Illegal copies that infringe copyright are collected, destructed, and deleted.
Collection, destruction, and deletion of illegal copies
- When the Minister of Culture, Sports and Tourism, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor and a Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu) finds out copies (excluding copies which are interactively transmitted through information and communication networks) that infringe on copyright or other rights protected pursuant to the “Copyright Act,” or tools, devices, information, and programs manufactured to circumvent technological protection measures for works, etc., he or she may have the relevant public officials collect, destroy, or delete them pursuant to the following procedures and methods (Article 133(1) of the “Copyright Act”).
Procedures for and methods of collection, destruction, and deletion
- The competent public official who collects, destructs, or deletes copies has to carry a certificate indicating the authority (Form 56 of Annex of the “Enforcement Decree of the Copyright Act”) and show it to the interested persons (Article 69(1) of the “Enforcement Decree of the Copyright Act” and Article 25 of the “Enforcement Rule of the Copyright Act”).
- Where the competent public official has collected, destructed, and deleted copies, he or she has to deliver a certificate of collection (Form 53 of Annex of the “Enforcement Rule of the Copyright Act”) to the possessor or occupier, and state the content in the book of collection, destruction and deletion (Article 69(2) of the “Enforcement Decree of the Copyright Act”).
- The illegal copies, etc. that have been collected may be destructed when three (3) months have passed since the date of collection, if the relevant party does not raise any objection (main text of Article 69(3) of the “Enforcement Decree of the Copyright Act”).
Organizations that can be entrusted with duties of collection, destruction, and deletion
- The Minister of Culture, Sports and Tourism may entrust the duties of collection, destruction, and deletion to the following organizations (Article 133(2) of the “Copyright Act” and Article 70(1) of the “Enforcement Decree of the Copyright Act”).
· Korea Copyright Protection Agency
· Other corporations and organizations that the Minister of Culture, Sports and Tourism recognizes to have the capability and qualifications for the duties of collection, destruction and deletion of illegal copies, etc.
Distributing illegal copies online can result in a warning or order for deletion, suspension of interactive transmission.
Warning and orders for deletion, suspension of interactive transmission
- Where a copy or information which infringes on copyright or other rights protected by the “Copyright Act” or a program or information (hereinafter referred to as "illegal copies, etc.") which circumvents technological protection measures is interactively transmitted through information and communications network, the Minister of Culture, Sports and Tourism may order, following deliberation by the Deliberation Committee, an online service provider to take the following measures (Article 133-2(1) of the “Copyright Act”).
· Warnings to reproducers or interactive transmitters of illegal reproductions, etc.
· Deletion or suspension of interactive transmission of illegal reproductions, etc.
Suspension order of repeated transmitter’s account
- Where any reproducer or interactive transmitter who receives warnings three (3) times or more interactively transmits illegal reproductions, etc., the Minister of Culture, Sports and Tourism may order, following deliberation by the Deliberation Committee, an online service provider to suspend an account (excluding an exclusive account for e-mail and including other accounts given by the relevant online service provider; hereinafter the same shall apply) of the relevant reproducer or interactive transmitter within a fixed period of up to six (6) months (Article 133-2(2) of the “Copyright Act”).
- An online service provider who has received should, seven (7) days before he or she suspends an account of the relevant reproducer or interactive transmitter, notify the relevant reproducer or interactive transmitter of the fact that the relevant account will be suspended (Article 133-2(3) of the “Copyright Act” and Article 72-3(2) of the “Enforcement Decree of the Copyright Act”).
· Accounts of the reproducer and interactive transmitter
· The fact that the reproducer and interactive transmitter have received warnings pursuant to Subparagraph 1 of Article 133-2 (1) of the “Copyright Act” three (3) times or more
· The fact that the reproducer and interactive transmitter has transmitted illegal copies, etc. after he or she received warnings pursuant to Subparagraph 1 of Article 133-2 (1) of the “Copyright Act” three (3) times or more
· Suspension period
Suspension order of bulletin board service
- Where a bulletin board for which orders pursuant to Paragraph 1(2) have been issued more than three (3) times from among bulletin boards (referring to bulletin boards providing commercial interests or convenience of use from among the bulletin boards) established in information and communications network of an online service provider is judged to seriously harm healthy use of copyright in the light of the form of the relevant bulletin board and the quantity and nature of copies posted, the Minister of Culture, Sports and Tourism may order, following deliberation by the Deliberation Committee, the online service provider to suspend the whole or part of the relevant bulletin board service within a fixed period not exceeding six (6) months (Article 133-2(4) of the "Copyright Act” and Article 72-4(3) of the “Enforcement Decree of the Copyright Act”).
