Protection period of right regarding music works
Expiry of author’s moral right due to death of author
- Author’s moral right is a right that belongs exclusively to the author (Article 14(1) of the “Copyright Act”).
· Therefore, the author's moral right of a music work is a right that is extinguished when the author is deceased.
- A person using work after the author has deceased cannot commit acts that would have infringed the author’s moral right if the author was alive (main text of Article 14(2) of the “Copyright Act”).
· Provided, that in the event that the act is recognized not to defame the author in terms of social norms, reflecting on the nature and level of the act, the author’s moral right is not protected (proviso of Article 14(2) of the “Copyright Act”).
Protection period of author’s economic right
- The copyright generated from the creation of work is a right with restriction of period.
· The reason that only copyright is protected for a fixed period in contrast with ownership or other property right is because all works including music are included as part of the common cultural inheritance of mankind (page 34, “Music and Copyright,” Korea Copyright Commission, 2010).
· The protection period of author’s moral right that enables free use of created work after a certain period and becomes the basis for new creations is in accord with the litigation purpose of the “Copyright Act” that contributes to the improvement and development of culture and related industries (refer to Article 1 of the “Copyright Act”).
- The author’s economic right to a work continues to subsist during the lifetime of an author and until the end of a period of seventy (70) years after the death of the author (Article 39(1) of the “Copyright Act”).
Protection period of author’s economic right of joint works
- The author’s economic right to a joint work continues to subsist for a period of 70 years after the death of the last surviving co-author (Article 39(2) of the “Copyright Act”).
Protection period of work with author unknown or known with another name
- The author’s economic right to a work that is anonymous or bears the pseudonym which is not widely known continues to subsist for a period of seventy (70) years after it has been made public (main text of Article 40(1) of the “Copyright Act”).
- Provided, that within such period, if there are reasonable grounds for recognizing that seventy (70) years have lapsed after the death of the author, such economic right is be deemed to be extinguished at the time when it deems that seventy (70) years have lapsed after the death of the author (proviso of Article 40(1) of the “Copyright Act”).
Reckoning of protection period of author’s moral right
- The protection period of author’s economic right commences from January 1st of the following year of the death of the author, or the creation of the work, or is the making public of the work (Article 44 of the “Copyright Act”).
Expiry of author’s economic right.
- Author’s economic right expires in any of the following cases (Article 49 of the “Copyright Act”).
· Where, after the author’s death without heir, author’s economic right is attributed to the State according to provisions of the “Civil Act” and other Acts
· Where, after the dissolution of a legal person or an organization who is the holder of author’s economic right, author’s economic right are attributed to the State according to the provisions of the “Civil Act” and other Acts