Deals & Cases

Violation of the Copyright Act
Violation of the Copyright ActNon-referral

Punishment for Copyright Infringement | Violation of the Copyright Act through Illegal Torrent Downloading Results in a 'Non-Referral' Decision

Punishment for copyright infringement can be determined strictly even for a mere act of downloading, so a legal response by a copyright specialist attorney at the early investigation stage is more important than anything else.

1. Why Punishment for Copyright Infringement Is Dangerous

Punishment for copyright infringement is a serious crime that can result in imprisonment for up to 5 years or a fine of up to 50 million won, even for the simple use or downloading of a file.

The problem is that many people become the subject of an investigation without even being aware that their conduct is subject to punishment.

Before the matter develops into criminal liability, an accurate legal assessment of and response to a case involving punishment for copyright infringement is essential.

Details of the Client's Case Involving Violation of the Copyright Act

The client, who faced the risk of punishment for copyright infringement, received a request to appear from the police on suspicion of violating the Copyright Act in connection with having downloaded a particular movie file through a torrent program in the past.

The client had no intention of using or distributing the file commercially, was not even clearly aware of the exact time of the download or whether the file had been shared, and was entirely unaware that copyright infringement could develop into a criminal matter.

However, the investigative agency identified the client as a suspect in the copyright infringement based on the IP records and torrent usage history submitted by the copyright holder and proceeded with its investigation, and the client requested legal assistance amid anxiety that the matter could potentially lead to criminal punishment.

Details of the case of a client facing the risk of punishment for copyright infringement

2. Assistance from an Intellectual Property Rights Specialist Attorney to Defend against Punishment for Copyright Infringement

To defend against punishment for copyright infringement, the intellectual property rights specialist attorney provided assistance as follows.

Clarifying the Distinction between 'Mere Use' and an 'Infringing Act'

The intellectual property rights specialist attorney first organized, on legal grounds, the extent to which the act of using a torrent constitutes copyright infringement.

The attorney emphasized that, although a torrent may, by its technical nature, involve uploading simultaneously with downloading, it cannot be definitively concluded that every user had the intent to infringe copyright or awareness of such infringement.

Active Demonstration of the Absence of Intent and Commercial Purpose

The intellectual property rights specialist attorney emphasized that there were no circumstances indicating that the client had used the file for a commercial purpose or had repeatedly shared numerous works.

In addition, the attorney systematically organized and submitted, through the investigation records and statements, the fact that the client was a first-time offender and that the use was a one-time occurrence.

Review of the Credibility and Scope of the Evidence

The intellectual property rights specialist attorney closely reviewed whether the IP address, time records, and file hash values secured by the investigative agency were sufficient as evidence to directly prove the client's actual infringing act.

In particular, the attorney logically explained, based on grounds such as the distinction between access records and the actual act of sharing, that it was difficult to definitively conclude that the crime had been established.

3. Result of the Case Involving Punishment for Copyright Infringement

Result of the case involving punishment for copyright infringement

On the grounds that it was difficult to find that the crime was established and that the intent and degree of infringement were not clearly proven, the investigative agency issued a non-referral (no suspicion of crime) decision on the client's suspected violation of the Copyright Act.

This was a result made possible by the assistance of the intellectual property rights specialist attorney at the early investigation stage.

The Concept of Copyright and the Subject of Protection

Copyright refers to the exclusive right of use that a creator holds over creative works such as literature, music, video, film, and programs.

Copyright arises at the moment of creation, regardless of whether it is registered, and using a work without the permission of the rights holder may give rise to civil and criminal liability.

Types of Copyright Infringement Acts

The types of acts that may be subject to punishment for copyright infringement are as follows.

① Unauthorized reproduction The act of copying or downloading a work without permission

② Unauthorized distribution and transmission The act of sharing a file with others or uploading it online

③ Public transmission The act of making a work available for transmission through streaming, web storage, maintaining a torrent seed, and the like

④ Use for a commercial purpose The act of using a work for the purpose of generating revenue (a ground for aggravated punishment)

In the event of a violation of the Copyright Act, imprisonment for up to 5 years or a fine of up to 50 million won is imposed, and where there is a commercial purpose or habitual conduct, a heavier punishment may be imposed.

However, the disposition varies greatly depending on the case, according to factors such as intent, the scope of the infringement, whether the person is a first-time offender, and whether a settlement has been reached.

Because a torrent is structured so that, at the same time as a file is downloaded, part of the file is transmitted to other users, even a simple download may constitute 'transmission' and become an issue as copyright infringement.

In particular, whether the user used the file despite being aware of this and whether sharing actually took place become the core issues of the investigation.

4. How to Respond to a Police Investigation into Punishment for Copyright Infringement

Stage

Response Point

Before the request to appear

Consult an attorney immediately, and refrain from making voluntary statements

Early stage of the investigation

Statements centered on the absence of intent and commercial purpose

Review of the evidence

Review of the accuracy of the IP and access records

Disposition stage

Active demonstration of the possibility of a non-referral or suspension of indictment

Daeryun Law Firm's One-Stop Response Assistance

Arising from torrent use, copyright infringement is a crime requiring a complaint to prosecute, so the punishment process can proceed only if there is a complaint from the rights holder.

Therefore, at the early investigation stage, having the complaint withdrawn through a prompt settlement can also be an important response strategy.

In this process, the attorney provides practical assistance with the overall settlement procedure, from negotiating the settlement terms with the copyright holder to preparing the settlement agreement and submitting it to the investigative agency.

Drawing on its experience in defending against punishment for copyright infringement, the intellectual property rights specialist attorney at Daeryun Law Firm provides the following one-stop legal services.

  • Preliminary assessment of whether copyright infringement applies
  • Legal analysis of the structure of torrent use
  • Accompaniment during the police investigation and establishment of a statement strategy
  • Organization of materials on the absence of intent and commercial purpose
  • Establishment of a strategy aimed at a non-referral or non-prosecution
  • Handling of the settlement on the client's behalf and preparation of a strategy

In such a case, the 'early response' determines the result.

It is not uncommon for an act treated lightly to lead to the status of a criminal suspect.

If you have become the subject of an investigation for a copyright violation, accurately defining the scope of legal liability from the outset, through the assistance of an intellectual property rights specialist attorney, is the safest response.

If you need help with a related matter, please proceed with a 🔗legal consultation reservation now.

저작권침해처벌 | 토렌트 불법 다운로드로 인한 저작권법위반 혐의 ‘불송치’

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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