The person who produced the creative work shall be the creator or author.
Creator/Author and Copyright- The “creator or author” refers to the person who produced the creative work (Subparagraph 2 of Article 2 of the Copyright Act).
- The creator or author shall hold moral rights and property rights (hereinafter referred to as “Copyrights”), which come into effect after the work creation (Article 10 of the Copyright Act).
Assumption of the Creator- In case where it is challenging to identify the person who actually produced the creative work, any person who falls under any of the following cases shall be presumed to have the copyright for his or her works as an author (See Article 8(1) of the Copyright Act).
· If the person has created the original or reproduced work and his/her real name or pseudonym (stage name, pen name, abbreviated name, etc.) has been generally and popularly stated.
· If the person has performed or publicly transmitted the creative work and his/her real name or far-famed name has been stated.
- However, if the creative work does not state the author’s name or pseudonym as mentioned above, the author holding the copyright shall be assumed to be the person indicated as the publisher, performer, or the utterer (Article 8(2) of the Copyright Act).