CONTENTS
- 1. Violation of the Copyright Act | Background of the Case
- - The Complainant's Arguments
- - The Client's Arguments
- - Need for Assistance in Handling the Settlement
- 2. Violation of the Copyright Act | Case Analysis
- - What Happens for Violation of the Copyright Act?
- 3. Violation of the Copyright Act | Substance of the Assistance
- 4. Violation of the Copyright Act | Concluded With Non-Referral After a Successful Settlement With the Distributor
1. Violation of the Copyright Act | Background of the Case
The client, who was booked on a charge of violating the Copyright Act, stated that the client had downloaded and viewed two films from an illegal torrent site.
However, after downloading and viewing the films through the illegal torrent site, the client unintentionally distributed the files and was thereby accused of a copyright violation.
Although the client argued that the files were deleted immediately after downloading, the complainant (the distributor) confirmed the copyright infringement by tracing the IP address and filed the complaint on that basis.
The attorney at Daeryun LLC closely analyzed the client's situation and sought to resolve the case through a settlement with the complainant.
The Complainant's Arguments
① Stated that the IP address had been traced to secure evidence of illegal distribution
② The complainant indicated a willingness to conclude the case through settlement if the client acknowledged the wrongdoing and promised to prevent recurrence
The Client's Arguments
① The client acknowledged that an illegal download had taken place through a torrent program
② The file was deleted immediately after the download
③ The client had no intent whatsoever to upload or distribute, and was not even aware that distribution had occurred
Need for Assistance in Handling the Settlement
🔗copyright infringement After reviewing the case, the attorney requested a discussion in order to ask the complainant's side about their intent to settle.
Fortunately, the complainant's side said they would withdraw the complaint if the client promised to prevent recurrence.
No matter how generously the complainant's side agreed to settle, the attorney advised that attempting a settlement recklessly without an attorney could worsen the situation, so it is necessary to approach the matter carefully with the assistance of an attorney.
We assisted in the following ways to bring about the client's settlement.
▷ Submission of a recurrence prevention plan
▷ Approaching the matter objectively from a third party's standpoint to resolve the case
As shown here, even if the complainant's side has an intent to settle, a reckless approach may instead result in civil liability for damages and can be harmful.
Rather than struggling alone, please resolve the matter with the assistance of a specialized attorney through a 🔗legal consultation appointment.
2. Violation of the Copyright Act | Case Analysis
The points at issue in the copyright violation case are as follows.
Point at issue | Details |
Whether there was copyright infringement | Whether the client's mere downloading of the film constitutes copyright infringement → Downloading itself may violate Article 136 of the Copyright Act |
Whether the file was deleted | The client asserts that he deleted the file immediately after downloading and that he never uploaded it |
No intent to distribute | He was not aware of the fact of distribution, and it was not an intentional distribution |
The attorney at law firm Daeryun judged that a non-prosecution disposition might be possible for the mere downloading of the illegal film.
It was necessary, however, to prove that the client had no intent regarding the fact that he distributed the film.
What Happens for Violation of the Copyright Act?
The complainant claimed that the client had violated Article 136 of the Copyright Act.
Under the Copyright Act, the penalties for copyright infringement are as follows.
Act | Penalty |
A person who infringes an author's economic rights by means of reproduction, public performance, broadcasting, exhibition, transmission, distribution, or preparation of a derivative work | Imprisonment for up to 5 years or a fine of up to 50 million won |
A person who imports an illegal reproduction for the purpose of domestic distribution A person who possesses an illegal reproduction for the purpose of distribution A person who, knowing an item to be an illegal reproduction, acquires it and uses it in the course of business | Imprisonment for up to 3 years or a fine of up to 30 million won |
This is 🔗defined as a crime requiring a complaint to prosecute under the Copyright Act, so prosecution is possible only if the copyright holder files a complaint.
However, where the copyright is infringed for profit or habitually, punishment is possible even without a complaint by the copyright holder, so caution is required.
3. Violation of the Copyright Act | Substance of the Assistance
To assist the client who violated the Copyright Act, the following arguments were made.
The client argued that, at the time of the unlawful download, he believed the file was provided for free, downloaded it only for personal use, and had no commercial purpose or intent to distribute.
The client emphasized that he deleted the file immediately after downloading, and that he did not intentionally reproduce or distribute the downloaded file.
The client highlighted that he had never faced legal problems or punishment in the past, that this was his first offense under the Copyright Act, and he resolved to comply with the law going forward.
In addition, the client studied the Copyright Act to build legal knowledge, promised never to make an unlawful download again, and set up a plan to prevent recurrence.
To facilitate a settlement with the complainant, the firm acted as a mediator and assisted in reaching a settlement through the submission of the client's letter of apology and plan to prevent recurrence.
4. Violation of the Copyright Act | Concluded With Non-Referral After a Successful Settlement With the Distributor
The attorney of Law Firm Daeryun, who took on the violation of the Copyright Act case, drew out an amicable settlement between the client and the distributor and ultimately concluded the matter with a non-referral.
The client resolved to take care so that no further legal problems related to 🔗violation of the Copyright Act would arise.
In this way, if you unintentionally infringe a copyright, you may face a 🔗copyright infringement lawsuit and suffer significant harm.
Without hesitation, please come to a Law Firm Daeryun attorney so that an amicable settlement can be drawn out.
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.
