Illegal reproductions distributed online shall be abrogated, deleted, or discarded.
Illegal Reproductions to be Abrogated, Deleted, or Discarded
- Suppose the Ministry of Culture, Sports and Tourism, Special City Mayor, Metropolitan City Mayor, Provincial Governor, Self-Governing Province Governor, or the Head of Si/Gun/Gu (head of an autonomous Gu) discovers equipment, device, information, or program to undermine technical protection measures against the infringement of reproductions (excluding reproductions transmitted through information network systems, hereinafter referred to as “Illegal Offline Reproductions”) or creative work protected by copyrights or under the law. In this case, the responsible person may order the public official in charge to abrogate, delete, or discard such illegal reproductions or programs (Article 133, paragraph 1 of the Copyright Act).
- The Minister of Culture, Sports and Tourism may entrust the following institutions to fulfill the duties of abrogating, deleting, or discarding illegal offline reproductions (former part of Article 133, paragraph 2 of the Copyright Act, and Article 70, paragraph 1 of the Enforcement Decree of the Copyright Act).
· Korea Copyright Protection Agency, or
· Any other corporations or institutions that the Minister of Culture, Sports and Tourism deems qualified to abrogate, delete, or discard illegal reproductions.
- If the public official abrogates, deletes, or discards illegal offline reproductions, the Minister of Culture, Sports and Tourism may request the relevant institution’s cooperation if required (Article 133, paragraph 3 of the Copyright Act).
Relationship with Other Laws and Regulations
- Even if there are other laws and regulations on abrogating, deleting, or discharging illegal offline reproductions, the Copyright Act shall be priorly applied (Article 133, paragraph 6 of the Copyright Act).
A person distributing illegal reproductions online may have his/her account suspended.
Warning, and Commanding Deletion and Suspension of Transmission
- Suppose a person transmits programs or information that violate copyrights, infringes on creative works protected under the Copyright Act, or weakens technical protective actions or information (hereinafter referred to as “Illegal Online Reproductions”). In this case, the Minister of Culture, Sports and Tourism may order the online service provider to take the following measures through the deliberation of the Copyright Protection Deliberation Committee (Article 133-2, paragraph 2 of the Copyright Act).
· Warn the reproducer or sender of the illegal online reproductions, or
· Command the reproducer or sender to delete illegal online reproductions or cease transmissions.
※ Suppose the online service provider refuses to do as warned or does not delete or cease transmissions of illegal online reproductions as commanded. In this case, he/she shall be fined up to KRW 10 million (Article 142, paragraph 2, subparagraph 4 of the Copyright Act).
- The Minister of Culture, Sports, and Tourism shall prepare the
Warning Notice or Order of Deletion and Suspension of Transmission and notify such notice or order in writing (including electronic documents) to warn or command the online service provider or reproducer/sender of illegal online reproductions to delete or suspend transmissions (Article 72-2 of the Enforcement Decree of the Copyright Act, and Article 26, paragraph 1 and Appendix Form No. 57 of the Enforcement Rules of the Copyright Act).
- The Minister of Culture, Sports and Tourism shall give an opportunity to the following persons to submit a statement in advance: reproducer or sender of illegal online reproductions, etc., or the online service provider commanded to delete or suspend sending illegal online reproductions (Article 133-2, paragraph 7 of the Copyright Act).
- The online service provider shall indicate the following matters on the
Notification of Action Results and submit such notification to the Minister of Culture, Sports and Tourism within five days after receiving the warning about the reproducer or sender of illegal online reproductions, etc., or commanded to delete illegal reproductions or suspend sending them. (Article 133-2, paragraph of the Copyright Act, Article 72-5, subparagraph 1 of the Enforcement Decree of the Copyright Act, Article 26, paragraph 2, and Appendix Form No. 57-2 of the Enforcement Rules of the Copyright Act).
· Measures taken on the command
· Information to specify the reproducer/sender
· Date of order execution
※ If the online service provider fails to notify the action results, he/she shall be fined up to KRW 10 million (Article 142, paragraph 2, subparagraph 5 of the Copyright Act).
Suspension of the Reproducer’s/Sender’s Account for Repeated Infringement
- Suppose the reproducer or sender of illegal online reproductions sent such reproductions after being warned more than three times. In this case, the Minister of Culture, Sports and Tourism may command the online service provider to suspend the reproducer’s or sender’s account within a specified period of six months through the deliberation of the Copyright Protection Deliberation Committee (Article 133-2, paragraph 2 of the Copyright Act).
※ If the online service provider fails to fulfill the command of account suspension, he/she shall be fined up to KRW 10 million (Article 142, paragraph 2, subparagraph 4 of the Copyright Act).
