Copyright Attorney | Representing a Client Who Downloaded a Study Program Through an Unlawful Channel, "no-referral"

The copyright attorney's client was facing a police investigation on the ground that he had violated the Copyright Act, and to protect the client, the attorney examined the 🔗copyright law.

Copyright Act, Article 136 (Penal Provisions) (1) A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 50 million won, or both may be imposed concurrently.

1. A person who infringes an author's economic rights or other property rights protected under this Act (excluding the rights under Article 93) by means of reproduction, public performance, public transmission, exhibition, distribution, rental, or preparation of a derivative work

Because the copyright attorney's client had infringed the complainant's copyright in the study program, he was liable to be punished by imprisonment for not more than 5 years or by a fine not exceeding 50 million won.

The copyright attorney's client simply wanted to study and wished to download the program, but lacking the money, he used an unlawful channel; he had no intent whatsoever to infringe the copyright.

After downloading the program, he never passed it on to any third party, and he used it solely for his own study.

From this, it can be seen that the client used the program at issue solely for the purpose of study and never used it for any commercial purpose.

The copyright attorney's client feels deeply sorry toward the author of the program at issue, that is, the complainant.

Never having imagined that downloading a program for the purpose of studying alone would be such a serious offense, he feels apologetic for having caused harm to the copyright holder.

The copyright attorney's client wishes to make monetary compensation for the copyright infringement and hopes to reach a settlement.

Through the copyright attorney's handling of the settlement, the client received a no-referral decision from the police.

Because the complainant had withdrawn the complaint, the no-referral was decided on the ground that the complaint against the suspect was rejected,

and although the client had been placed at risk of punishment for having committed an unlawful act unknowingly, he was able to bring the case to a good conclusion because he sought the assistance of the copyright attorney.

If you are in difficulty due to a violation of the Copyright Act, please entrust your case to the Daeryun Law Firm.