Creative works may be published in school textbooks.
Publishing Creative Works in School Textbooks for Educational Purposes
- High school and schools with lower grades, or other equivalent educational institutions may print published creative works in school textbooks for educational purposes (Article 25, paragraph 1 of the Copyright Act).
- The school textbook issuer may reproduce, distribute, or publicly transmit creative works printed in school textbooks within the scope required to fulfill its original educational purpose (Article 25, paragraph 2 of the Copyright Act).
Requirements to Print Creative Works on School Textbooks Required for Educational Purposes (Source: Korea Reproduction and Transmission Rights Association (KORRA)_Application to use Creative Works_Educational Institution/Library)
- Required to use published creative works
- In the case of printing published creative works on “books for educational purposes”
- If the school textbook is required for educational purposes for “high school and schools with lower grades, or other equivalent educational institutions”
Obligatory Measures Required, such as Preventive Measures for Reproduction
- If a school textbook issuer publicly transmits the creative work, he/she shall take the following measures to prevent the infringement of rights, including copyrights (Article 25, paragraph 12 of the Copyright Act and Article 9 of the Enforcement Decree of the Copyright Act).
· The following technical measures required to prevent illegal use
√ Restrict access so that only persons taking the course can approach the transmitted creative works
√ Restrict reproduction so that only persons taking the course can reproduce the transmitted creative works
· Indicate a phrase of warning for the protection of the creative work’s copyrights
· Install device to calculate compensation for the transmissions
Obligation to Pay Compensation
Translating, Arranging or Remaking the Creative Work for Publication in School Textbook
- High school and schools with lower grades, or other equivalent educational institutions may translate, arrange, or remake creative works for publication in school textbooks for educational purposes (Article 25, paragraph1 and Article 36, paragraph 1 of the Copyright Act).
Obligation of Source Statement
- High school and schools with lower grades, or other equivalent educational institutions shall specify the source of creative works if using them for publication in school textbooks for educational purposes (Article 25, paragraph 1 and main text of Article 37, paragraph 1 of the Copyright Act).
- The user shall specify the source through a method considered justifiable according to the situation in which the creative work will be used. If the creator’s real name or pseudonym is stated on the creative work, the user shall specify the real name or pseudonym (Article 37, paragraph 2 of the Copyright Act).
※ If the user violates the provision above and uses a creative work without specifying the source, he/she shall be fined up to KRW 5 million (Article 138, subparagraph 2 of the Copyright Act).
Creative works may be reproduced or distributed for lessons in schools, educational institutions, and education support institutions.
Using Creative Works for Lessons in Schools, Educational Institutions, and Education Support Institutions
- A part of the published creative work may be reproduced, distributed, performed, exhibited, or publicly transmitted (hereinafter referred to as “Reproductions, etc.”) for lessons in schools or educational institutions specified below (main text of Article 25, paragraph 3 of the Copyright Act).
1. Schools established under the Special Act
2. Schools under the Early Childhood Education Act, Elementary and Secondary Education Act, and Higher Education Act
3. Education institutions run by the nation or local government
- Nation- or Local government-affiliated institutions that support lessons in schools or educational institutions (hereinafter referred to as the “Education Support Institution”) may reproduce, etc., some parts of the published creative work if necessary for educational support (main text of Article 25, paragraph 4 of the Copyright Act).
※ However, the entire creative work may be reproduced, etc., if considered inevitable due to the published creative work’s features, usage purposes, or form (Conditions of Article 25, paragraph 3 and Conditions of Article 25, paragraph 4 of the Copyright Act).
- The published creative work may be reproduced or publicly transmitted within the scope of educational purposes in lessons, if required necessary, by the student receiving education at school or an educational institution (Article 25, paragraph 5 of the Copyright Act).
Obligatory Measures Required, such as Preventive Measures for Reproduction
- If a school, educational institution, or education support institution publicly transmits the creative work, it shall take the following measures to prevent the reproduction, etc., of rights, including copyrights (Article 25, paragraph 12 of the Copyright Act and Article 9 of the Enforcement Decree of the Copyright Act).
· The following technical measures required to prevent illegal use
√ Restrict access so that only persons taking the course can approach the transmitted creative works
√ Restrict reproduction so that only persons taking the course can reproduce the transmitted creative works
· Indicate a phrase of warning for the protection of the creative work’s copyrights
· Install devices to calculate compensation for the transmissions
Obligation to Pay Compensation
- If a school or educational institution uses the creative work for educational purposes or an education support institution uses it for educational support purposes, it shall provide the Korea Reproduction and Transmission Rights Association (KORRA) with compensation according to the 「2021 Criteria of Compensation for Creative Works in School Textbooks」(Article 25, paragraph 7 and the main text of paragraph 6 of the Copyright Act and the Designation of Institutions to Provide Compensation for Using Creative Works for Educational Purposes, Etc.).
- However, high school and schools with lower grades, or other equivalent educational institutions will not provide compensation for reproductions, etc. (Conditions for Article 25, paragraph 6 of the Copyright Act).
Translation, Arrangement, or Adaptation of Creative Works for Lessons at Educational Institutions
- Creative works may be translated, arranged, or remade for educational purposes at schools or educational institutions (Article 36, paragraph 1 of the Copyright Act).
Obligation of Source Statement
- The source of the creative work shall be specified for usage at schools and educational institutions for educational purposes (Article 37, paragraph 1 of the Copyright Act).
- The user shall specify the source through a method considered justifiable according to the situation in which the creative work will be used. If the creator’s real name or pseudonym is stated on the creative work, the user shall specify the real name or pseudonym (Article 37, paragraph 2 of the Copyright Act).
※ If the user violates the provision above and uses a creative work without specifying the source, he/she shall be fined up to KRW 5 million (Article 138, subparagraph 2 of the Copyright Act).
Creative works may be reproduced for test questions at school, etc.
Reproduction for Test Questions
- Suppose the creative work is required for an entrance exam at school, or tests or certification exams verifying one’s knowledge or technical skills. In this case, the published creative work may be reproduced, distributed, or publicly transmitted within a justifiable scope to fulfill the purpose (main text of Article 32 of the Copyright Act).
- However, the creative works shall not be reproduced, distributed, or publicly transmitted for commercial purposes (Conditions of Article 32 of the Copyright Act).
Translation for Test Questions
- Suppose the creative work is required for an entrance exam at school, or tests verifying or proving one’s knowledge or technical skills. In this case, the published creative work may be translated within a justifiable scope to fulfill the purpose (Article 32 and Article 36, paragraph 2 of the Copyright Act).