※ Period of Account Suspension (Article 72-3, paragraph 3 of the Enforcement Decree of the Copyright Act)
ㆍ For the first suspension, less than one month
ㆍ For the second suspension, more than one month and less than three months
ㆍ For the third suspension, more than three months and within six months
- The Minister of Culture, Sports and Tourism shall prepare the
Order of Account Suspension indicating the following matters and notify such order in writing (including electronic documents) to suspend the account of the reproducer or sender responsible for illegal online reproductions (Article 72-3, paragraph 2 of the Enforcement Decree of the Copyright Act, and Article 26, paragraph 1 and Appendix Form No. 57 of the Enforcement Rules of the Copyright Act).
· The Account of the Reproducer/Sender
· The fact that the online service provider was warned more than three times that the reproducer or sender was responsible for illegal online reproductions (Article 133-2, paragraph 1, subparagraph 1 of the Copyright Act)
· The fact that the reproducer or sender refused to stop transmitting illegal reproductions after being warned more than three times (Article 133-2, paragraph 1, subparagraph 1 of the Copyright Act)
· Period of Account Suspension
- After being ordered to suspend the reproducer’s or sender’s account, the online service provider shall promptly notify the reproducer/sender in writing that his/her account will be suspended at least seven days before the account suspension (Article 133-2, paragraph 3 of the Copyright Act, and Article 72-3, paragraph 4 of the Enforcement Decree of the Copyright Act).
※ If the online service provider fails to notify the reproducer/sender in writing, he/she shall be fined up to KRW 10 million (Article 142, paragraph 2, subparagraph 5 of the Copyright Act).
- After being ordered to suspend the reproducer’s/sender’s account, the online service provider shall indicate the following matters on the
Notification of Action Results and submit such notification to the Minister of Culture, Sports and Tourism within five days (Article 133-2, paragraph 6 of the Copyright Act, Article 72-5, subparagraph 1 of the Enforcement Decree of the Copyright Act, Article 26, paragraph 2, and Appendix Form No. 57-2 of the Enforcement Rules of the Copyright Act).
· Measures taken on the command
· Information to specify the reproducer/sender
· Date of order execution
※ If the online service provider fails to notify the action results, he/she shall be fined up to KRW 10 million (Article 142, paragraph 2, subparagraph 5 of the Copyright Act).
Order to Suspend Bulletin Board Services
-Suppose the online service provider’s bulletin board established on the information network system was ordered more than three times to delete or cease transmissions of illegal online reproductions, etc. (Article 133-2, paragraph 1, subparagraph 2 of the Copyright Act), and the bulletin board characteristics or the amount and features of posted reproductions are considered to infringe on copyrights and harm orders and rules of use severely. In this case, the Minister of Culture, Sports and Tourism may order the online service provider to suspend operating some or all bulletin board services during a specified period within six months through deliberation with the Copyright Protection Deliberation Committee (Article 133-2, paragraph 4 of the Copyright Act).
※ If the online service provider refuses to comply with the command to suspend the operation of bulletin board services, he/she shall be fined up to KRW 10 million (Article 142, paragraph 2, subparagraph 4 of the Copyright Act).
- The Minister of Culture, Sports and Tourism shall prepare the
Order of Suspension of Bulletin Board Operations indicating the following matters and notify such order in writing (including electronic documents) to command the online service provider to suspend bulletin board operations (Article 72-4, paragraph 2 of the Enforcement Decree of the Copyright Act, and Article 26 and Appendix Form No. 57 of the Enforcement Rules of the Copyright Act).
· Bulletin board ordered for suspension
· The fact that deletion or transmission suspension of illegal reproductions, etc. was warned more than three times
· Contents of the illegal act
· Period of Account Suspension
- After being ordered to suspend bulletin board operations, the online service provider shall post the information of bulletin board suspension on his/her website or bulletin board from 10 days before the suspension of services (Article 133-2, paragraph 5 of the Copyright Act).
※ If the online service provider fails to post the information of bulletin board suspension, he/she shall be fined up to KRW 10 million (Article 142, paragraph 2, subparagraph 5 of the Copyright Act).
- After being ordered to suspend bulletin board operations, the online service provider shall indicate the following matters on the
Notification of Action Results and submit such notification to the Minister of Culture, Sports and Tourism within 15 days after the command (Article 133-2, paragraph 6 of the Copyright Act, Article 72-5, subparagraph 1 of the Enforcement Decree of the Copyright Act, Article 26, paragraph 2, and Appendix Form No. 57-2 of the Enforcement Rules of the Copyright Act).
※ If the online service provider fails to notify the action results, he/she shall be fined up to KRW 10 million (Article 142, paragraph 2, subparagraph 5 of the Copyright Act).