When the author cannot be known, the remuneration may be used after provided to the Korea Copyright Commission. 
Statutory license of Korea Copyright Commission
- Even if anyone has made considerable effort relevant to the standard prescribed by Article 18 of the “Enforcement Decree of the Copyright Act,” in the event that use authorization of the work is unavailable as the holder of author’s economic right of the work made public or the address of such cannot be known, the remuneration pursuant to the standard prescribed by the Korea Copyright Commission may be provided to the Korea Copyright Commission and be used after approval from the Korea Copyright Commission (Article 50(1), Article 130 of the “Copyright Act” and Article 68(1) of the “Enforcement Decree of the Copyright Act”).
※ The right to receive remuneration should be exercised through the Korea Copyright Commission (Article 50(5) of the “Copyright Act”)
※ Approval of use of work with holder of author’s economic right unknown and decision of the standard for remuneration is managed by the “Korea Copyright Commission,” entrusted by the Minister of Culture, Sports and Tourism (Article 130 of the “Copyright Act” and Article 68(1) of the "Enforcement Decree of the Copyright Act”).
- Standard for considerable effort
· “Considerable effort” refers to that which satisfies all of the following requirements (Article 50(1) of the “Copyright Act,” Article 18(1) of the “Enforcement Decree of the Copyright Act”).
√ The holder of author’s economic right of the relevant work or residence of such to be inquired through reading the copyright register or request for issuance of its copy (Article 50(1) of the “Copyright Act,” Subparagraph 1 of Article 18(1) of the “Enforcement Decree of the Copyright Act”)
√ Document with decision date for confirming holder of author’s economic right or residence of such cannot was sent to a person pursuant to the following classification, but a reply that it cannot be known was received, or no reply was received within one (1) month of sending the document (Article 50(1), Article 89 of the “Copyright Act,” Subparagraph 2 of Article 18(1) of the "Enforcement Decree of the Copyright Act”)
1. If there is a copyright trust service provider that manages the work of the field in which the relevant work belongs to: Copyright trust service provider
2. If there is no a copyright trust service provider that manages the work of the field in which the relevant work belongs to: A person that is relevant to any one of the following
A. A person that reported a copyright agency or brokerage service (hereinafter referred to as “copyright agency or brokerage service provider”)
B. At least two (2) persons among the users that have been authorized for use regarding the relevant performance, phonogram, and broadcasting
√ At least ten (10) days have passed since the following matters have been notified on the general daily newspaper registered with the distributed area as nationwide or on the “right holder search information system” of the work with right holder unknown (Article 50(1) of the “Copyright Act,” Subparagraph 3 of Article 18(1) of the "Enforcement Decree of the Copyright Act,” Article 3 of the “Enforcement Rule of the Copyright Act”)
1. Intent to find holder of author’s economic right
2. Name or title, address or residence, etc. of holder of author’s economic right (restricted to the event that it can be known)
3. Title of work
4. Name of holder of author's economic right indicated when made public (name or nickname)
5. Person that has published or made the work public
6. Use purpose of work
7. Data of cover picture, etc. of copies (restricted to the event that it is possible)
8. Announcer and contact number
√ The holder of author’s economic right of the relevant work or residence of such to be searched by using a domestic information network system information search tool (Article 50(1) of the “Copyright Act,” Subparagraph 4 of Article 18(1) of the “Enforcement Decree of the Copyright Act”)
· In the event that a work with statutory license pursuant to Article 50(1) of the “Copyright Act” becomes a subjects of statutory license again, procedures relevant to the standard for considerable effort may be omitted (main text of Article 50(3) of the “Copyright Act”).
√ Provided, that in the event that the holder of author’s economic right makes an objection prior to approval of the statutory license regarding the work, it does not apply (proviso of Article 50(3) of the “Copyright Act”).
Use approval procedures of work with holder of author’s economic right unknown
Request of use approval of work
- A person intending to receive approval for use of work with holder of author’s economic right unknown is required to attach the following documents to the work use approval application (Form 1-4 of Annex of the “Enforcement Rule of the Copyright Act”) and submit to the Korea Copyright Commission (Article 50 of the “Copyright Act,” Article 19, Article 68(1) of the “Enforcement Rule of the Copyright Act,” Article 4 of the “Enforcement Rule of the Copyright Act”).
· Work use application details (Form 2 of Annex of the “Enforcement Rule of the Copyright Act”)
※ If the form and content of work is unclear, a sample, drawing, picture, etc. of such attached
· Remuneration calculation statement
· Document that can reveal that the relevant work, etc. has been made public
· Document that can reveal that the holder of author’s economic right or residence of such cannot be known
Notice of details of application for approval
- If a use application of a work with the holder of author's economic right unknown is made, the Korea Copyright Commission has to notify the request details on the right holder search information system for ten (10) days (Subparagraph 1 of Article 20(1), Article 68(1) of the "Enforcement Decree of the Copyright Act").
Approval evaluation (Rejection reason of application for approval)
- The Korea Copyright Commission has to reject the application for approval of work with holder of author’s economic right unknown if it is relevant to any one of the following (Article 22(1) and Article 68(1) of the “Enforcement Decree of the Copyright Act”).
