CONTENTS
- 1. The Client
- - The Client's Account
- 2. Copyright Violation Explained by a Copyright Attorney
- - What Is the Term of Protection?
- - Standards for a Copyright Violation and the Level of Punishment
- 3. A Copyright Attorney's Assistance for a Swift Resolution
- - The Client's Sincere Remorse and Confession
- - A Successful Settlement With the Victim
- 4. Result of the Copyright Attorney's Assistance: Matter Concluded With a Non-Referral
1. The Client
This is the account of a client who sought assistance with a copyright matter.
The client had received a call from the police asking him to appear for an investigation, and he was quite alarmed.
The attorney reassured the client, who had been startled, and worked to understand the case through a careful consultation.
The Client's Account
The client was quite alarmed by the unexpected call about a police investigation.
It turned out that the contact concerned a copyright violation involving movie videos he had uploaded to a webhard site several years earlier.
The client had uploaded them without realizing how serious it was, and because so much time had passed, he had forgotten about it entirely, which left him quite bewildered.
Having recently heard of heavy penalties imposed for copyright violations, he thought that he too might face severe punishment.
The client decided that he should obtain an attorney's assistance from the police investigation stage.
The client explained that, given the nature of his job, he could only make contact late at night, so there were not many law firms able to assist him.
He found Daeryun Law Firm, where consultations are available at any time, and he sought the assistance of the attorney.
2. Copyright Violation Explained by a Copyright Attorney
🔗Copyright and the acts that violate it are explained below.
Copyright refers to the rights that a creator holds in a ‘work,’ such as poetry, novels, music, art, films, plays, and computer programs.
Copyright may be sold or inherited, like real estate such as land, and it may also be lent to another person.
If a person uses another's work without permission, the copyright holder may claim civil damages against that person and may also seek criminal punishment of the infringer.
What Is the Term of Protection?
Under Article 39 of the Copyright Act, the term of copyright protection refers to the period during which the right to succeed to the copyright is protected after the author's death.
In general, the term of copyright protection is 70 years after the author's death, and once the copyright has expired, the work may be used freely without separate authorization.
Standards for a Copyright Violation and the Level of Punishment
This refers to using a work without the copyright holder's permission, except where the exercise of copyright is restricted by law, or using a work in a manner that infringes the author's moral rights.
This may be assessed by factors such as the purpose of the use, the type and intended use of the work, and the proportion and importance of the portion used.
A person who infringes the proprietary rights protected by law through reproduction, exhibition, distribution, rental, or the creation of derivative works may be punished by imprisonment for up to five years or a fine of up to 50 million won.
The greater the unlawful commercial gain obtained through the violation, the more the punishment may be aggravated.
3. A Copyright Attorney's Assistance for a Swift Resolution
The attorney advised that a violation of the Copyright Act is a crime not punishable against the victim's will, and devised a strategy to have the complaint withdrawn through a settlement with the complainant.
The Client's Sincere Remorse and Confession
The client, who was suspected of a violation of the Copyright Act, deeply showed remorse for having uploaded the files without realizing that he was infringing the victim's copyright.
The client also did not deny or attempt to conceal his wrongdoing, and he repeatedly offered sincere apologies while showing remorse.
The attorney presented this attitude on the client's behalf and requested leniency.
A Successful Settlement With the Victim
The attorney assisted in reaching a settlement with the victim.
The attorney conveyed the client's deep remorse and apology, and the victim accepted this and prepared a settlement agreement (a written withdrawal of the complaint) withdrawing the complaint against the client.
4. Result of the Copyright Attorney's Assistance: Matter Concluded With a Non-Referral
As a result of this assistance, the client received a non-referral decision and the matter was successfully concluded.
According to the 2024 Annual Report on Copyright Protection published by the Korea Copyright Protection Agency, among digital content, the rate of illegal use of films was the highest at 29%, followed by games, broadcasting, webtoons, and music.
As the scale of copyright infringement has grown alongside the recent development of the digital content market, punishment has been further strengthened.
It is difficult for an ordinary person without legal knowledge to properly understand the Copyright Act and to assert or defend his or her own rights.
For that reason, responding to a case with the assistance of an attorney can be helpful.
At Daeryun Law Firm, attorneys experienced in many copyright violation cases provide response strategies tailored to each client's case.
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.
