- Article 1 (Purpose)
- Article2 (Types of Specialized Sports Facilities)
- Article 3 (Content of Public Notification)
- Article 4 (Application for Approval of Exploitation of Works, etc.)
- Article 5 (Public Notice of Deposit of Remuneration)
- Article 6 (Application for Registration)
- Article 6-2 (Management and Reproduction, etc. of Copies)
- Article 7 (Copyright Register, etc.)
- Article 8 (Registration Certificate)
- Article 9 (Registration Application for Modification, etc. and Registration Application Withdrawal Form)
- Article 10 (Perusal, etc. of Register)
- Article 10-2 (Treatment, etc. of Registration Affairs through the Computer-based Information Processing System)
- Article 11 (Designation Application for Authentication Agency, etc.)
- Article 12 (Authentication Application, etc.)
- Article 13 (Request Form for Suspension of Reproduction and/or Transmission)
- Article 14 (Notice of Suspension of Reproduction and/or Transmission)
- Article 15 (Request Form for Resumption of Reproduction and/or Transmission)
- Article 16 (Notice of Resumption of Reproduction and/or Transmission)
- Article 17 (Request Form for Technological Measures, etc. to Online Service Provider of Special Type)
- Article 18 (Permission Application, etc. for Copyright Trust Services)
- Article 19 (Report, etc. of Copyright Agency or Brokerage Services)
- Article 20 (Report)
- Article 21 (Notice of Payment)
- Article 22 (Imposition and Collection Ledger of Penalty Surcharge)
- Article 23 (Fees)
- Article 24 (Certificate of Collection, etc.)
- Article 25 (Identification Verifying Authority)
- Article 26 (Order, etc. of Deletion or Suspension of Transmission, etc.)
- Article 27 (Preparation and Custody of Documents)
- Article 28 (Written Pledge for Donation of Author’s Property Rights, etc.)
- Article 29 (Management Ledger of Donated Author’s Property Rights, etc.)
- Article 30 (Appointment Application for Management Organization)
- Article 31 Deleted
- ADDENDA
- ADDENDA
- ADDENDA
ENFORCEMENT RULE OF THE COPYRIGHT ACT
[Enforced on July 24, 2009]
[Amended by Ordinance of the Ministry of Culture, Sports and Tourism No.37, July 24, 2009]
Ministry of Culture, Sports and Tourism (Copyright Policy Department) 02-3704-9472
Article 1 (Purpose) The purpose of this Rule is to provide for the matters delegated by the Copyright Act, the Enforcement Decree of the same Act, and the matters necessary for the enforcement thereof.
Article2 (Types of Specialized Sports Facilities) The term "specialized sports facilities prescribed by ordinance of the Ministry of Culture, Sports and Tourism” in subparagraph 3 of Article 11 of the Enforcement Decree of the Copyright Act (hereinafter referred to as “the Decree”) means the stadium and gymnasium among the facilities specified in subparagraph 1 of the attached Table 1 of the Enforcement Rule of the Installation and Utilization of Sports Facilities Act and the playground and gymnasium among the facilities specified in subparagraph 2 of the same Table. <Amended on March 6, 2008>
Article 3 (Content of Public Notification) The matters in the following subparagraphs shall be included in the public notification in relation to the inquiry, etc. in subparagraph 2 of Article 18 of the Decree:
1. Intention of finding an owner of author’s property rights;
2. Name, title, domicile, or residence, etc. of the owner of author’s property rights (limited to the case where they are known);
3. Title of works;
4. Name (real name or pseudonym) of the owner of author’s property rights indicated in the public notification;
5. A person who has published or publicly announced works;
6. Purpose of exploitation of works;
7. Materials such as a picture cover of copies (where available); and
8. Name and contact information of the person who made public notification.
Article 4 (Application for Approval of Exploitation of Works, etc.) A person who desires to obtain approval pursuant to Article 19 of the Decree shall submit to the Minister of Culture, Sports and Tourism an approval application for exploitation in Appendix Form No. 1 with the documents specified in the following subparagraph attached: <Amended on March 6, 2008>
1. A detailed statement for the application for approval of exploitation in Appendix Form No.2 (If the form and content of works, performance, broadcast, or database are not clear, a sample, drawing or picture thereof shall be attached.);
2. Details of calculation of remuneration;
3. Document proving that the works, etc. concerned have been published;
4. Document proving that the owner of author’s property rights, the owner of neighboring rights, or the database producer, or the domicile thereof are unknown (limited to the case where the application for approval is made for the aforementioned reason);
5. Document indicating the progress of consultation (limited to the case where the application for approval is made due to failure of consultation); and
6. Document proving that the phonogram concerned has been on sale in Korea for at least three years [limited to the case where the application for approval is made in accordance with Articles 52 and 89 of the Copyright Act (hereinafter referred to as "the Act").]