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Number of suspension orders
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Suspension period of bulletin board service
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First suspension
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Less than one (1) month
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Second suspension
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At least one (1) month, less than three (3) months
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Third suspension
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At least three (3) months, less than six (6) months
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Suspension request of interactive transmission of copies regarding online service providers, etc.
Request for technical measures to block illegal transmission of work
- Any person who claims that his or her copyright and other rights protected by the “Copyright Act” are infringed (hereafter in this Article referred to as "claimant to a right") due to the reproduction or interactive transmission of works, etc. through the use of services by an online service provider (excluding cases under Subparagraph 1 of Article 102(1) of the “Copyright Act”) may demand the online service provider, by vindicating the said facts, to suspend the reproduction or interactive transmission of the works, etc. (Article 103(1) of the “Copyright Act”).
- The claimant to right has to attach the following documents to the request for suspension of interactive transmission of copies (including electronic document) and submit to the online service provider in order to request suspension of interactive transmission of copies (Article 103(7) of the “Copyright Act,” main text of Article 40(1) of the “Enforcement Decree of the Copyright Act,” Article 13 and Form 40 of Annex of the “Enforcement Rule of the Copyright Act”).
· Explanatory material relevant to any one of the following (including electronic document)
√ 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 title 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 request)
※ Provided, that if the claimant to right is a copyright trust service provider or if he or she has already submitted documents verifying that he or she was the holder of right regarding repetitive violations during the last one (1) year, he or she may submit a request only (proviso of Article 40(1) of the “Enforcement Decree of the Copyright Act”).
Online service provider's suspension of transmitting copies and notification
- Where an online service provider is requested to suspend the reproduction or interactive transmission, he or she should immediately suspend the reproduction or interactive transmission of such works, etc. and notify a claimant to the right of such fact (main text of Article 103(2) of the “Copyright Act”).
※ Provided, that an online service provider under Subparagraph 3 of Article 102(1) of the “Copyright Act” should also notify the reproducer or interactive transmitter of such works, etc. (proviso of Article 103(2) of the “Copyright Act”).
Duty to take technical measures of online service providers of special type
- “Online service provider of special type” refers to online service provider who aims principally at enabling interactive transmission of works, etc. using computers between other persons to send works, performances, phonograms, broadcast, or database (Article 104(1) of the “Copyright Act”).
- Online service providers of special type have to take necessary measures, such as technological measures, etc. that block illegal forwarding of the relevant work, etc. upon request from the holder of rights (Article 104(1) of the “Copyright Act” and Article 46(1) of the “Enforcement Decree of the Copyright Act”).
1. Technical measures capable of identifying the work, etc. by comparing the title, etc. and characteristics of work, etc.
2. Measures of limiting search or interactive transmission to block illegal interactive transmission of work, etc. that came to be recognized pursuant to the above
3. Where the illegal interactive transmitter of the relevant work, etc. is identifiable, the dispatch of warning sign wording to the interactive transmitter of the work, etc. requesting for the prohibition of infringement on the copyright
- The measures listed in 1 and 2 above should be taken immediately upon request of the holder of right (Article 46(2) of the “Enforcement Decree of the Copyright Act”).
- The Minister of Culture, Sports and Tourism entrusts the Korea Copyright Protection Agency with the duties of verifying through information and communications networks whether the necessary measures, such as technological measures (Article 46(3) of the “Enforcement Decree of the Copyright Act”).
- A person who has failed to take necessary measures (Article 104(1) of the “Copyright Act”) is punished by an administrative fine not exceeding 30 million won (Article 142(1) of the “Copyright Act”).