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Using Music Works
Violation of the “Copyright Act” due to negligence and attempt of violation
Criminal negligence and criminal attempt in criminal punishment pursuant to the “Copyright Act”- The general provisions of the “Criminal Act” apply to the crimes prescribed by the “Copyright Act” (main text of Article 8 of the “Criminal Act”).
- As there is no special regulation regarding punishment for criminal negligence of the “Copyright Act,” violation of the “Copyright Act” due to negligence is not punished (Article 14 of the “Criminal Act”).
- As there is no special regulation regarding punishment for criminal attempt of the “Copyright Act,” violation of the “Copyright Act” due to criminal attempt is not punished (Article 29 of the “Criminal Act”).
Penalty provisions regarding violation of the “Copyright Act” Penalty Provisions- Any person who falls under any of the following subparagraphs may be punished by imprisonment with labor up to five (5) years or by a fine of up to 50 million won, or may be punished by both (Article 136(1) of the “Copyright Act”).
· A person who infringes on author’s economic right or other property rights protected by the "Copyright Act” (excluding the rights under Article 93 of the “Criminal Act”) by means of reproduction, performance, public transmission, exhibition, distribution, rental, or production of derivative works
· A person who violates the court order under Article 129-3 (1) of the "Copyright Act” without good cause
- Any person who falls under any of the following subparagraphs may be punished by imprisonment with labor up to three (3) years or by a fine of up to 30 million won, or may be punished by both (Article 136(2) of the “Copyright Act”).
· A person who defames the honor of author by infringing on author's moral rights
· A person who files for false registration of copyright or registration of change of copyright (Article 53, Article 54 of the “Copyright Act”)
· A person who infringes on the right of a database producer by means of reproduction, distribution, broadcasting or interactive transmission
· A person that has received information of copy sender and used the information for purpose (Article 103-3(4) of the “Copyright Act”) other than that claimed
· A person who violates Article 104-2 (1) or (2) of the “Copyright Act” for his or her own business or for profit
· A person who violates Article 104-3 (1) of the “Copyright Act” for his or her own business or for profit (provided, that a person who, by negligence, has not known that such act causes or conceals the infringement of copyright or other rights protected pursuant to the “Copyright Act” shall be excluded therefrom)
· A person who commits an act falling under Subparagraph 1 or Subparagraph 2 of Article 104-4 of the “Copyright Act”
· A person who violates Article 104-5 of the “Copyright Act”
· A person who violates Article 104-7 of the “Copyright Act”
· A person who commits an act deemed a following infringement (Article 124(1) of the “Copyright Act”)
√ The importation into the Republic of Korea, for the purpose of distribution therein of goods made by an act which would infringe on copyright if they were made within the Republic of Korea at the time of such importation
√ The possession, for the purpose of distribution, of goods produced by an act that constitutes an infringement on copyright (including those imported above) with the knowledge of such infringement
- Any person who falls under any of the following may be punished by imprisonment with labor up to five (1) years or by a fine of up to 1 million won (Article 137 of the “Copyright Act”).
· A person who makes a work public under the real name or pseudonym of a person other than the author
· A person who publicly performs or publicly transmits a performance, or distributes copies of performance under the real name or pseudonym of a person other than the performer
· A person that uses the work of a deceased author and commits an act that would be an infringement of author’s moral right if the author was alive (Article 14(2) of the “Copyright Act”)
· A person that commits an act of listening to or viewing or publicly transmitting to other persons by receiving encrypted broadcasting signals, upon knowing that such signals have been decoded without consent of a broadcasting organization (Subparagraph 3 of Article 104-4 of the “Copyright Act”)
· A person who records cinematographic works protected by copyright at a movie theater, etc. screening such works with a recording device without consent of the holder of author's economic right, or publicly transmits such works (Article 104-6 of the “Copyright Act”)
· A person who engaged in copyright trust service without approval (Article 105(1) of the “Copyright Act”)
· A person who uses work by defaming the author (Article 124(2) of the “Copyright Act”)
· A person who interferes with the affairs of the online service provider by intentionally requesting suspension of sending copy (Article 103(1) of the “Copyright Act”) with awareness that he or she does not have justifiable right or request resumption of sending copy (Article 103(3) of the "Copyright Act”)
· A person fulfilling affairs of registering copyright (regulations of Article 53 through Article 55, Article 55-2 through Article 55-5 of the “Copyright Act”) and person that has worked in a position fulfilling such, and leaks a secret acquired for work to another person
Penal provisions for violating user's duty to indicate source of work- A person that violates the user’s duty to indicate source of work (Article 37 of the “Copyright Act”) is subject to no more than a fine of 5 million won (Subparagraph 2 of Article 138 of the “Copyright Act”).
Confiscation as a result of infringement of copyright- Among copies made by infringing on copyright or other rights protected pursuant to this Act and tools and materials mainly used to produce such copies, which are owned by the infringing person, printer, distributor or public performer are confiscated (Article 139 of the "Copyright Act”).
Complaints Offense subject to complaint- The crimes prescribed by the above penal provisions (Article 136, Article 137, and Article 138 of the “Copyright Act”) are prosecuted only when the injured party has made a complaint (main text of Article 140 of the “Copyright Act”).
Offense indictable without complaint- Provided, that in cases falling under any one of the following, prosecution can be made even without a complaint (proviso of Article 140 of the “Copyright Act”).
· Where an act relevant to any one of the following has been committed habitually for profit-making
√ A person who infringes on author’s economic right or other property rights protected by the "Copyright Act” (excluding the rights under Article 93 of the “Criminal Act”) by means of reproduction, performance, public transmission, exhibition, distribution, rental, or production of derivative works
√ A person who infringes on the right of a database producer protected pursuant to Article 93 of the “Copyright Act” by means of reproduction, distribution, broadcasting or interactive transmission
√ A person who commits an infringement pursuant to Article 124(1) of the “Copyright Act”
√ A person who has acquired a copy of a program made by infringing the copyright of a program (including imported goods pursuant to Subparagraph 1 of Article 124 of the “Copyright Act”) and uses such for work with awareness of such fact (cannot be punished against the indicated intention of victim)
· A person who falsely registers copyright (Subparagraph 2 of Article 136(2) of the “Copyright Act”)
· Cases of Subparagraph 3-2 through Subparagraph 3-7 of Article 136(2), Subparagraph 1 through Subparagraph 4, Subparagraph 6, Subparagraph 7 of Article 137(1), Subparagraph 5 of Article 138 of the “Copyright Act”
Complaint period- In respect to the offenses subject to prosecution on complaint, no criminal complaint can be made after the lapse of six (6) months from the date on which the identity of the offender becomes known (main text of Article 230(1) of the “Criminal Procedure Act”).
※ Provided, that when reasons due to force majeure prevent the filing of a criminal complaint, the period is computed from the date on which such reasons have ceased to exist (proviso of Article 230(1) of the “Criminal Procedure Act”).
Joint penalty provisions Joint penalty provisions- If a representative of a legal person, or an agent, employee or other employed persons of a legal person or an individual has committed a crime of Article 136 of the “Copyright Act,” Article 137 of the “Copyright Act,” Article 138 of the “Copyright Act” with respect to the affairs of the legal person or the individual, the fine prescribed under the relevant Articles is imposed on such a legal person or an individual in addition to the punishment of the offender (main text of Article 141 of the “Copyright Act”).
- Provided, that where a legal person or an individual has not neglected to pay reasonable attention to and supervise the relevant affairs in order to prevent such an offense, the same does not apply (proviso of Article 141 of the “Copyright Act”).
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