Article 5 (Public Notice of Deposit of Remuneration) A person who intends to publicly notify the fact of deposit of remuneration pursuant to Article 23 (4) of the Decree shall post the matters in the following subparagraphs in general daily newspapers of nationwide circulation registered pursuant to Article 12 (1) of the Act on the Guarantee of Freedom and Functions of Newspapers, etc., or on websites of the Ministry of Culture, Sports and Tourism and the Korea Copyright Commission (hereinafter referred to as "the Commission") pursuant to Article 112 of the Act: <Amended on March 6, 2008; July 24, 2009>
1. Title of works (If unavailable, the content thereof shall be summarized.);
2. Name of the author and the owner of author’s property rights (If unknown, the meaning of works, etc. shall be specified.);
3. Content of exploitation of works;
4. Amount deposited;
5. Name and location of the depository;
6. Reason for deposit; and
7. Address and name of the user of works.
Article 6 (Application for Registration) (1) A person who intends to register copyrights (including publication rights, neighboring rights, rights of database producers, exclusive publication rights of copyrighted computer programs that apply mutatis mutandis in Articles 63 (3), 90, 98, and 101-6 (6)) pursuant to Article 26 (1) of the Decree shall submit a registration application and the detailed statement thereof set forth in the following subparagraphs: <Amended on July 24, 2009>
1. Registration of copyrights, etc.
(a) Registration of copyrights: Copyright Registration Application in the form of Appendix Form No.3 [in the case of copyrighted computer programs (hereinafter referred to as "programs"), Programs Registration Application in the form of Appendix Form No.3-2], and Detailed Statement of Copyright Registration Application in the form of Appendix Form No.4 Form (in the case of programs, Overview Of Programs in the form of Appendix Form No.4-2)
(b) Deleted. <July 24, 2009>
(c) Registration of neighboring rights: Neighboring Rights Registration Application in the form of Appendix Form No.7, Detailed Statement of application for Neighboring Rights Registration Application (performance) in the form of Appendix Form No.8, Detailed Statement of Neighboring Rights Registration Application (phonogram) in the form of Appendix Form No.9, or Detailed Statement of Neighboring Rights Registration Application (broadcast) in the form of Appendix Form No.10; or
(d) Registration of database producer rights: Database Producer Rights Registration Application in the form of Appendix Form No.11, and Detailed Statement of Database Producer Rights Registration Application in the form of Appendix Form No.12.
2. Registration of change of rights, etc.
(a) Registration of change of author’s property rights and publication rights: Registration Application in the form of Appendix Form No.5 (in the case of registration of change of copyright of programs including exclusive publication rights of programs, Registration Application in the form of Appendix Form No.5-2), and Detailed Statement of Registration Application in the form of Appendix Form No.6 (in the case of unregistered programs, Overview Of Programs in the form of Appendix Form No.4-2)
(b) Registration of change of neighboring rights: Registration Application in the form of Appendix Form No.13, and Detailed Statement of Application for Change of Neighboring Rights (performance) in the form of Appendix Form No.14, Detailed Statement of Application for Change of Neighboring Rights (phonogram) in the form of Appendix Form No.15, or Detailed Statement of Application for Change of Neighboring Rights (broadcast) in the form of Appendix Form No.16.
(c) Registration of change of database producer rights: Registration Application in the form of Appendix Form No.17, and Detailed Statement of Application for Change of Database Producer Rights in the form of Appendix Form No.18.
(2) The registration application under paragraph (1) shall have the documents in the following subparagraphs attached: <Amended on July 24, 2009>
1. Copies subject to registration, or documents such as drawings or pictures indicating the content thereof, or electronic recording medium;
2. Documents attesting to reasons for registration (limited to the case where the content of registration requires proof);
3. List in the form of Appendix Form No.19 in cases where there exist two or more authors, owners of neighboring rights, database producers, heirs, obligees of registration, or obligors of registration;
4. List in the form of Appendix Form No.20 in cases where works, works subject to neighboring rights, or databases are registered on a large scale;
5. If a consent or permission from a third party with respect to reasons for registration is required, documents attesting such;
6. Documents attesting that the applicant is an obligee of registration or an obligor of registration (if an agent applies for registration, a document attesting the applicant is an agent shall be included); and
7. A written consent of an obligor of registration (limited to the case where an obligee of registration solely makes an application pursuant to the proviso of Article 26 (2) of the Decree).
(3) Notwithstanding paragraph (2) 1, in the case of programs, a copy of electronic recording medium containing copies of programs shall be submitted. <Newly Inserted on July 24, 2009>
(4) Where the fact of creation can be proven only with part of programs when submitting copies of programs pursuant to paragraph (3), such part may be extracted and submitted. In this case, program languages which have not been compiled through the computer shall be submitted. <Newly Inserted on July 24, 2009>
Article 6-2 (Management and Reproduction, etc. of Copies) (1) The Commission shall store the copies submitted pursuant to Article 6 (2) and (3) in an exclusive storage to keep them in confidentiality and take necessary measures to ensure their security.
(2) If the copies submitted pursuant to paragraph (1) are programs, they shall be sealed: provided that if copies are handled through the computer-based information processing system pursuant to Article 35 of the Decree, technological measures to maintain confidentiality may be used in lieu of sealing.
