CONTENTS
- 1. Copyright | Concept
- - Why Copyright Protection Matters for Companies
- 2. Copyright | Main Legal Issues and Risks
- - Scope of Protected Works
- - Penalties for Copyright Infringement
- 3. Copyright | Common Types of Copyright Disputes Faced by Companies
- - Corporate Measures for Preventing Copyright Risks
- - Checklist for Preventing Copyright Risks
1. Copyright | Concept
Copyright refers to the right that an author holds in a work expressing human thoughts, emotions, and the like.
This copyright is divided into moral rights of the author, which protect the author's honor and personal interests, and the author's economic rights, which protect the author's economic interests.
Copyright takes effect simultaneously with the creation of the work, and no procedure such as registration is required.
Copyright infringement is not limited to mere illegal copying; it also includes the act of publicly using a work or the like without the copyright holder's permission, and it is subject to criminal punishment on charges of violating the Copyright Act.
Because copyright is a right granted simultaneously with creation without a separate application or registration, greater care is required.
If a work possesses creativity and originality, copyright arises, and it may be protected for up to 70 years after the author's death .
Copyright arises simultaneously with the creation of the work, but carrying out a separate procedure to register the copyright can serve as material that may place one in a more favorable position in a later legal dispute.
If copyright has not been registered, the copyright holder must personally prove all facts, but if copyright is registered, a statutory presumption and enforceability against third parties arise, making straightforward proof of rights possible in various legal procedures such as a claim for damages.
Therefore, if you are a copyright holder or a corporate client who holds copyright, it is recommended that you obtain specific legal advice regarding copyright registration and its effect.
Why Copyright Protection Matters for Companies
Companies produce and use various creative works, such as advertising materials, website designs, content, promotional videos, and program code.
In this context, failing to secure copyright or infringing another person’s rights can give rise to serious legal disputes or damages issues.
In particular, for content-based companies and IT startups, the core asset of the business is often a copyrighted work, so copyright management becomes the company’s survival strategy.
2. Copyright | Main Legal Issues and Risks
The types and composition of copyright are as follows.
▶Moral Rights of the Author : These protect the personality of the creator and cannot be transferred. (Right of disclosure, right of attribution, right to integrity)
▶Author's Economic Rights : These are economic rights, including the right of reproduction, right of public performance, right of public transmission, right of exhibition, right of distribution, right of rental, and right to produce derivative works. They may be transferred through a contract, inheritance, or assignment.
Type of Work | Description |
|---|---|
Literary Works | Creative works expressed in language, such as novels, poems, papers, and various writings |
Musical Works | Creative works composed of musical compositions, melodies, lyrics, and the like, including sound recordings |
Artistic Works | Including visual expressions such as paintings, illustrations, photographs, and sculptures |
Cinematographic Works | Visual creative works with temporal continuity, such as films, dramas, YouTube videos, and animations |
Architectural Works | Structures with creativity among buildings or architectural design drawings |
Dramatic Works | Including performing arts such as dance, stage plays, and performances, with both the script and the stage composition subject to protection |
Photographic Works | Filming results with creativity, where photographs with artistry and direction rather than for mere recording purposes are subject to protection |
Computer Program Works | Code that performs a specific function or source code written as software, which is subject to protection |
Database Works | A collection of systematically arranged data, where a method of composition with creativity is subject to copyright protection |
Derivative Works | Creative works that translate, arrange, or adapt an existing work |
Scope of Protected Works
Various types of works are subject to copyright protection, including software code, UX/UI design, website content, video content, YouTube thumbnails, advertising copy, photographs, online lecture materials, and social media images.
However, an idea itself is not protected and must be realized in a concrete form of expression to receive protection.
Penalties for Copyright Infringement
The following acts that infringe copyright are subject to imprisonment for up to 5 years or a fine of up to 50 million won for violation of the Copyright Act.
For copyright infringement to be established, the following requirements must be met.
▶Existence of a work : It must be a creative work with originality and expressiveness
▶There must be a violation of an essential act of copyright, such as reproduction, public performance, exhibition, or distribution
The question of intent is distinguished between civil liability and criminal liability, and where there is intent or negligence, the likelihood of criminal punishment increases.
In practice, the determination is made by comprehensively considering the similarity of the content, whether the copyright holder has registered the right, and the user's awareness.
3. Copyright | Common Types of Copyright Disputes Faced by Companies
The following copyright disputes frequently arise in companies.
▶Unclear copyright ownership after outsourced content production
: Disputes arising because the party holding copyright is unclear due to inadequate contracts
▶Dual use by freelancers and external designers
: Cases in which the same content is resold to a third party, giving rise to legal liability
▶Unauthorized use of images and audio on social media and blogs
: Liability for damages from using another person's works for commercial purposes
▶Non-contractual reproduction and modification of internal content
: Infringement arising from modifying and reusing content without agreement with the creator
▶Unauthorized borrowing of elements regarded as works, such as UI/UX
: Cases in which a competitor's content is referenced or produced in a similar manner in an app or website
These types may lead to complaints by the copyright holder, civil and criminal liability, service suspension, and similar consequences, so the attribution of rights and use authorizations should be managed thoroughly from the outset.
Corporate Measures for Preventing Copyright Risks
▶Putting copyright contracts in writing
: For outsourced production and freelancer contracts, provisions on the attribution of copyright, whether derivative works may be created, the scope of use, and similar matters must be specified in writing.
▶Establishing a system for managing works
: Records of the use of works and the rights relationships should be kept and maintained, and an in-house content use guide should be established.
▶In-house training and policy operation
: It is advisable to conduct regular copyright training for all officers and employees and to designate a person in charge of copyright-related compliance.
▶Caution in using open source and images
: When using open-source software or commercial images, the license should be checked accurately, and whether commercial use is permitted should be clearly determined.
▶Copyright registration
1. Preparation of the registration application
Confirm what work is to be registered. For example, literature, music, fine art, photographs, video, and so on.
Organize copyright-related information such as the copyright holder, the date of creation, and the content of the creation.
Documents required: the application form, supporting materials evidencing creation, materials confirming payment of the fee, and similar items.
2. Submission of the copyright registration application
Submit the registration application to the Korea Copyright Commission either in person or online (through the copyright registration system).
The work file (for example, PDF, MP3, and the like) must be attached along with the input of related information.
3. Receipt and payment of the fee
After the application is completed, the fee is paid. The fee is set differently depending on the type of work and the scope of rights.
4. Examination and request for correction
The Commission reviews the content of the application, and if supplementation is needed, a request for correction is made.
When a correction is requested, the supplementary materials must be submitted within the prescribed period.
5. Completion of registration and issuance of the registration certificate
When the registration is completed, the work is entered in the ‘copyright register,’ and a copyright registration certificate is issued.
Thereafter, through the registration number and similar information, the copyright holder can prove that they are the rights holder if a dispute arises.
Checklist for Preventing Copyright Risks
| Review Item | Reviewed (Y/N) |
| Whether the outsourcing contract specifies copyright ownership and the right to create derivative works | |
| Whether a copyright assignment contract is concluded with content creators (employees, freelancers, and the like) | |
| Whether a license verification procedure exists when using internal content | |
| Whether the license conditions of open-source software are complied with | |
| Whether commercial content such as images, music, and video is used lawfully | |
| Whether guidelines exist for using third-party works when operating YouTube and social media | |
| Whether a system for content archiving and evidence of rights ownership is established | |
| Whether internal copyright registration is carried out for designs, code, manuals, and the like | |
| Whether similarity and infringement are reviewed when borrowing or parodying another company's content | |
| Whether company-wide copyright compliance training and a monitoring system are operated |
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