minister of Culture, Sports and Tourism. When the Minister of Culture, Sports and Tourism designates an organization, he/she shall obtain prior consent from the organization:
   <Amended by Act No. 8852, Feb. 29, 2008>

1. (6) When there is an application from the holder of a right to remuneration who is not a member of the organization, the organization under paragraph (5) shall not refuse to exercise the right for him/her. In such cases, the organization shall have the authority to perform an act in its own name in court or out of court regarding the right.
2. (7) Where an organization under paragraph (5) falls under any of the following cases, the Minister of Culture, Sports and Tourism may revoke the designation thereof:
   <Amended by Act No. 8852, Feb. 29, 2008>

1. (8) Any organization under paragraph (5) may use the remuneration that has been left undistributed for three years from the date of public announcement of remuneration distribution for the purpose of public interest with approval by the Minister of Culture, Sports and Tourism.
   <Amended by Act No. 8852, Feb. 29, 2008>
2. (9) Matters necessary for the designation and revocation of an organization, work regulations, public announcement of remuneration distribution, approval for use of undistributed remuneration for the purpose of public interest, etc. under paragraphs (5), (7), and (8) shall be prescribed by Presidential Decree.
3. (10) Where an educational institution performs interactive transmission pursuant to the provisions of paragraph (2), it shall take necessary measures prescribed by Presidential Decree, such as the measures to prevent reproduction, in order to prevent infringement of copyright or other rights protected pursuant to this Act.

Article 26 (Use for News Reporting)

In cases of reporting current events by means of broadcasts or newspapers, or by other means, it shall be permissible to reproduce, distribute, perform publicly, transmit publicly a work seen or heard in the relevant courses, to the extent justified by the reporting purpose.

Article 27 (Reproduction, etc. of News Articles or Editorials)

News articles or editorials inserted in the newspapers and online newspapers under Article 2 of the Act on the Promotion of Newspapers, etc. or the news agencies under Article 2 of the Act on the Promotion of News Communications may be reproduced, distributed or broadcasted by other media organizations: Provided, That if there is an indication prohibiting the use thereof, the same shall not apply.
<Amended by Act No. 9785, Jul. 31, 2009>

Article 28 (Quotation from Works Made Public)

Works already made public may be quoted for news report, criticism, education, research, etc., in compliance with the fair practices within the reasonable extent.

Article 29 (Public Performance and Broadcasting for Non-Profit Purposes)

1. (1) It shall be permissible to perform publicly (excluding cases where any commercial phonograms or cinematographic works made public for commercial purposes are played) or broadcast a cinematographic work already made public for non-profit purposes and without receiving any benefit in return from audience, spectators or third persons: Provided, That the same shall not apply to cases where performers are paid any normal remuneration. <Amended by Act No. 14083, Mar. 22, 2016>
2. (2) It shall be permissible to play and perform publicly any commercial phonograms or cinematographic works made public for commercial purposes for the general public if no benefit in return for the relevant public performance is received from audience or spectators: Provided, That the same shall not apply to the cases as prescribed by Presidential Decree. <Amended by Act No. 14083, Mar. 22, 2016>

Article 30 (Reproduction for Private Use)

It shall be permissible for a user to reproduce in private, without any commercial purposes, a work already made public, within the limit of personal, family or the equivalent use: Provided, That this shall not apply to the case of reproductions by a photocopier installed for the use by the general public.

Article 31 (Reproductions, etc. in Libraries, etc.)

1. (1) Libraries under the Libraries Act and the facilities prescribed by Presidential Decree (including the heads of relevant facilities; hereinafter referred to as "libraries, etc.") among facilities which provide books, documents, records and other materials (hereinafter referred to as "books, etc.") designed for public access, may reproduce the works by using books, etc. held by the relevant libraries, etc. (including the books, etc. reproduced by or transmitted to the relevant libraries, etc. under the provisions of paragraph (3), in cases of subparagraph 1) when it falls under any of the following subparagraphs: Provided, That they shall not reproduce the works in digital format in the cases of subparagraphs 1 and 3:

