What punishment is imposed for a violation of the Copyright Act?

Hello. I am an attorney specializing in copyright.

If you have discovered a song similar to music you personally created, you can review whether there is a violation of the Copyright Act.

Copyright is the right that a creator holds over creative works such as poems, novels, music, and videos, and using them without permission constitutes copyright infringement.

In particular, if creative parts such as the chorus or hook of the music are similar, you can suspect the possibility of plagiarism rather than mere similarity.

In this case, the infringer may face not only civil damages but also criminal punishment of imprisonment for up to 5 years or a fine of up to 50 million won.

In addition, because the right arises at the same time as creation regardless of whether the copyright is registered, protection can be received regardless of registration.

To prove the fact of infringement, it is important to secure the similarity of the melody, rhythm, structure, and lyrics between the two songs, whether there was prior creation, and materials on the creative process.

If the current situation is similar enough to be suspected of plagiarism, please proceed with a civil and criminal response through the analysis of a copyright expert and the legal advice of an attorney specializing in copyright.

At Daeryun Law Firm, not only attorneys specializing in intellectual property law but also attorneys in various fields, such as criminal and civil attorneys, respond as one team to protect music copyright.

If you suspect charges of a violation of the Copyright Act and wish to file a complaint, please receive a legal consultation right away.