Закон об авторском праве Южной Кореи
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Article 40(Period of Protection for Anonymous and Pseudonymous Works) (1) Author's property rights in an anonymous or the pseudonymous work, unless the pseudonym is widely known, shall continue to subsist for a period of fifty years after it has been made public provided that within such period, if there are reasonable grounds for recognizing a date fifty years after the death of the author, such property rights shall be deemed to have lapsed fifty years after the death of the author. (2) The provision in Paragraph (1) shall not apply to any of the following cases: 1.Where the real name or the well-known pseudonym of an author is revealed during the period as referred to in Paragraph (1); and 2.Where the real name of an author is registered pursuant to under Paragraph (1) of Article 53 during the period as referred to in Paragraph (1) Article 41(Period of Protection for Works made by an Employee in the Course of His Duties) Authors property rights of works made by an employee in the course of his duties shall continue to subsist for a period of fifty years after it has been made public provided that if it has not been made public within fifty years after its creation, authors' property rights shall continue to subsist for a period of fifty years after its creation. Article 42(Period of Protection for Cinematographic Works) Notwithstanding the provisions of the foregoing Articles 39 and 40, authors' property rights in cinematographic works shall continue to remain in effect for a period of fifty years from the time that such works are made public provided that, in those cases where such works are not made public within fifty years after their creation, such rights shall continue to remain in effect for a period of fifty years from the time of their creation. Article 43(The Time When Serial Publications, etc. Have Been Made Public) (1) The time when a work has been made public pursuant to the conditional provisions of Paragraph (1) of Article 39, Paragraph (1) of Article 40, or Article 41, shall be determined by making public of each volume, issue or installment in the case of works which are being made public in the form of volumes, issues, or installments, or by making public of the last part in the case of works which are being made public in parts in a successive manner. (2) In the case of works to be completed by making public in parts in a successive manner, the last part already being made public shall be considered to be the last one under the Paragraph (1) if the next part is not being made public before the expiration of a period of three years following the making public of the preceding part. Article 44(Initial Date of Protection Period) In the case of calculating the initial date of the protection period of authors' property rights as prescribed in this subsection, the initial date of protection shall commence from the beginning of the year following the date when the author died, the work is created, or is made public. [ edit ] SUBSECTION 4. TRANSFER, EXERCISE AND EXPIRY OF AUTHOR'S PROPERTY RIGHTS Article 45(Transfer of Author's Property Rights) (1) Author's property rights may be transferred by assignment in whole or in part. (2) Where author's property rights are transferred by assignment in whole, the right of the production and exploitation of a derivative work as prescribed under Article 22shall be presumed not to be included in the transfer, unless otherwise stipulated. Article 46(Authorization to Exploit Works) (1) The owner of author's property rights may grant another person authorization to exploit the work. (2) The person who obtained such authorization shall be entitled to exploit the work in such a manner and within the limit of such conditions so authorized pursuant to Paragraph 1. (3) The right of exploitation as authorized may not be transferred by assignment to the third party without the consent of the owner of author's property rights pursuant to Paragraph 1. Article 47(Author's Property Rights on Which the Right of Pledge is Established) The right of pledge may be exercised with respect to money or the like accruing from the transfer by assignment of author's property rights or the exploitation of the work (including remuneration for the establishment of the right of publication); provided that payment or delivery is preceded by the seizure of the right to receive money or the like mentioned above. Article 48(Exercise of Author's Property Rights in Joint Works) (1) Author's property rights in a joint work may not be exercised without the unanimous agreement of all the owners of author's property rights. Each owner of author's property rights shall not be entitled to transfer by assignment or pledge his share of author's property rights without the consent of the other author's. Each owner may not, without reasonable justification, prevent the agreement from being reached or refuse the consent in bad faith. (2) The profit accruing from the exploitation of a joint work may be apportioned among authors according to the degrees of contribution by each author, unless otherwise stipulated. If the degree of each contribution is not clear, the profit may be equally apportioned to all the authors. (3) The owner of author's property rights in a joint work may renounce his share. In the case of renunciation and death of the owner of author's property rights without heir, his share may be apportioned among other authors according to the ratio of their holding shares. (4) The provisions of Paragraphs (1) and (2) of Article 15 shall apply mutatis mutandis to the exercise of author's property rights in a