Deals & Cases

Violation of the Copyright Act
Violation of the Copyright ActNon-referral (police)

A Copyright Violation Defense Case | Non-Referral for a Client Charged With Violation of the Copyright Act

The client, who became involved in a copyright violation case, had never illegally downloaded a film, but, facing a police investigation on charges of copyright violation, requested the assistance of a criminal law attorney.

1. The Client Charged With Copyright Violation

The client charged with copyright violation was at risk of receiving an actual custodial sentence, but, with the assistance of a criminal law attorney, received a non-referral decision and was able to avoid punishment.

Circumstances of the Case

While using a torrent, the client received contact from the police regarding the downloading of a film.

However, the client claimed unfairness, stating that, although the client had used a torrent, the client had no recollection whatsoever of having downloaded a film.

Nonetheless, the police treated the client as a subject of investigation based on IP address records, and, despite the absence of any fact of downloading a film, the client was facing a police investigation.

Accordingly, the client requested help in order to respond with the assistance of a criminal law attorney from the early stage of the case.

Circumstances of the Case of the Client Charged With Copyright Violation

2. Severity of Punishment for Copyright Violation

"Copyright violation" is a commonly used expression that, in legal terms, refers to a violation of the Copyright Act.

If, as in the client's alleged offense, an author's economic rights or property rights protected under the Copyright Act are infringed by means of reproduction, public performance, public transmission, exhibition, distribution, rental, or the creation of a derivative work, the following punishment may be imposed.

Copyright Act, Article 136

A person shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won, or both may be imposed concurrently.

Possibility of Civil Litigation

Whether the copyright was infringed intentionally or by mistake, the copyright holder may claim damages for the loss arising from the infringement.

In addition, beyond mere compensation, one may also be required to cease use of the work in question or to restore content already used to its original state.

Issues in the Case

The principal issues in this case were whether the client had in fact downloaded the film in question, and whether liability could be imposed based solely on IP address records.

Another important issue was whether the fact that the client had consistently accessed films through legitimate channels, such as theaters and OTT services, could establish the absence of any motive for illegal downloading.

3. Measures Taken to Assist the Client in the Copyright Violation Case

Preparation of assistance measures for the client in the copyright violation case

So that the client in the copyright violation case could obtain a non-referral decision, the criminal law attorney gathered evidentiary materials and presented the following argument.

The Client's Plea of Injustice

The client claims that, although he had used torrents for other reasons, he was not even aware of the film in question and had no recollection of downloading it.

In response, the criminal law attorney examined several possibilities.

- The case where the film in question was downloaded because it was mistaken for another file and executed

- The case where the film in question was embedded within a downloaded torrent folder, among others

Accordingly, the criminal law attorney made clear that the client himself was not aware of the film in question and had not intentionally downloaded it, and requested careful consideration so that the client would not receive an unjust disposition.

Awareness of the Violation of the Copyright Act

The client stated that he had consistently subscribed to official OTT services for several years and that, when watching films, he used only theaters or OTT platforms.

In response, the criminal law attorney submitted the actual subscription records as evidence and emphasized that, because the client had already accessed films through legitimate channels, he had no reason or motive whatsoever to download the film in question via torrent.

4. Result of Assisting the Client in the Copyright Violation Case: "Non-referral"

Non-referral as the result of assisting the client in the copyright violation case

As a result of assisting the client in the copyright violation case, the police issued a non-referral decision regarding the client.

The client expressed gratitude, stating that, thanks to the criminal law attorney, he was able to make his case of injustice heard.

Involved in a Copyright Violation Case?

If you become involved in a copyright violation case, you should first carefully verify the facts, such as download and upload records and IP usage history, and accurately determine whether any unlawful act occurred.

It is also necessary to secure records or materials of legitimate use in order to prepare to prove the absence of intent.

At this firm, criminal law attorneys with extensive experience in criminal matters such as copyright violations cooperate with our in-house evidence examination center to lawfully collect evidence and develop a response strategy.

If you are facing difficulties in a situation such as the above, please feel free to request assistance at any time through 🔗Legal Consultation Reservation.

저작권위반

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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