In addition, music works can be used freely in the following cases.
For educational purposes- A work already made public may be reproduced in curriculum books to the extent deemed necessary for the purpose of education at high schools, their equivalents or lower level schools. (Article 25(1) of the “Copyright Act”).
- A school established under any special Act, a school prescribed in the “Early Childhood Education Act,” “Elementary and Secondary Education Act,” or the “Higher Education Act,” an educational institution operated by the State or a local government, when necessary purpose of teaching, may reproduce, distribute, perform, exhibit, or publicly transmit part of the works made public (Article 25(3) of the “Copyright Act”).
- Provided, that where it is unavoidable to make a reproduction, etc. of all the relevant works in light of the nature of the works already made public, and the purpose and form of its use, reproduction, etc. of the entire work may be used (proviso of Article 25(3) of the “Copyright Act”).
For reporting current events- In cases of reporting current events by means of broadcasts or newspapers, or by other means, the works seen or heard in the relevant courses may be reproduced, distributed, performed publicly, transmitted publicly,to the extent justified by the reporting purpose (Article 26 of the “Copyright Act”).
Performances and broadcasts for non-profit purpose- A cinematographic work already made public for non-profit purposes and without receiving any benefit in return from audience, spectators or third persons may be performed publicly (excluding cases where any commercial phonograms or cinematographic works made public for commercial purposes are played) or broadcast. Provided, that the same does not apply to cases where performers are paid any normal remuneration (Act 29(1) of the “Copyright Act”).
Playing commercial phonograms- Any commercial phonograms or cinematographic works made public for commercial purposes for the general public may be played and performed publicly if no benefit in return for the relevant public performance is received from audience or spectators (main text of Article 29(2) of the “Copyright Act”).
· “Commercial phonogram” refers to a phonogram produced for public sale. Therefore, non-commercial phonograms, demo phonograms, or a commercial phonogram that a coffee shop with international branches has produced to supply to the branches worldwide does not fall into the category of commercial phonograms (refer to Seoul High Court Decision 2009Na53224 Decided September 9, 2010).
- Provided, that for part of the performances, the commercial phonograms or cinematographic works made public for commercial purposes for the general public cannot be played and performed publicly without authorization from the holder of author’s economic right (proviso of Article 29(2) of the “Copyright Act” and Article 11 of the “Enforcement Decree of the Copyright Act”).
When using a music work made public for personal purposes- A user may reproduce in private, without any commercial purposes, a work already made public, within the limit of personal, family or the equivalent use (main text of Article 30 of the “Copyright Act”).
- A user may translate, arrange, or adapt in private, without any commercial purposes, a work already made public, within the limit of personal, family or the equivalent use (Article 36(1) of the “Copyright Act”).
For fair use of works- What is fair use of works?
· Except as provided in the restriction regulations of author's economic right listed by the “Copyright Act,” (Articles 23 through 35-2 and 101-3 through 101-5 of the “Copyright Act”) where a person does not unreasonably undermine an author's legitimate interest without conflicting with the normal exploitation of works, he or she is entitled to use such works (Subparagraph 1 of Article 35(5) of the “Copyright Act”).
- Reason for recognizing fair use of works
· There is a limit point in including all of the various circumstances with the restriction regulations of copyright listed by the existing “Copyright Act” according to the changes in the distribution environment and digitalization of works. Therefore, in addition to the restriction reasons of author's economic right listed restrictedly, comprehensive restriction regulations of author’s economic right that can actively respond to changes in environment has become necessary (page 32, “Interpretation of the Amended Copyright Act,” Korea Copyright Commission, 2012).
- Decision standard for fair use of works
· The fair use is determined by considering the four (4) matters below in addition to whether “a person does not unreasonably undermine an author's legitimate interest without conflicting with the normal exploitation of works” (Article 35-5(2) of the “Copyright Act”).
√ Purposes and characteristics of use
√ Types and purposes of works
√ Amount and substantiality of portion used in relation to the whole works
√ Effect of the use of works on the existing or potential market for the works or current or potential value thereof