joint work. Article 49(Expiry of Author's Property Rights) Author's property rights shall expire in any of the following cases: 1.Where, after the author's death without heir, author's property rights are to belong to the state according to provisions of the Civil Law and other laws and 2. Where, after the dissolution of a legal person or an organization who is the owner of author's property rights, author's property rights are to belong to the state according to the provisions of the Civil Law and others laws. [ edit ] SECTION 5. EXPLOITATION OF WORKS UNDER LEGAL LICENSE Article 50(Exploitation of Works in Which the Owner of Author's Property Rights is Not Known) (1) Where any person, despite his considerable efforts in accordance with the criteria as prescribed by the Presidential Decree, could not identify the owner of author's property rights in works being made public (except foreigner's works), or his place of residence and therefore is unable to obtain the authorization of the author for its exploitation, he may exploit the work on obtaining the approval of the Minister of Culture and Tourism as prescribed by the Presidential Decree, and depositing a sum of compensation money according to the criteria as determined by the Minister of Culture and Tourism. (2) The person who exploits a work under the provision of Paragraph (1) shall indicate the fact that the exploitation is made with the approval and the date when the approval is issued. (3) Where a work which already obtained approval of the Minister of Culture and Tourism for its exploitation pursuant to Subparagraph (1) becomes the object of the approval of the same kind at a later time, the procedure of making considerable efforts in accordance with the criteria as prescribed by the Presidential Decree pursuant Subparagraph 1 may be omitted unless the owner of author's property rights lodges an objection in accordance with the procedure prescribed under the Presidential Decree before approval for legal license for the work is granted. (4) The Minister of Culture and Tourism shall notify the content of legal license on telecommunication networks in accordance with the Presidential Decree. Article 51(Broadcasting of Works Being Made Public) Where a broadcasting organization which intends to broadcast a work already being made public for the sake of the public benefit has negotiated with the owner of author's property rights but failed to reach an agreement, it may broadcast the work on obtaining the approval of the Minister of Culture and Tourism as prescribed by the Presidential Decree, and paying to the owner of author's property rights or depositing a sum of compensation money according to the criteria as determined by the Minister of Culture and Tourism. Article 52(Production of Commercial Phonograms) If a commercial phonogram has been sold for the first time in this country and after the expiration of a period of three years from the date of the first sale and if any person who intends to produce a commercial phonogram by recording works already being recorded on such a phonogram has negotiated with the owner of author's property rights but failed to reach an agreement, he may produce the phonogram on obtaining the approval of the Minister of Culture and Tourism as prescribed by the Presidential Decree, and paying to the owner of author's property rights or depositing a sum of compensation money according to the criteria as determined by the Minister of Culture and Tourism. [ edit ] SECTION 6. REGISTRATION AND VERIFICATION Article 53 (Registration of Copyright) (1) The author may register the items of the following Sub-paragraphs: 1.Real name, pseudonym (limited to a case where a pseudonym was used when a work was made public), nationality, domicile or temporary domicile of the author 2.Title, category and date of creation 3.Whether a work was made public, or the country and date in which the work was first made public and 4. Other items as prescribed by the Presidential Decree. (2) In the absence of any intention of the author to the contrary, the person designated by the will of the author or his heir may have such a name registered after the death of the author as prescribed under each Subparagraph of Paragraph (1). (3) The person whose real name is registered as the author in accordance withthe provisions of Paragraphs (1) and (2) shall be presumed to be the author of the registered work. The work whose date of creation or having first been made public is registered shall be presumed to have been created or first made public on the date registered. Article 54(Registration and Effect of Change of Rights) The following matters may be registered and shall not be effective against any third party without the registration: 1.Transfer by assignment of author's property rights (except that by inheritance or other successions in general) or the restriction on the disposal of author's property rights and 2. Establishment of the right of pledge on author's property rights, transfer, alteration, or expiry of author's property rights, or the restriction on the disposal of author's property rights. Article 55(Procedures, etc. for Registration) (1) The registration as prescribed pursuant to Articles 53 and 54 shall be made by the Minister of Culture and Tourism on the copyright register. (2) The Minister of Culture and Tourism may return the registration falling under any of the following cases provided that this shall not apply to the case where the defects of the registration could be corrected and the applicant corrects them on the day of application. 