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Q
If I knowingly possess an illegally reproduced copy, can I be punished for a copyright infringement offense?
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Even if I know something is an illegally reproduced copy, can I be punished merely for having it? I sometimes download and watch movies or dramas, and I am worried that this might be a problem. I would like to know whether I can be punished for a copyright infringement offense in such a case. If anyone knows, I would appreciate an answer!
copyright infringement offense
Answer to Related Inquiry
Author: 박동일
Merely possessing it is not punishable.
For a copyright infringement offense to be established, the work must actually be used in ways such as reproducing, performing, publicly transmitting, exhibiting, distributing, or renting it, or creating a derivative work.
Therefore, merely possessing an illegally reproduced copy is not punishable as a copyright infringement offense.
In addition, where a person, without a commercial purpose, personally reproduces and uses a work within a limited scope such as the home, the「Copyright Act recognizes this as reproduction for private use.
However, the offense of possessing an illegally reproduced copy is established only where the possessor knows the copy is illegal and possesses it with the purpose of distribution.
Therefore, if there is no purpose of distribution, or if the person did not know it was illegal, it is not punishable.
However, if an intent to distribute or share is involved, caution is needed, and for an accurate assessment, it is safer to consult an attorney specializing in criminal cases.
You may wish to confirm the details relating to a copyright infringement offense through a consultation.
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