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KOREA COPYRIGHT COMMISSION

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홈 프린트

Copyright law

CHAPTER 7.COPYRIGHT TRUST SERVICE

Article 105 (Permission, etc. for Copyright Trust Service)

  1. (1) Any person who intends to engage in a copyright trust service shall obtain permission from the Minister of Culture, Sports and Tourism as prescribed by Presidential Decree; and a person who intends to engage in a copyright agency or brokerage service shall report thereon to the Minister of Culture, Sports and Tourism as prescribed by Presidential Decree: Provided, That the Minister of Culture, Sports and Tourism may designate a public institution under the Act on the Management of Public Institutions as an organization that provides copyright trust service.
    <Amended by Act No. 8852, Feb. 29, 2008; Act No. 14083, Mar. 22, 2016>
  2. (2) Anyone who intends to operate the copyright trust service pursuant to the provisions of paragraph (1) shall satisfy the following requirements, prepare regulations defining the duties of copyright trust service as prescribed by Presidential Decree and submit them together with an application for permission for copyright trust service to the Minister of Culture, Sports and Tourism: Provided, That the requirements prescribed in subparagraph 1 shall not apply to a public institution referred to in the proviso to paragraph (1):
    <Amended by Act No. 8852, Feb. 29, 2008; Act No. 14083, Mar. 22, 2016>
  1. 1. That it shall be an organization comprised of the holders of right to works, etc.;
  2. 2. That it shall not aim at profit-making;
  3. 3. That it shall have sufficient capability to execute the duties, such as the collection, distribution, etc. of fees.
  1. (3) Any person falling under any of the following subparagraphs shall not be eligible to obtain a license to engage in a copyright trust service or copyright agency or brokerage service (hereinafter referred to as “copyright trust service”) under paragraph (1) or report it: <Amended by Act No. 14634, Mar. 21, 2017>
  1. 1. Any incompetent person under the adult guardianship or quasi-incompetent person under the limited guardianship;
  2. 2. Any person who has been declared bankrupt and has not yet been reinstated;
  3. 3. Any person who is within one-year period following the execution of criminal penalties of a fine or more severe punishment, or the final decision to suspend the execution of a sentence for violation of this Act, or who is in the probation period following a suspended sentence;
  4. 4. Any person who has no domicile in the Republic of Korea;
  5. 5. Any legal person or organization in which a person falling under any of subparagraphs 1 through 4 is the representative or executive officer.
  1. (4) Any person who has obtained permission or reported for copyright trust service under paragraph (1) (hereinafter referred to as “copyright trust service provider”) may collect fees for his/her services from the holder of author’s economic rights or other interested persons.
  2. (5) The rate and amount of fees under paragraph (4) and the rate and amount of usage fee that a copyright trust service provider receives from users shall be determined by the copyright trust service provider after he/she obtains approval from the Minister of Culture, Sports and Tourism. In such cases, the Minister of Culture, Sports and Tourism shall collect opinions of interested persons, as prescribed by Presidential Decree.
    <Amended by Act No. 8852, Feb. 29, 2008; Act No. 14083, Mar. 22, 2016>
  3. (6) As for approval under paragraph (5), the Minister of Culture, Sports and Tourism may approve after going through the deliberation of the Korea Copyright Commission pursuant to Article 112, and may ,if necessary, set the period of time for the approval or approve after correcting the content in the application.
    <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9625, Apr. 22, 2009>
  4. (7) Where there is an application for approval on the rate or amount of usage fee pursuant to the provisions of paragraph (5) or where the Minister of Culture, Sports and Tourism has granted approval, he/she shall announce the content thereof as prescribed by Presidential Decree.
    <Amended by Act No. 8852, Feb. 29, 2008>
  5. (8) Where it is necessary for the protection of rights of the holder of author’s economic right and other parties or for the contribution of convenience of use of works, etc., the Minister of Culture, Sports and Tourism may change the content of approval pursuant to the provisions of paragraph (5).
    <Amended by Act No. 8852, Feb. 29, 2008>

Article 106 (Obligation of Copyright Trust Service Provider)