(3) The Commission may temporarily open the copies of programs sealed according to paragraph (2) and reproduce them in a separate medium to prepare for destruction or damage of the registered programs, where appropriate. In this case, they shall be resealed immediately after being reproduced.
(4) Where a rights holder or a third party who obtained the consent of a rights holder demands the reproduction of the copies submitted pursuant to Article 6 (2) 1, and (3), the Commission may reproduce them.
[This Article Newly Inserted on July 24, 2009]
Article 7 (Copyright Register, etc.) The copyright register under Article 27 (2) of the Decree (referring to program register for programs; and including the register of publication rights, neighboring rights, and database producer rights to apply mutatis mutandis in Articles 63 (3), 90, and 98) shall be as stipulated in the following subparagraphs: <Amended on July 24, 2009>
1. Copyright Register: Appendix Form No.21;
2. Program Register: Appendix Form No.21-2;
3. Publication Rights Register: Appendix Form No.22;
4. Neighboring Rights Register: Appendix Form No.23; and
5. Database Producer Rights Register: Appendix Form No.24.
Article 8 (Registration Certificate) (1) Upon registration of copyrights subject to Article 28 (1) of the Decree (including publication rights, neighboring rights, database producer rights, and exclusive publication rights of programs to apply mutatis mutandis in Articles 63 (3), 90, 98, and 101-6 (6)), the Commission shall issue a registration certificate set forth in the following subparagraphs to an applicant for registration: <Amended on July 24, 2009>
1. Where copyrights are registered: Copyright Registration Certificate in the form of Appendix Form No.25;
1-2. Where copyrights of programs are registered: Program Registration Certificate in the form of Appendix Form No.25-2;
2. Where publication rights are registered: Publication Rights Registration Certificate in the form of Appendix Form No.26;
3. Where neighboring rights are registered: Neighboring Rights Registration Certificate in the form of Appendix Form No.27;
4. Where database producer rights are registered: Database Producer Rights Registration Certificate in the form of Appendix Form No.28;
5. Where the change of author’s property rights is registered: Registration Certificate in the form of Appendix Form No.29;
5-2. Where the change of copyrights of programs is registered: Program Copyright Registration Certificate in the form of Appendix Form No.29-2;
6. Where the change of neighboring rights is registered: Registration Certificate in the form of Appendix Form No.30; or
7. Where the change in database producer rights is registered: Registration Certificate in the form of Appendix Form No.31.
(2) A person who desires to have the registration certificate reissued pursuant to Article 28 (2) of the Decree shall submit an application in the form of Appendix Form No.32 (in the case of programs, an application in the form of Appendix Form No.32-2), with documents attesting that he/she is an obligee registration or an agent attached (limited to the case where an application is made by an agent). <Amended on July 24, 2009>
Article 9 (Registration Application for Modification, etc. and Registration Application Withdrawal Form) (1) A person who wishes to apply for the correction, modification, cancellation, or reinstatement of cancelled registration with respect to the registered items pursuant to Article 30 of the Decree (hereafter in this Article referred to as “registration of modifications”) shall submit the Application in the form of Appendix Form No.33 (in the case of copyright of programs, the Application in the form of Appendix Form No.33-2) with documents set forth in the following subparagraphs attached: <Amended on July 24, 2009>
1. Registration Certificate;
2. Documents attesting to the reasons for registration of modifications (limited to the case where the content of the application for registration of modifications needs to be proved); and
3. Documents attesting that he/she is an agent (limited to the case where the registration of modifications is applied for by an agent).
(2) A person who wishes to withdraw the application for registration before registration is received shall submit the Registration Application Withdrawal Form in the form of Appendix Form No.34 with the documents set forth in the following subparagraphs attached:
1. Documents attesting that he/she is the applicant for registration;
2. Documents attesting that he/she is an agent (limited to the case where an agent withdraws the application for registration); and
3. Copy of an account under the name of the applicant for registration.
Article 10 (Perusal, etc. of Register) (1) A person who desires to peruse a register or have the copy thereof issued under Article 34 of the Decree, shall submit the Application in the form of Appendix Form No.35 (in the case of copyrights of programs, Application in the form of Appendix Form No.35-2). In this case, if an agent makes an application, documents attesting that the applicant is an agent shall be attached. <Amended on July 24, 2009>
(2) When issuing a copy of a register upon application under paragraph (1), the Commission shall state, at the end of the register or on its back, that such is a copy of a register, record the date of issuance thereof, and have an official seal of the head of a department in charge affixed. <Amended on July 24, 2009>
Article 10-2 (Treatment, etc. of Registration Affairs through the Computer-based Information Processing System) (1) If registration affairs are handled through the computer-based information processing system subject to Article 35 of the Decree, the auxiliary storage containing registered items shall be deemed a register.
(2) An applicant for registration or an agent may apply for registration by the computer-based information processing system.
(3) Where registration affairs are handled through the computer-based information processing system, other documents than electronic documents may be used in lieu of attached documents, and in the case of electronic documents, an electronic signature of an applicant or an agent may be used in lieu of affixation of their seal and signature.