1. (2) The libraries, etc. may reproduce or interactively transmit the books, etc. held thereby so as to have the users peruse them within the relevant libraries, etc. by using computers. In such cases, the number of users allowed to peruse simultaneously shall not exceed the number of copies of the books, etc. held by said libraries, etc. or authorized to be used by the person holding copyright or other rights protected under this Act.
   <Amended by Act No. 9625, Apr. 22, 2009>
2. (3) The libraries, etc. may reproduce or interactively transmit the books, etc. held by them so as to have the users peruse them inside other libraries, etc. by using computers: Provided, That the same shall not apply where the whole or part of books, etc. are published for commercial purposes, and five years have not passed from the date of their publication.
   <Amended by Act No. 9625, Apr. 22, 2009>
3. (4) In making any reproductions of the books, etc. under paragraph (1) 2 and those of the books, etc. under paragraphs (2) and (3), if the said books, etc. are sold in digital format, the libraries, etc., shall be prohibited from reproducing them in digital format.
4. (5) Where the libraries, etc. reproduce the books, etc. in digital format under paragraph (1) 1, and where they reproduce or interactively transmit the books, etc. pursuant to paragraph (3) so as to make them available for perusal inside other libraries, etc., they shall pay the remuneration to the holder of author's economic right under the standards determined and published by the Minister of Culture, Sports and Tourism: Provided, That the same shall not apply to the case of books, etc. for which the holders of author's economic right are the State, local governments or schools under Article 2 of the Higher Education Act (excluding the whole or part of books, etc. which have been published for commercial purposes).
   <Amended by Act No. 8852, Feb. 29, 2008>
5. (6) The provisions of Article 25 (5) through (9) shall apply mutatis mutandis to the payment, etc. of remuneration under paragraph (5).
6. (7) Where the libraries, etc. reproduce or interactively transmit the books, etc. in digital format pursuant to paragraphs (1) through (3), they shall take necessary measures prescribed by Presidential Decree, such as those to prevent any reproduction, in order to prevent any infringements on copyright and other rights protected under this Act.
7. (8) Where the National Library of Korea collects online materials to preserve pursuant to Article 20-2 of the Libraries Act, it may reproduce the relevant materials.
   <Newly Inserted by Act No. 9529, Mar. 25, 2009>

Article 32 (Reproduction for Examination Questions)

It shall be permissible to reproduce or distribute a work already made public in questions of entrance examinations or other examinations of knowledge and skills, within the reasonable extent deemed necessary for that purpose: Provided, That where it is for profit-making purposes, the same shall not apply.
<Amended by Act No. 9625, Apr. 22, 2009>

Article 33 (Reproduction, etc. for the Visually Impaired, etc.)

1. (1) It shall be permissible to reproduce the works already made public in braille, and distribute them for the visually impaired, etc.
2. (2) It shall be permissible for the facilities prescribed by Presidential Decree (including the heads of relevant facilities) from among those for the promotion of welfare of the visually impaired, etc. to make a sound recording of the literary works already made public, for the purpose of offering it for the use by the visually impaired, etc., but not for the profit-making purpose, or to reproduce, distribute or interactively transmit them by an exclusive recording method for the visually impaired, etc. prescribed by Presidential Decree.
   <Amended by Act No. 9529, Mar. 25, 2009>
3. (3) The scope of the visually impaired, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree.

Article 33-2 (Reproduction, etc. for the Hearing Impaired, etc.)

1. (1) It shall be permissible for anyone to convert the works already made public into Korean sign language, and reproduce, distribute, perform in public, or publicly transmit such Korean sign language for the hearing impaired, etc. <Amended by Act No. 13978, Feb. 3, 2016>
2. (2) It shall be permissible for facilities prescribed by Presidential Decree (including the heads of relevant facilities) from among those for the promotion of welfare of the hearing impaired, etc. to convert the voice, sound, etc. contained in the works, etc. which have already been made public to any format that the hearing impaired can recognize, such as captions, for the purpose of offering it for the use by the hearing impaired, etc. but not for the profit-making purpose; or to reproduce, distribute, perform in public, or publicly transmit them for the hearing impaired, etc.
3. (3) The scope of the hearing impaired, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
   <This Article Newly Inserted by Act No. 11903, Jul. 16, 2013>

Article 34 (Ephemeral Sound or Visual Recordings by Broadcasting Organization)

1. (1) Broadcasting organizations who have the authority to broadcast works may make ephemeral sound or visual recordings of a work for the purpose of their own broadcasting and by means of their own facilities.
2. (2) Sound or visual recordings made under paragraph (1) may not be kept for a period exceeding one year from the date of sound or visual recording: Provided, That if they are kept as materials for public records at places prescribed by Presidential Decree, the same shall not apply.

Article 35 (Exhibition or Reproduction of Works of Art, etc.)

1. (1) The holder of the original of a work of art, etc., or a person who has obtained the holder’s consent, may exhibit the work in its original form: Provided, That where the work of art is to be permanently exhibited on the street, in the park, on the exterior of a building, or other places open to the public, the same shall not apply.
2. (2) Works of art, etc. exhibited at all times at an open place as referred to in the proviso to paragraph (1) may be reproduced and used by any means: Provided, That in any of the following cases, the same shall not apply:

1. (3) A person who exhibits works of art, etc. pursuant to paragraph (1), or who intends to sell originals of works of art, etc., may reproduce and distribute them in a pamphlet for the purpose of explaining or introducing them.
2. (4) No portrait nor a similar photographic work produced by commission shall be used without the consent of the commissioner.

