ENGLISH

- “Copyright infringement” refers to using works by means of infringing the character of author of using works without authorization from the copyright holder (refer to Ministry of Culture, Sports and Tourism website).

- Infringement of author’s economic right can be divided largely into illegal use and illicit use. In the event of illegal use of work, while complete reproduction can be determined as copyright infringement, determining the level of such can be very difficult for illicit use that is not identical but only partially similar to the work. Imitation of style and use of idea are not infringement of copyright, and only appropriation (plagiarism) of expression for is deemed as infringement of copyright (refer to page 74, “Music and Copyright,” Korea Copyright Commission, 2010).

- An act of “interactive transmission” takes place when uploading a purchased MP3 file to a blog or providing via streaming, the right regarding such transmission, or right to transmit work in public is a right granted to the copyright holder (refer to Article 18 of the “Copyright Act”).

- Using a purchased MP3 file on a blog through streaming falls into the category of interactive transmission, and it requires use authorization from the copyright holder and holder of neighboring right.

- The right to perform work publicly of music works belongs to the author (Article 17 of the “Copyright Act”).

- However, 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 (main text of Article 29(1) of the “Copyright Act”).

- A use authorization from the copyright holder is required, even if it's a non-profit performance, if there is any benefit in return regarding the performance for which the performers receive a general compensation (refer to the proviso of Article 29(1) of the Copyright Act).

- The right to reproduce music works belongs to the author (Article 16 of the “Copyright Act”).

- A “deep link or direct link” enables a user to directly view or listen to saves works on a website server by copying a URL of a work saved on a server of a website and hypertext tag information, pasting onto his or her blog post, and clicking such (page 140, “Music and Copyright,” Korea Copyright Commission, 2010).

- Therefore using music works by using deep link or direct link does not fall into the category of reproduction and transmission of music works (page 140, “Music and Copyright,” Korea Copyright Commission, 2010).

- A user may reproduce in private, without any commercial purposes, a music work already made public, within the limit of personal, family or the equivalent use (Article 30 of the “Copyright Act”).

- As uploading files utilizing P2P, webhard, etc. can cause a third party to access and download files without restriction, it is outside the scope of reproduction for personal use.

- The author holds the right to publicly transmit his or her work (Article 18 of the “Copyright Act”).

- In principle, authorization of the copyright holder is required to use all or part of another person’s work, and using a work without authorization from the copyright holder is not exempt from legal liability as infringement of copyright even if it is for non-profit purpose or the source is indicated (refer to Automatic Consultation System of Copyright, Korea Copyright Commission).

- Using music works for UCC production without authorization from the copyright holder is an infringement of copyright.

- In principle, authorization from the relevant copyright holder is required to use all or part of the work of another person (refer to Automatic Consultation System of Copyright, Korea Copyright Commission).

- Using even part of a music work without authorization as background music of an advertisement is an infringement of right of reproduction and right of broadcasting, which are music author’s economic rights.

- A “remake” refers to the reorganization of an original work (refer to Seoul Central District Court Decision 2009Gahap66124 Decided April 9, 2010).

- As producing a remake infringes the right of reproduction and right of integrity, authorization from the right holder is required (refer to Article 13 and Article 16 of the “Copyright Act”).

- “Plagiarism,” in terms of an ethical concept rather than a legal term, refers to using all of part of another's work as one's own creation without authorization and making the work public with one’s own name (refer to page 214, “Copyright Technical Terms 2016,” Korea Copyright Commission, 2016).

- While it is similar to copyright infringement in the aspect that it illegally uses another person’s work, it is not always identical. For example, plagiarizing an idea that cannot be protected as work by the “Copyright Act” or plagiarizing a work with the protection period extinguished is not a copyright infringement but falls into the category of plagiarism (refer to page 214, “Copyright Technical Terms 2016,” Korea Copyright Commission, 2016).

- There are cases that have a possibility of ethical condemnation even if they are not copyright infringement (refer to page 214, “Copyright Technical Terms 2016,” Korea Copyright Commission, 2016).

- The following requirements should be satisfied to be an infringement of copyright for musical works (refer to Suwon District Court Decision 2006Gahap8583 Decided October 20, 2006).

- In determining similarity in the comparison of musical works, consumers enjoying musical works should be used as criterion and elements of rhythm, chord, beat and tempo of the compared part should be considered as a whole with the focus on the melody expressed in the most concrete and original form in the musical works (refer to Suwon District Court Decision 2006Gahap8583 Decided October 20, 2006).