Article 91 (Database Under Protection)

1. (1) The database of persons falling under any of the following subparagraphs shall be protected under this Act:

1. (2) Even for a foreign national database protected under paragraph (1), if the foreigner’s country does not protect the database of nationals of the Republic of Korea, the protection under the treaties and this Act may be limited proportionately therewith.

Article 92 (Exception from Application)

The provisions of this Chapter shall not be applicable to the database falling under either of the following subparagraphs:

Article 93 (Rights of Database Producers)

1. (1) Database producers shall hold the rights to reproduce, distribute, broadcast, or interactively transmit (hereafter referred to as the “reproduction, etc.” in this Article) the whole or considerable parts of relevant database.
2. (2) Individual materials of the database shall not be considered as the considerable parts of relevant database under the provisions of paragraph (1): Provided, That even for the reproductions, etc. of individual materials of database or of the portions falling short of their considerable parts, if the said reproductions conflict with the normal exploitation of relevant database, or infringe unduly on the interests of database producers, by making them repeatedly or systematically for specific purposes, they shall be considered as the reproductions, etc. of the considerable parts of relevant database.
3. (3) Protections under this Chapter shall not affect the copyright of materials forming constituent parts of the database, and other rights protected under this Act.
4. (4) Protections under this Chapter shall not extend to the materials themselves forming constituent parts of the database.

Article 94 (Limitations on Rights of Database Producers)

1. (1) Articles 23, 28 through 34, 35-2, 35-3, 36 and 37 shall apply mutatis mutandis to the use of database which is the object of the rights of database producers. <Amended by Act No. 11110, Dec. 2, 2011>
2. (2) In either of the following cases, a person may reproduce, distribute, broadcast or interactively transmit the whole or considerable parts of database: Provided, That the same shall not apply where it is in conflict with the normal exploitation of relevant database:

Article 95 (Period of Protection)

1. (1) The rights of database producers shall commence from the time of completing a production of database, and shall continue to exist for five years counting from the next year of the completion.
2. (2) Where a considerable investment in human or material resources has been made for the renewal, etc. of database, the rights of database producers for the relevant parts shall commence from the time of making relevant renewal, etc., and shall remain effective for five years counting from the next year of the renewal.

Article 96 (Transfer, Exercise, etc. of Rights of Database Producers)

The proviso to Article 20 shall apply mutatis mutandis to the offer of database for transaction, Article 45 (1) to the transfer of rights of database producers, Article 46 to the authorization of the use of database, Article 47 to the exercise of the right of pledge established on the rights of database producers, Article 48 to the exercise of rights by the database producers of joint databases, Article 49 to the termination of rights of database producers, and Articles 57 through 62 to the establishment, etc. of the exclusive publication right of database, respectively.

<This Article Wholly Amended by Act No. 11110, Dec. 2, 2011>

Article 97 (Statutory License for Use of Database)

The provisions of Articles 50 and 51 shall apply mutatis mutandis to the use of database.

Article 98 (Registration of Rights of Database Producers)

@Articles 53 through 55 and 55-2 shall apply mutatis mutandis to the registration of rights of database producers and the exclusive publication right of database producer’s right. In such cases, the term "copyright register" in Article 55 shall be construed as "database producer's right register".
<Amended by Act No. 9625, Apr. 22, 2009; Act No. 11110, Dec. 2, 2011>