Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Will I be punished for a copyright offense requiring a complaint?

Recently, a friend offered to lend me a lecture textbook, so I scanned the book and made it into a PDF file. Because the textbook was quite expensive, I thought other classmates would need it too, so I posted a sale listing on the on-campus secondhand trading platform, and sales actually took place several times. However, a few days ago, I received notice that the textbook publisher had filed a complaint against me for a copyright offense requiring a complaint, and I was also instructed to appear for a police investigation. I have an important exam coming up and hope the case will not drag on, so is there any way to avoid punishment for the copyright offense requiring a complaint or to conclude the case early?

Answer to Related Inquiry

Author: 김국일

Hello. I am an intellectual property attorney at Daeryun Law LLC.

In the situation you described, if the publisher has filed a complaint for an act of violating the Copyright Act, it is common for a police investigation to be commenced.

The important point you should first know is that a copyright violation case is a crime requiring a complaint to prosecute.

A copyright offense requiring a complaint means a crime among copyright violation cases in which an investigation is commenced and punishment is possible only when there is a complaint by the victim.

In other words, it is a structure in which, if the copyright holder does not file a complaint, punishment is not possible, and even if a complaint has been filed, punishment becomes impossible if the victim later withdraws the complaint.

Therefore, in copyright violation cases, whether a settlement is reached often determines the direction of the case.

In other words, if the publisher, as the victim, withdraws the complaint, the investigation procedure itself may be terminated.

To conclude a copyright offense requiring a complaint quickly, a settlement with the publisher is, above all, the key.

The direction of response is as follows.

1. Acknowledging the offense and showing remorse: It is important to return the profits obtained from the illegal sales and to submit a handwritten letter of apology and a pledge to prevent recurrence.

2. Measures to restore the harm: You can return the amount from the sales and pay the publisher a settlement amount in the nature of compensation for the harm.

3. Settlement representation: An attorney directly contacts the publisher and negotiates the conditions necessary for withdrawal of the complaint.

4. Responding to the investigative authorities: In the police investigation, rather than hiding or denying the offense, a strategy of showing an attitude of remorse while emphasizing the willingness to restore the harm is needed.

A copyright violation is a matter in which, even for a first-time offender, imprisonment for up to 5 years or a fine not exceeding 50 million won may be imposed.

However, in a copyright offense requiring a complaint, if a settlement with the victim is reached, a relatively swift conclusion of the case, such as non-referral, is possible.

If you currently have an important exam coming up, rather than agonizing alone, we recommend that you promptly obtain the assistance of an intellectual property attorney and pursue a settlement.