  1. (1) The copyright trust service provider shall prepare a list of works, etc. that he/she manages on a quarter year basis in written or electronic form as prescribed by Presidential Decree so that all the people may peruse the list during business hours at the least.
  2. (2) Where a user requests in writing, the copyright trust service provider shall supply the information under his/her management necessary for concluding exploitation contract of works, etc., which is prescribed by Presidential Decree, within a considerable period of time in writing, unless there are justifiable causes to the contrary.
  3. (3) Where necessary for users' convenience, the Minister of Culture, Sports and Tourism may request a copyright trust service provider that receives usage fees under Article 105 (5) or an organization that collects remunerations from persons who do public performance using commercial phonogram under Articles 76-2 and 83-2 to make an integrated collection, as prescribed by Presidential Decree. In such cases, the copyright trust service provider or remuneration collection organization in receipt of such request shall comply therewith unless there is any good cause.
  4. (4) A copyright trust service provider or remuneration collection organization may entrust the affairs related to the integrated collection of usage fees and remunerations as prescribed in paragraph (3) to a person prescribed by Presidential Decree. <Newly Inserted by Act No. 14083, Mar. 22, 2016>
  5. (5) A copyright trust service provider or remuneration collection organization that entrusts affairs related to collection under paragraph (4), shall pay entrustment commission, as prescribed by Presidential Decree. <Newly Inserted by Act No. 14083, Mar. 22, 2016>
  6. (6) Necessary matters concerning the time frame for, and methods, etc. of, settlement of usage fees and remunerations collected under paragraph (3) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 14083, Mar. 22, 2016>

Article 107 (Request for Perusal of Documents)

The copyright trust service provider may request for perusal of documents needed for the calculation of usage fee for the relevant works from the person who uses the works, etc. under his/her management for commercial purposes. In such cases, the user shall comply therewith unless there is a justifiable reason to the contrary.

Article 108 (Supervision)

  1. (1) The Minister of Culture, Sports and Tourism may demand a copyright trust service provider to submit a necessary report on the duties of the copyright trust service.
    <Amended by Act No. 8852, Feb. 29, 2008>
  2. (2) In order to promote the protection of rights and interests of authors and the convenient use of works, the Minister of Culture, Sports and Tourism may issue necessary orders concerning copyright trust service.
    <Amended by Act No. 8852, Feb. 29, 2008>

Article 109 (Cancellation, etc. of Permission)

  1. (1) v
    <Amended by Act No. 8852, Feb. 29, 2008; Act No. 14083, Mar. 22, 2016>
  1. 1. Where he/she has received an amount in excess of the fee approved pursuant to the provisions of Article 105 (5);
  2. 2. Where he/she has received an additional usage fee in addition to the usage fee approved pursuant to the provisions of Article 105 (5);
  3. 3. Where he/she has failed to make a report under Article 108 (1) without any justifiable reason or made a false report;
  4. 4. Where he/she has received an order under Article 108 (2), and failed to fulfill the order without any justifiable reason;
  5. 5. Where he/she has received a request to make integrated collection under Article 106 (3), and failed to comply with the request without any justifiable reason.
  1. (2) The Minister of Culture, Sports and Tourism may cancel permission for, or order to close copyright trust service if a copyright trust service provider commits any of the following subparagraphs:
    <Amended by Act No. 8852, Feb. 29, 2008>
  1. 1. That the copyright trust service provider has obtained permission or made a report by fraudulent or unlawful means;
  2. 2. That the copyright trust service provider continues to engage in the business after receiving an order of suspension under paragraph (1).

Article 110 (Hearing)

If the Minister of Culture, Sports and Tourism intends to cancel the permission for, or order to close copyright trust service pursuant to the provisions of Article 109 (2), he/she shall hold a hearing.
<Amended by Act No. 8852, Feb. 29, 2008>

Article 111 (Imposition of Penalty Surcharge)

  1. (1) When a copyright trust service provider falls under any of the subparagraphs of Article 109 (1) and thus has to be given a disposition of business suspension, the Minister of Culture, Sports and Tourism may impose and collect a penalty surcharge not exceeding 1/100 of the usage fees and remunerations collected in the immediately preceding year, in lieu of the disposition of business suspension, as prescribed by Presidential Decree: Provided, That where it is impractical to calculate the amount to be collected, the Minister may impose and collect a penalty surcharge in an amount not exceeding one billion won.
    <Amended by Act No. 8852, Feb. 29, 2008; Act No. 14083, Mar. 22, 2016>
  2. (2) When the person who has been given a disposition of business suspension pursuant to the provisions of paragraph (1) fails to pay the penalty surcharge by the payment deadline, the Minister of Culture, Sports and Tourism shall collect it in the same manner as delinquent national taxes are collected.
    <Amended by Act No. 8852, Feb. 29, 2008; Act No. 14083, Mar. 22, 2016>
  3. (3) The penalty surcharge collected pursuant to the provisions of paragraphs (1) and (2) may be used by the collecting body to establish order of healthy use of works.
    <Amended by Act No. 14083, Mar. 22, 2016>
  4. (4) Matters necessary for the amount of penalty surcharge in accordance with the kind, degree, etc. of violation for which a penalty surcharge is imposed pursuant to the provisions of paragraph (1), procedures for use of penalty surcharge pursuant to the provisions of paragraph (3), etc. shall be prescribed by Presidential Decree.
    <Amended by Act No. 14083, Mar. 22, 2016>