CONTENTS
- 1. Copyright Infringement | Circumstances of the Case
- 2. Copyright Infringement | Content of the Assistance
- - Establishing That, Although Circumstances of Distribution Existed, There Was No Active Intent
- - Detailed Analysis of the Investigation Materials and Construction of a Rebuttal Argument
- - Statement Strategy Before the Police Investigation and Accompaniment Assistance
- 3. Copyright Infringement | Outcome of Assistance
- - Punishment for Copyright Infringement: Elements and Severity of Penalty
- - What You Need Now Is Strategy and Assistance
1. Copyright Infringement | Circumstances of the Case
The client, who was facing a criminal investigation in a copyright infringement case, had downloaded a commercial film using a torrent program and had shared (uploaded) the file to others for a certain period.
The video was content that was duly registered for copyright, and the client downloaded it without the prior consent of the copyright holder and left the program running without taking any particular measures, thereby allowing it to be distributed to many people.
The problem was that, owing to the nature of torrents, downloading and uploading occur simultaneously, and the point that the client had substantially carried out an 'act of distribution' rather than mere possession was clearly contained in the complaint and the investigation records.
In the end, the copyright holder secured the client's IP address and upload records through a copyright protection specialist company and proceeded to file a criminal complaint on a charge of copyright infringement.
The investigative agency assessed the possibility of the crime being established as high, and the client, feeling anxious about the possibility of criminal punishment, promptly requested legal assistance from a copyright infringement attorney.
2. Copyright Infringement | Content of the Assistance
Given that circumstances of distribution detrimental to the client existed in the copyright infringement case, the copyright infringement attorney established an active defense strategy based on a detailed examination of the legal principles.
Establishing That, Although Circumstances of Distribution Existed, There Was No Active Intent
The copyright infringement attorney acknowledged the fact itself that the client had actually downloaded the file and that distribution had occurred because the program ran for a certain period, while emphasizing that the client had not actively intended such a result, nor repeated it for habitual or commercial purposes.
The client had simply used the program to watch a single film and had not even properly recognized that distribution could be subject to criminal punishment.
Detailed Analysis of the Investigation Materials and Construction of a Rebuttal Argument
The investigative agency assessed the client's conduct as 'copyright infringement' and secured the IP address, time stamps, file hash values, and other data, but the copyright infringement attorney analyzed point by point and rebutted that these materials could not be conclusively determined to constitute 'intentional distribution' or 'repeated infringement.'
In particular, the attorney also attached an expert opinion statement on the technical characteristics of torrents and their ordinary patterns of use.
Statement Strategy Before the Police Investigation and Accompaniment Assistance
So that the client would not make any statements detrimental to his position during the investigation, the copyright infringement attorney organized and provided an answer guide for anticipated questions in advance, and accompanied the client on the day of the investigation to assist in preventing any unnecessary confession or any statement that could give rise to misunderstanding when the protocol was prepared.
3. Copyright Infringement | Outcome of Assistance
In a copyright infringement case, the investigative authorities initially regarded the likelihood that the offense had been established as high. However, through the response of the copyright infringement attorney, intent and the purpose of profit were negated, and ultimately a disposition of ‘non-prosecution’ was rendered.
Punishment for Copyright Infringement: Elements and Severity of Penalty
For copyright infringement to result in criminal punishment, the following requirements must be satisfied.
Requirement | Explanation |
|---|---|
① The work must be one in which copyright is valid | The creative work must be recognized as eligible for copyright protection, and a legitimate rights holder must exist. |
② Substantial similarity to the original work must exist | The victim (complainant) must prove that the allegedly infringing work imitates the original work and that there is substantial similarity between the two works. |
③ There must be intent or the possibility of awareness | Punishment is possible only when it is proven that the infringer knew the work was eligible for copyright protection or was at least in a position to know. |
The following conduct is also regarded as ‘copyright infringement’
Type of Conduct | Explanation |
|---|---|
Unauthorized importation | Importing, for the purpose of distribution, goods that infringe domestic copyright. |
Possession of infringing items | Keeping or possessing infringing items for the purpose of distribution while knowing them to be infringing. |
Use in the course of business | Using, in the course of business, copies that infringe program copyright while aware of that fact. |
Use that harms reputation | Distorting and using a work in a manner that harms the reputation of the author. |
Article 136 of the Copyright Act
| Conduct falling under the following may be subject to imprisonment for up to five years or a fine of up to 50 million won, or both. |
What You Need Now Is Strategy and Assistance
Depending on the circumstances, a copyright infringement case may not be resolved through settlement alone.
If a legally appropriate response is not made from the police investigation stage, the matter may lead to criminal punishment and civil liability for damages, and even an inadvertent act of downloading or sharing carries the risk of escalating into an actual sentence of imprisonment or a fine.
If you wish to overcome the risk of punishment for copyright infringement, we encourage you to obtain assistance through a 🔗legal consultation appointment.
Daeryun, the ninth-ranked law firm in the Republic of Korea (based on 2025 value-added tax filings with the National Tax Service), supports the resolution of cases through the systematic strategy of legal specialists across multiple fields.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