1. Where the applied registration is not the one to be registered and 2. Where the applied registration does not follow the format as prescribed by the Ordinance of the Minister of Culture and Tourism or does not attach other necessary resources or documents. (3) The Minister of Culture and Tourism shall issue or notify on the telecommunication networks the registration bulletins concerning the registration made on the copyright register in accordance with the provisions of Paragraph (1), and in the case when anyone requests, the Minister of Culture and Tourism shall have the copyright register inspected by applicants or shall issue the copy of the copyright register to applicants. (4) The necessary matters concerning registration, the return of applied registration, the issuance or notification of registration bulletins, the inspection of the copyright register and the issuance, etc of the copy of the copyright register in accordance with the provisions of paragraphs (1) and (3) shall be prescribed by the Presidential Decree. Article 56(Verification of the Right Holders, etc) (1) The Minister of Culture and Tourism may appoint the organization for verification to protect the safety and faith of transactions of works, etc. (2) The appointment of the organization for verification and the verification procedures in accordance with Paragraph (1) shall be decided by the Presidential Decree. (3) The organization pursuant to Paragraph (1) may collect fees in respect to the verification and the amount shall be determined by the Minister of Culture and Tourism. [ edit ] SECTION 7. RIGHT OF PUBLICATION Article 57(Establishment of the Right of Publication) (1) The owner who has the right to reproduce and distribute a work (hereinafter referred to as "owner of the right of reproduction") may establish a right of publication (hereinafter referred to as "right of publication") for a person who intends to publish the work in writing, drawing, or other similar means. (2) The person for whom the right of publication (hereinafter referred to as "owner of the right of publication") pursuant to Paragraph (1) has been established shall have the right to publish the original text of the work according to the terms of the contract of establishment. (3) If the right of pledge is established on the right of reproduction of a work, the owner of the right of reproduction can establish the right of publication only with the authorization of the owner of the right of pledge. Article 58(Obligations of the Owner of the Right of Publication) (1) Unless otherwise stipulated in the contract of establishment, the owner of the right of publication shall have the obligation to publish the work within the period of nine months after the date when he received from the owner of the right of reproduction manuscripts or other similar materials which are necessary for the reproduction of the work. (2) Unless otherwise stipulated in the contract of establishment, the owner of the right of publication has the obligation to continue to publish the work in its original form in accordance with customary practice. (3) Unless otherwise stipulated, the owner of the right of publication has the obligation to indicate a notice of the owner of the right of reproduction in each copy as stipulated by the Presidential Decree. Article 59(Revision, Addition or Reduction of a Work) (1) If the owner of the right of publication publishes a new edition of the work which is the object of its right, the author may revise, add or reduce the contents of his work to the extent that it is justified. (2) If the owner of the right of reproduction intends to make a new edition of the work which is the object his right, he shall notify the author of his intention in advance. Article 60(Duration of the Right of Publication) (1) The duration of the right of publication shall be a period of three years from the date of its first publication, unless otherwise stipulated in the contract of establishment. (2) If the author of the work which is the object of the right of publication dies within the duration of the right of publication, the owner of the right of reproduction, notwithstanding the provision of Paragraph (1), may reproduce the work in a complete collection of works or other compilation work, or publish the work by separating it from a complete collection of works or other compilation work. Article 61(Notification of the Termination of the Right of Publication) (1) If the owner of the right of publication has not discharged his obligation prescribed under Paragraphs (1) or (2) of Article 58, the owner of the right of reproduction may call on him to fulfill his obligation in a prescribed period of not shorter than six months. If the owner of the right of publication fails to do so during such period, the owner of the right of reproduction may notify him of the termination of his right of publication. (2) The owner of the right of reproduction may immediately notify the owner of the right of publication of the termination of the right of publication, notwithstanding the provision of Paragraph (1), when it is impossible for the owner of the right of publication to publish the work, or it is obvious that he has no intention to do so. (3) When the termination of the right of publication is notified as prescribed under the provision of Paragraph (1) or (2), the right of publication is presumed to have been terminated on the date the owner of the right of publication has received the notification. (4) In the case of Paragraph (3), the owner of the right of reproduction may at any time claim to the owner of the right of publication for restitution or compensation for damages accruing from the suspension of publication of the work. |
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