Закон об авторском праве Южной Кореи
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3. A person who applies for permission for or reports copyright management services pursuant to the provisions of Article 105. Article 133 (Collection, Abandonment and Deletion of Illegal Reproductions) (1) The Minister of Culture and Tourism, mayors of cities, governors of provinces, magistrates of cities, or district leaders may demand relevant public officials collect and abandon the reproductions (excluding those reproductions interactively transmitted through information and telecommunication networks) infringing on copyright and other rights protected pursuant to this Act or tools, devices and programs that manufactured for the purpose of neutralizing technological protection measures for works, etc., if they are found, in accordance with the procedures and methods as prescribed under the Presidential Decree. (2) The Minister of Culture and Tourism may entrust affairs as prescribed under Paragraph (1) to an organization determined by the Presidential Decree. In this case, the persons who engage in the affairs shall be considered as public officials. (3) In the case where the relevant public officials perform collection and abandonment activities pursuant to the provisions of Paragraphs (1) and (2), the Minister of Culture and Tourism may ask related organizations for cooperation, if necessary. (4) In the case where it is considered that the order of use of works, etc. is seriously damaged due to interactive transmissions, etc. through information and telecommunication networks of reproductions infringing on copyright and other rights protected pursuant to this Act, the Minister of Culture and Tourism may order the reproducers/interactive transmitters or online service providers to delete or suspend such reproductions or interactive transmissions as prescribed under the Presidential Decree after the deliberation by the Commission in accordance with Article 112. (5) The Minister of Culture and Tourism may establish and operate an organization necessary for the affairs under the provisions of Paragraphs (1) and (4). (6) In the case where the provisions of Paragraph (1) to (4) concur with the provisions of other laws, this Act shall be applicable in preference to other laws. Article 134 (Promotion, etc. of Environment for Sound Use of Works) (1) The Minister of Culture and Tourism may conduct businesses necessary to promote fair use of works such as providing information regarding works, etc. in which copyright has been expired. (2) The Minister of Culture and Tourism may formulate and implement policies in respect to rights management information and technological protection measures of works, etc. (3) The necessary matters with regard to businesses in accordance with Paragraph (1) and formulation and implementation of policies pursuant to Paragraph (2) shall be determined by the Presidential Decree. Article 135 (Donation of Author's Property Rights, etc.) (1) The owner of author's property rights, etc. may donate their rights to the Minister of Culture and Tourism. (2) The Minister of Culture and Tourism may appoint the organization which is capable of managing the rights under works, etc. donated by the owner of author's property rights, etc. (3) The organization appointed pursuant to Paragraph (2) shall not use works, etc. for profit-making purposes or against the intention of the owner of author's property rights, etc. (4) The necessary matters in respect to donation procedures, appointment of the organization, etc. pursuant to Paragraphs (1) and (2) shall be determined by the Presidential Decree. [ edit ] CHAPTER 11. PENAL PROVISIONS Article 136 (Crime of Infringement on Rights) Any person, who infringes upon authors' property rights or other property rights protected pursuant to this Act (excluding the rights under the provision of Article 93) by means of reproduction, public performance, communication to the public, exhibition, distribution, rental or production of a derivative work, may be punished by imprisonment for not more than five years or a fine of not more than fifty million won, or both. (2) Any person, who falls under any of the followings, may be punished by imprisonment for not more than three years or a fine of not more than thirty million won, or both: 1. Any person who has infringed on author's or performer's moral rights and defamed the honor of the author or performer 2. Any person who has made registration, as provided in Articles 53 and 54, by false means (including those cases where the provisions herein apply mutatis mutandis in accordance with Paragraph (3) of Article 63, Articles 90 and 98) 3. Any person who has infringed upon a database maker's rights protected pursuant to Article 93 by means of reproduction, distribution, broadcasting or interactive transmission 4. Any person who has committed an act considered to be infringement pursuant to the provisions of Paragraph (1) of Article 124 5. Any person who has committed an act considered to be infringement pursuant to the provision of Paragraph (2) of Article 124 in the conduct of business or for a profit-making purpose and 6. Any person who has committed an act considered to be infringement pursuant to the provision of Paragraph (3) of Article 124 in the conduct of business or for a profit-making purpose provided that said provision shall not apply to any person lacking in the knowledge, by negligence, of the fact that such act causes or conceals infringement on copyrights or other rights protected in accordance to this Act. Article 137 (Crime of Illegal Publications, etc.) Any person who has committed any of the following acts shall be punishable by imprisonment for a term of not more than one year or a fine of not more than ten million won: 1. Any person who has made a work public under the real name or pseudonym of a person other than the author 2. Any person who has publicly performed or communicated to the public a performance or distributed reproductions of the performance under the real name or pseudonym of a person who is not the actual performer. 