Please tell me representative examples of copyright infringement cases.

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My mother has ALS and hasn't been able to communicate normally for over 5 years. Recently, I needed her resident registration certificate, and I found out my mother is registered as married to an unfamiliar man? I actually know him — he used to date my mother and they broke up. He seems to have filed the marriage registration taking advantage of my mother's worsening condition, aiming for her real estate and savings. Can I file a marriage nullification lawsuit? I'm also wondering about the difference between marriage nullification and marriage annulment lawsuits.

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作者: 고병준

Hello. This is a copyright attorney at Daeryun Law Firm (LLC). You inquired about copyright infringement cases.

According to Article 30 of the Copyright Act, if a published work is used for non-profit purposes, personally, or within a limited scope, it does not constitute copyright infringement.

However, if such works are distributed, or used through methods such as performance or public transmission, copyright infringement may be established.

In simple terms, copying part of a book in a library for study purposes may be permitted, but copying it and distributing it to others may constitute a copyright infringement case.

Also, not all personal uses are permitted.

The Supreme Court ruled, "If the user had implicit recognition that the work infringed copyright, such use is not legitimate." (Seoul Central District Court Ruling dated August 5, 2008, Case No. 2008Kahap968)

Therefore, even if you downloaded an illegal movie file and used it personally, if you knew that the file infringed copyright, it can be a violation of copyright law.

Meanwhile, Article 124 of the Copyright Act stipulates acts considered as copyright infringement.

First, import of copyright infringement materials.

The act of importing items that may constitute copyright infringement in the Republic of Korea for distribution purposes may be considered copyright infringement.

Second, possession and distribution of copyright infringement materials.

If you possess items knowing that they are made by infringing copyright with the intent to distribute them, this is judged as a copyright infringement act.

Lastly, using illegal programs in business.

The act of using copies known to be illegally copied programs in company business constitutes copyright infringement.

As such, if you have infringed copyright through methods such as copying, performance, public transmission, etc., you may be subject to imprisonment of up to 5 years or a fine of up to 50 million won, so you must be more careful with the use of copyrighted works.