A person may use the creative works of an unknown author by depositing compensation.
Legal Permission for Usage of Creative Works- Suppose a person put his/her utmost effort into meeting all of the following qualifications but failed to obtain permission to use the creative work because the copyright holder or his/her residence was unknown. In this case, the user may use the creative work by acquiring the Korea Copyright Commission’s permission and paying compensation according to its specified criteria (Article 50, paragraph 1, and Articles 112 and 130 of the Copyright Act, Article 18 and Article 68, paragraph 1, subparagraph 1 of the Enforcement Decree of the Copyright Act, and Article 3 of the Enforcement Rules of the Copyright Act).
· The person asking permission for use must view the copyright register or apply for issuance of a copy to check the copyright holder or his/her address.
· If the person sent a document with a fixed date to the following persons to confirm the copyright holder and his/her address, but the reply indicated that the requested contents could not be found or if there was no reply for a month after the document was sent (Article 50, paragraph 1 of the Copyright Act and Article 18, paragraph 1, subparagraph 2 of the Enforcement Decree of the Copyright Act)
√ If a copyright entrusted manager handles creative works in the same category as the corresponding work. The copyright entrusted manager
√ If there are no copyright entrusted managers handling creative works in the same category as the corresponding work. Any of the following persons:
A. Agencies or brokerage listed for copyright licensing (hereinafter referred to as “Agencies or Brokerage")
B. If there are more than two users, who were previously allowed to use the actual performance, record, or broadcast.
· It must be ten days after the person asking permission posted a notice on a general daily distributed nationwide or the Find Copyright Holder website (http://www.findcopyright.or.kr).
√ Purpose of searching the copyright holder
√ The copyright holder’s name, address, residence, etc. (only if recognizable)
√ The creative work’s title
√ Copyright holder’s name (real name or pseudonym) stated when publicized
√ The person who issued or publicly announced the creative work
√ The purpose of using the creative work
√ Data, such as the reproduction’s cover image (only if available)
√ The person who gave out the notice and his/her contact point
· The person must search for the copyright holder or his/her address through information search tools on national and international information network systems.
- Suppose legal permission is requested again for the creative work which was legally permitted for usage under Article 50, paragraph 1 of the Copyright Act. In this case, procedures requiring considerable efforts may be omitted (main text of Article 50, paragraph 3 of the Copyright Act).
· However, the above provision shall not apply if the copyright holder files an objection according to Article 20, paragraph 3 of the Enforcement Decree of the Copyright Act before the approval of legal permission for the creative work (Conditions for Article 50, paragraph 3 of the Copyright Act).
Procedures for Usage Approval- Persons intending to obtain permission to use creative works with unknown copyright holders shall submit the following documents to the Korea Copyright Commission (Article 19 of the Enforcement Decree of the Copyright Act and Article 4, Appendix Form No. 1-4 and Appendix Form No. 2 of the Enforcement Rules of the Copyright Act).
※ Attach a sample, design, or photo for creative works in obscure forms or with unclear contents
· Compensation Calculation Details
· Documents that verify the publication of the creative work, etc.
· Papers that indicate that the copyright holder or his/her residence cannot be found.
- If receiving an application for the usage of creative work of an unknown copyright holder, the Korea Copyright Commission shall post the contents of the application on the Find Copyright Holder website for ten days (Article 20, paragraph 1, subparagraph 1 of the Enforcement Decree of the Copyright Act).
- If the application for the usage of creative work of an unknown copyright holder falls under any of the following cases, the Korea Copyright Commission will dismiss the application (Article 22, paragraph 1 of the Enforcement Decree of the Copyright Act).
· If the application does not meet the qualifications required to use a creative work of an unknown copyright holder
· If the copyright holder or his/her residence has been found before the approval of creative work usage
· If the copyright holder withdraws all creative works to preclude its publication or usage for any other purposes
· If the application purpose can be achieved through another way apart from the creative work, or if the copyright holder has an inevitable reason to disapprove the usage of the creative work
- The Korea Copyright Commission shall inform the applicant of the approval reason if permitting the use of creative works of an unknown copyright holder and indicate the dismissal reason if rejecting application approval (Article 21, paragraph 1, and Article 22, paragraph 2 of the Enforcement Decree of the Copyright Act).
· If the Korea Copyright Commission approves usage of creative work of an unknown copyright holder, it shall post the approved contents on the Find Copyright Holder website (the latter part of Article 21(1) of the Enforcement Decree of the Copyright Act).
- If the Korea Copyright Commission approves the usage of creative work of an unknown copyright holder, it shall post the following contents for at least one month on the Find Copyright Holder website (Article 50, paragraph 4 of the Copyright Act and Article 21, paragraph 2 of the Enforcement Decree of the Copyright Act).
· The creative work’s title and its publication date
· The name of the creator or copyright holder
· The name of the applicant permitted to use the work
· Conditions of approval to use the creative works (permitted usage period and compensation)
· The creative work’s form and usage method
Procedures to Claim Compensation- The copyright holder intending to receive compensation (hereinafter referred to as the “Compensation Claimant”) shall submit the invoice for compensation with the following attachments to the Korea Copyright Commission (Article 50, paragraph 1 of the Copyright Act, Article 23-2, paragraph 1 of the Enforcement Decree of the Copyright Act, Article 5-2 and Appendix Form No. 2-2 of the Enforcement Rules of the Copyright Act).
· Evidential data
√ Registration copy or other appropriate data verifying the claimant as to the copyright holder, etc.
√ The creative work copy or other appropriate data stating the claimant’s real name, well-known pseudonym, etc.
· Documents identifying the claimant
· Documents verifying the person as the claimant’s representative (only if claimed by the claimant’s representative)
- The compensation claimant may file one unified invoice for more than two creative works (Article 23-2, paragraph 2 of the Copyright Act).
- Upon receiving the invoice, the Korea Copyright Commission shall promptly inspect whether the compensation claimant is the rightful copyright holder of the creative work (Article 23-2, paragraph 3 of the Enforcement Decree of the Copyright Act).
- The Korea Copyright Commission may request the compensation claimant for data required to check whether he/she is the rightful copyright holder (Article 23-3, paragraph 4 of the Enforcement Decree of the Copyright Act).
Specifying the Approval Date- Persons using creative works of an unknown copyright holder shall specify the intention and approval date on the work (Article 50, paragraph 2 of the Copyright Act).