The author can protect his/her reputation and personal qualities by exercising moral rights.
Moral Rights
- “Moral Rights” protect the author’s personal and mental profits on his/her creative work, and include publication rights, rights to indicate the author's name, and rights to indicate the content identity (Article 10(1) of the Copyright Act).
Exercising Moral Rights for Works of Joint Authorship
- The moral rights for works of joint authorship may be exercised only upon the unanimous agreement of all creators involved. In this case, the creator shall not go against good faith and disagree to preclude a unanimous agreement (Article 15(1) of the Copyright Act).
- Copyright co-owners may nominate a representative copyright co-owner among joint authors to exercise moral rights for the work of joint authorship (Article 15(2) of the Copyright Act).
- Suppose there are restrictions imposed on the representation power to exercise moral rights on works of joint authorship. Such restrictions shall not apply to defend against third parties with good faith.
The creator may determine whether or not to announce his/her creative work officially.
Significance of “Publication Rights”
- “Publication Rights” mean that the creator has the right to determine whether or not to officially announce his/her creative work (Article 11(1)of the Copyright Act).
- However, publication rights may be exercised only for creative works that have not been publicized.
※ “Publication” refers to publicizing the creative work through performances, public transmissions, exhibitions, or other methods, or issuing the creative work (Subparagraph 25 of Article 2 of the Copyright Act).
Assuming or Regarding the Creator’s Approval of Publication
- Suppose the creator transferred property rights, permitted use, set an exclusive publication or publication rights on creative works that have not been published. In this case, it shall be deemed that the creator approved the other party to publish or officially announce his/her creative works (Article 11(2) of the Copyright Act).
- Moreover, suppose another party obtained the original creator’s approval to publicize derivative works or compilation works. In this case, the original work shall also be deemed to have been published or officially announced (Article 11(4) of the Copyright Act).
The author’s name shall be stated when another person uses his/her creative works.
Right to Indicate the Author’s Name
- The author has the right to indicate his/her real name or pseudonym on his/her original or reproduced creative work, or the media publicizing the creative work (Article 12(1) of the Copyright Act).
Obligation to Indicate the Author’s Name
- Unless the author expresses his/her intention to do otherwise, any person using creative works shall indicate the author’s real name or pseudonym as stated (main text of Article 12(2) of the Copyright Act).
- However, this shall not apply in inevitable situations arising due to the features, usage purpose, or form of the creative work (Conditions of Article 12(2) of the Copyright Act).
The creative work shall be used in its original form without modifications in contents or form.
Right to Maintain the Content Identity
- The author has the right to maintain the content identity of his/her creative work, so the contents, form, and title shall remain unchanged when used by another person (Article 13(1) of the Copyright Act).
- The author has the right to keep the content identity of his/her work in its original form, so he/she solely has the right to modify or delete contents. Any person intending to modify or delete contents of the creative work shall ask for the author’s permission in advance.
Restriction of the Application of the Right to Maintain Content Identity
- Unless essential contents are modified, the author’s right to maintain content identity shall be restricted in any of the following cases (Article 13(2) of the Copyright Act).
· When using the creative work for education at school under Article 25 of the Copyright Act, rights may be restricted on modifications of some expressions inevitably for educational purposes.
· Extending, reconstructing, or modifying buildings.
· If the computer program can be used only for specific types of computers, modifying it to the scope required for use on other computers.
· Changing the computer program to the scope required to use it on a specific computer more effectively.
· Any other modifications recognized inevitable due to the creative work's features, usage purpose, or form.
Any person infringing on the author's moral rights shall be sentenced to imprisonment or fined.
Penalties for Infringement of an Author’s Moral Rights
- Any person who infringed on and defamed the author's moral rights shall be sentenced up to three years of imprisonment or fined up to KRW 30 million, or penalized with both sentences (Subparagraph 1 of Article 136(2) of the Copyright Act).