Commercial records or cinematographic works may be performed for no benefits in return.
Performance of Commercial Records or Cinematographic Works for No Benefits in Return
- Commercial records or cinematographic works produced for commercial purposes may be played for the public if no benefits are received in return by the audience or spectator (main text of Article 29, paragraph 2 of the Copyright Act).
- However, commercial records or cinematographic works produced for commercial purposes shall not be played in public performances that fall under any of the following cases without the copyright holder’s permission (Conditions of Article 29, paragraph 2 of the Copyright Act, Article 11 of the Enforcement Decree of the Copyright Act, and Article 2 of the Enforcement Rules of the Copyright Act).
· Any of the following performances displayed in food service businesses under Article 21, paragraph 8 of the Enforcement Decree of the Food Sanitation Act
A. Performances in snack bars under Article 21, subparagraph 8, item A of the Enforcement Decree of the Food Sanitation Act, such as coffee shops or cafes selling alcohol-free drinks
B. Performances in ordinary restaurants under Article 21, subparagraph 8, item B of the Enforcement Decree of the Food Sanitation Act, such as beer restaurants or bars
C. Performances in karaoke bars under Article 21, subparagraph 8, item C of the Enforcement Decree of the Food Sanitation Act and entertainment bars under Article 21, subparagraph 8, item D of the Enforcement Decree of the Food Sanitation Act
D. Performances in shops that do not fall under paragraphs A to D above, equipped with equipment to play music or cinematographic works or displays such creative works as a key sales strategy.
· Games played in race tracks under the Korean Racing Association Act and games in bicycle or motorboat race tracks under the Bicycle and Motorboat Racing Act
· Performances played in the following facilities under the Installation and Utilization of Sports Facilities Act
A. Among specialized sports facilities under Article 5 of the Installation and Utilization of Sports Facilities Act, sports complexes and gyms in types of facilities under Attached Table 1 No. 1 of the Enforcement Rules of the Installation and Utilization of Sports Facilities Act, and sports fields and gyms among types of facilities under Attached Table 1 No. 2 of the Enforcement Rules of the Installation and Utilization of Sports Facilities Act
B. Golf courses, dance institutes, dance halls, ski resorts, aerobics centers, or physical fitness centers under Attached Table 1 of the Enforcement Decree of the Installation and Utilization of Sports Facilities Act
· Performances displayed in passenger airplanes for air transport businesses under the Aviation Business Act, ships for marine passenger transportation businesses under the Marine Transportation Act, or passenger trains under the Railroad Enterprise Act
· Performances in hotels, resort condominiums, casinos, or recreation areas under the Tourism Promotion Act
· Performances in large stores (excluding traditional markets under Article 2, subparagraph 1 of the Special Act on the Nurturing of Traditional Markets) specified under the Attached Table of the Distribution Industry Development Act
· Accommodation businesses under Article 2, paragraph 1, subparagraph 2 of the Public Health Control Act, and public bathhouses under Article 2, paragraph 1, subparagraph 3, item B of the Public Health Control Act that display cinematographic works through equipment showing cinematographic works published for commercial purposes
· Any of the following facilities equipped with devices displaying published cinematographic works for commercial purposes within six months after its issuance date
√ Government offices and attached facilities of national and local government institutions (and their affiliates)
√ Performance halls under the Public Performance Act
√ Museums and art museums under the Museum and Art Museum Support Act
√ Libraries under the Libraries Act
√ Local cultural institutes under the Promotion of Local Cultural Institutes Act
√ Social welfare services under the Social Welfare Services Act
√ Women resources development centers and Museums of women history under Articles 47 and 50 of the Framework Act on Gender Equality
√ Youth training centers under Article 10, subparagraph 1, item A of the Juvenile Activity Promotion Act
√ Si/Gun/Gu civic centers among public facilities specified under Article 161 of the Local Autonomy Act
Translating, Arranging, or Remaking Commercial Records or Cinematographic Works with no Benefits in Return
- Commercial records or cinematographic works produced for commercial purposes may be translated, arranged, or remade if no benefits are received in return by the audience or spectator (Article 36, paragraph 1 of the Copyright Act).