Article 35-2 (Temporary Reproduction in Course of Using Works, etc.)

Where a person uses works, etc. on a computer, he/she may temporarily reproduce such works, etc. in that computer to the extent deemed necessary for the purpose of smooth and efficient information processing: Provided, That this shall not apply where the use of such works, etc. infringes on copyright.

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

Article 35-3 (Fair Use of Works, etc.)

1. (1) Except as provided in Articles 23 through 35-2 and 101-3 through 101-5, where a person does not unreasonably prejudice an author's legitimate interest without conflicting with the normal exploitation of works, he/she may use such works. <Amended by Act No. 14083, Mar. 22, 2016>
2. (2) In determining whether an act of using works, etc. falls under paragraph (1), the following shall be considered: <Amended by Act No. 14083, Mar. 22, 2016>

Article 36 (Use by Means of Translation, etc.)

1. (1) If a work is used under Article 24-2, 25, 29, 30 or 35-3, the work may be used by means of translation, arrangement, or adaptation.
   <Amended by Act No. 11110, Dec. 2, 2011; Act No. 12137, Dec. 30, 2013>
2. (2) If a work is used under Article 23, 24, 26, 27, 28, 32, 33, or 33-2, the work may be used by means of translation.
   <Amended by Act No. 11110, Dec. 2, 2011; Act No. 11903, Jul. 16, 2013>

Article 37 (Indication of Sources)

1. (1) A person who uses a work under this subsection shall indicate its sources: Provided, That the same shall not apply to the cases of Articles 26, 29 through 32, 34 and 35-2.
   <Amended by Act No. 11110, Dec. 2, 2011>
2. (2) The sources shall be clearly indicated in the manner and to the extent deemed reasonable by the situation in which the work is used, and in cases of a work which bears the author’s real name or pseudonym, such real name or pseudonym shall be indicated.

Article 37-2 (Exclusion from Application)

@Articles 23, 25, 30 and 32 shall not apply to programs.

<This Article Newly Inserted by Act No. 9625, Apr. 22, 2009>

Article 38 (Relationship with Author’s Moral Rights)

No provisions of each Article of this Sub-section may be interpreted as affecting author’s moral rights.

Article 39 (Principles of Copyright Term)

1. (1) The author’s economic right to a work shall continue to subsist during the lifetime of an author and until the end of a period of 70 years after the death of the author, unless otherwise provided in this Sub-section.
   <Amended by Act No. 10807, Jun. 30, 2011>
2. (2) The author’s economic right to a joint work shall continue to subsist for a period of 70 years after the death of the last surviving co-author.
   <Amended by Act No. 10807, Jun. 30, 2011>

Article 40 (Copyright Term of Anonymous and Pseudonymous Works)

1. (1) The author’s economic right to a work that is anonymous or bears the pseudonym which is not widely known shall continue to subsist for a period of 70 years after it has been made public: Provided, That within such period, if there are reasonable grounds for recognizing that 70 years have lapsed after the death of the author, such economic right shall be deemed to be extinguished at the time when it deems that 70 years have lapsed after the death of the author.
   <Amended by Act No. 10807, Jun. 30, 2011>
2. (2) The provisions of paragraph (1) shall not apply to any of the following cases:

Article 41 (Copyright Term of Works Made for Hire)

The author’s economic right to a work made for hire shall continue to subsist for a period of 70 years after it has been made public: Provided, That if it has not been made public within 50 years after its creation, the author’s economic right shall continue to exist for a period of 70 years after its creation.
<Amended by Act No. 10807, Jun. 30, 2011>

Article 42 (Copyright Term of Cinematographic Works)

Notwithstanding the provisions of Articles 39 and 40, the author’s economic right to cinematographic works shall continue to subsist for 70 years from the time of being made public: Provided, That if they have not been made public within 50 years from the time of their creation, the said right shall continue to subsist for 70 years from the time of creation.
<Amended by Act No. 10807, Jun. 30, 2011>

Article 43 (Time when Serial Publications, etc. Have Been Made Public)

1. (1) In cases of works which are made public in the form of volumes, issues, or installments or in cases of works which are completed by making public in parts in a successive manner, the time when a work has been made public pursuant to Article 40 (1) or 41 shall be determined by making public of each volume, issue or installment or by making public of the last part.
   <Amended by Act No. 10807, Jun. 30, 2011>
2. (2) In cases of works to be completed by making public in parts in a successive manner, the last part already made public shall be considered to be the last one under paragraph (1) if the part supposed to follow next is not made public after three years following the preceding part made public.

Article 44 (Commencement of Copyright Term)

The protection period of author’s economic right prescribed under this subsection shall commence from the next year of the death of the author, or the creation of the work, or is the making public of the work.