Copyright Attorney | Copyright Violation From Uploading Videos Concluded With a Non-Referral

The client was quite alarmed by the unexpected call about a police investigation.

It turned out that the contact concerned a copyright violation involving movie videos he had uploaded to a webhard site several years earlier.

The client had uploaded them without realizing how serious it was, and because so much time had passed, he had forgotten about it entirely, which left him quite bewildered.

Having recently heard of heavy penalties imposed for copyright violations, he thought that he too might face severe punishment.

The client decided that he should obtain an attorney's assistance from the police investigation stage.

The client explained that, given the nature of his job, he could only make contact late at night, so there were not many law firms able to assist him.

He found Daeryun Law Firm, where consultations are available at any time, and he sought the assistance of the attorney.

Under Article 39 of the Copyright Act, the term of copyright protection refers to the period during which the right to succeed to the copyright is protected after the author's death.

In general, the term of copyright protection is 70 years after the author's death, and once the copyright has expired, the work may be used freely without separate authorization.

This refers to using a work without the copyright holder's permission, except where the exercise of copyright is restricted by law, or using a work in a manner that infringes the author's moral rights.

This may be assessed by factors such as the purpose of the use, the type and intended use of the work, and the proportion and importance of the portion used.

A person who infringes the proprietary rights protected by law through reproduction, exhibition, distribution, rental, or the creation of derivative works may be punished by imprisonment for up to five years or a fine of up to 50 million won.

The greater the unlawful commercial gain obtained through the violation, the more the punishment may be aggravated.

The client, who was suspected of a violation of the Copyright Act, deeply showed remorse for having uploaded the files without realizing that he was infringing the victim's copyright.

The client also did not deny or attempt to conceal his wrongdoing, and he repeatedly offered sincere apologies while showing remorse.

The attorney presented this attitude on the client's behalf and requested leniency.

The attorney assisted in reaching a settlement with the victim.

The attorney conveyed the client's deep remorse and apology, and the victim accepted this and prepared a settlement agreement (a written withdrawal of the complaint) withdrawing the complaint against the client.