· If requirements for use request of a work with holder of author’s economic right unknown are not met
· If holder of author's economic right or residence of such is confirmed prior to approval of work use
· If holder of author’s economic right retrieves all of the copies of the work to prevent publication of work or provision for other use
· If the purpose cannot be achieved even if not the relevant work, or when there is an inevitable cause that prevents the holder of author’s economic right from authorizing use of work
Approval notification
- The Korea Copyright Commission has to notify the applicant of the details when approving use of a work with holder of author’s economic right unknown (former part of Article 21(1), Article 68(1) of the “Enforcement Decree of the Copyright Act”).
· The Korea Copyright Commission has to notify the details on the right holder search information system when approving use of a work with holder of author’s economic right unknown (latter part of Article 21(1), Article 68(1) of the "Enforcement Decree of the Copyright Act").
- The Korea Copyright Commission has to specify the reason and notify the applicant when rejecting an application for approval (Article 22(2), Article 68(1) of the “Enforcement Decree of the Copyright Act”).
Notice of statutory license details
- The Minister of Culture, Sports and Tourism has to post the following details on the right holder search information system for at least one (1) month when approving use of a work with holder of author’s economic right unknown (Article 50(4) of the “Copyright Act” and Article 21(2) of the “Enforcement Decree of the Copyright Act”).
· Title of work and year, month, date in which it was made public
· Name of author or holder of author’s economic right
· Name of person approved for use
· Use approval requirements of work (use authorization period and remuneration)
· Use method and form of work
Indication duty, such as year, month, date of approval of statutory license
- A person who uses a work with holder of author's economic right unknown should indicate the intention to use and the approval date (Article 50(2) of the “Copyright Act”).
Remuneration provision procedure method and use approval of undistributed remuneration
Remuneration provision procedure method
- A person approved to use a work with holder of author’s economic right unknown may provide the remuneration to the Korea Copyright Commission pursuant to the standard prescribed by the Korea Copyright Commission and use such (Article 50(1), Article 130 of the “Copyright Act” and Article 68(1) of the “Enforcement Decree of the Copyright Act”).
- The Korea Copyright Commission has to post the following matters on the “right holder search information system” of the work with right holder unknown if provided with remuneration (Article 23 of the “Enforcement Decree of the Copyright Act” and Article 5 of the “Enforcement Rule of the Copyright Act”).
· Title of work (summary of details stated if no title)
· Name of author and holder of author’s economic right (meaning of such stated if the author and holder of author’s economic right unknown)
· Use details of work
· Amount of remuneration
· Basis of remuneration
· Name of user of work
Remuneration claim procedures
- A holder of author’s economic right intending to receive remuneration (hereinafter referred to as “remuneration claimant”) has to attach the following material to the remuneration bill and submit to the Korea Copyright Commission (Article 50(1) of the “Copyright Act”, Subparagraph 1 of Article 23(2) of the “Enforcement Decree of the Copyright Act,” Article 5-2 and Form 2-2 of Annex of the “Enforcement Rule of the Copyright Act”).
· Evidence
√ Copy of registration certificate of copyright indicating oneself as right holder of the work, or material equivalent to such
√ Copy of work with name or nickname of oneself indicated as being renowned, or material equivalent to such
· Material that can verify oneself
· Material that can prove the agent (only applicable when the agent is making claim)
- When a claimant for remuneration intends to claim remuneration for at least two works, he or she may submit a single claim for those works (Subparagraph 2 of Article 23-2 of the “Enforcement Decree of the Copyright Act”).
- The Korea Copyright Commission upon receiving a bill for remuneration, has to investigate to confirm whether the remuneration claimant is the right holder of the relevant work without delay and may request the remuneration claimant for material required to confirm such (Article 23-2(3) and (4) of the “Enforcement Decree of the Copyright Act”).
Use approval of undistributed remuneration
- The Korea Copyright Commission may use undistributed remuneration past ten (10) years from the date of provision for the purpose relevant to any one of the subparagraphs of Article 25(10) of the “Copyright Act” with approval from the Minister of Culture, Sports and Tourism (Article 50(6) of the “Copyright Act”).
√ Education, promotion, and research of copyright
√ Management and provision of copyright information
√ Support of copyright creation activity
√ Copyright protection business
√ Business regarding protection of rights and interests of creator
√ Remuneration distribution activation business regarding the remuneration right holder
√ Business for promoting work use activation and fair use
- The Korea Copyright Commission has to submit a document with the following matters written to the Minister of Culture, Sports and Tourism in order to receive use approval of undistributed remuneration (Article 50(6) of the “Copyright Act,” Article 23-3 and Article 8(2) of the “Enforcement Decree of the Copyright Act”).
√ Provision date of remuneration
√ Amount requested for approval
√ Use purpose of remuneration
√ Use plan of remuneration
√ Time and date of application for approval
- The Korea Copyright Commission has to write up a use report within six (6) months and submit to the Minister of Culture, Sports and Tourism when using undistributed remuneration (Article 23-3 and Article 8(3) of the “Enforcement Decree of the Copyright Act”).