3. Any person who has violated the provision of Paragraph (2) of Article 14 4. Any person who has operated copyright trust services without obtaining a permit as prescribed under Paragraph (1) of Article 105 5. Any person who has committed an act considered to be an infringement pursuant to the provisions of Paragraphs (4) of Article 124 and 6. Any person, who has interfered with the business of an online service provider by deliberately requesting such online service provider to stop or resume reproduction or interactive transmission as provided in Paragraphs (1) or (3) of Article 103 with the knowledge that he does not have the legitimate right to do so. Article 138 (Crime of Failure to Indicate Sources) Any person who has violated any of the following Sub-paragraphs shall be punishable by a fine of not more than five million won: 1. Any person who has violated the provisions of Paragraph (4) of Article 35 2.Any person who has not indicated the sources prescribed pursuant to Article 37 (including those cases where the provisions herein apply mutatis mutandis in accordance with Articles 87 and 94); 3. Any person who has not indicated the notice of the owner of the right of reproduction in violation of the provisions of Paragraph (3) of Article 58 4. Any person who has violated the provisions of Paragraph (2) of Article 59 5. Any person who has engaged in copyright agency or brokerage services without reporting as prescribed under the provisions of Paragraph (1) of Article 105, or who has continued the services after being ordered to close the services under the provision of Paragraph (2) of Article 109. Article 139 (Forfeiture) Reproductions made in violation of copyright or other rights protected pursuant to this Act which are owned by the infringing person, printer, distributor or performer shall be confiscated. Article 140(Complaint) Crimes prescribed in this Chapter shall be prosecuted only when a right holder makes a complaint except for any of the following cases: 1. In the case where a person commits an act which falls under the provisions of Paragraph (1) of Article 136 and Subparagraph 3 of Paragraph (2) of Article 136 habitually for purposes of commercial advantages or private financial gain 2. In the case as provided in Sub-paragraphs (2), (5), and (6) of Paragraph (2) of Article 136, Sub-paragraphs 1 through 4 and 6 of Article 137, and Subparagraph 5 of Article 138 and 3. In the case where a person commits an act which falls under the provisions of Subparagraph 4 of Paragraph (2) of Article 136 for profit-making purposes. Article 141 (Joint Penal Provisions ) If a representative of a legal person, or an agent, employee or other employed persons of a legal person or a individual has committed a crime as prescribed under this Act with respect to the affairs of the legal person or the individual, the fine prescribed under the Articles concerned shall be imposed on such a legal person or an individual in addition to the punishment of the offender. Article 142 (Fine for Negligence) (1) A person who fails to take necessary measures pursuant to Article 104 shall be punished by a fine for negligence not exceeding thirty million won anyone who fails to fulfill his obligations under Article 106 or who fails to abide by order of the Minister of Culture and Tourism under Paragraph (4) of Article 133 shall be punished by a fine for negligence not exceeding ten million won. (2) The fine for negligence under paragraph (1) shall be levied and collected by the Minister of Culture and Tourism under the conditions as prescribed by the Presidential Decree. (3) A person who is dissatisfied with the disposition of a fine for negligence under Paragraph (2) may file an objection with the Minister of Culture and Tourism within thirty days from the date of receiving a notice of the said disposition. (4) Where a person subjected to a disposition of a fine for negligence under paragraph(2) raises an objection under paragraph (3), the Minister of Culture and Tourism shall, without delay, notify the competent court, which in turn shall proceed to a trial on a fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act. (5) If neither an objection is raised nor is a fine for negligence paid within the period as prescribed in paragraph (3), the said fine for negligence shall be collected by referring to the practices of dispositions on default of national taxes. [ edit ] ADDENDA Article 1(Date of Enforcement) This Act shall come into force six months after the date of its promulgation provided that the provisions of Paragraphs(1) and (3) of Article 133 shall enter into force on the date of its promulgation. Article 2(Transitional Measures Concerning Scope of Application) (1) This Act shall not apply to those works, etc. or parts of such works, etc. in which copyright has been expired in whole or in part, and which have not been protected by the provisions of the former Act before the enforcement of this Act. (2) The exploitation of works, etc. done before the enforcement of this Act shall be subject to the provisions of the former Act. (3) The provisions of the former Addenda shall be continuously applied after the enforcement of this Act. Article 3 (Transitional Measures Concerning Producers of Phonograms) Producers of phonograms under the provisions of the former Act shall be considered as producers of phonograms under this Act. Article 4 (Transitional Measures Concerning a Work in the Name of an Organization) Matters with regard to the authors of the works which have been made pursuant to Article 9 of the former Act before the enforcement of this Act shall be subject to the provisions of the former Act. Article 5 (Transitional Measures Concerning Appointment of an Organization) The organization which has been appointed to receive compensations pursuant to the provisions of the former Act before the enforcement of this Act shall be considered as an organization appointed under this Act. Article 6 (Transitional Measures Concerning Scope of Legal License) Legal licenses issued pursuant to the provisions of the former Act at the time of the enforcement of this Act shall be considered as Legal licenses issued under this Act. Article 7 (Transitional Measures Concerning Registration) The registration made pursuant to the provisions of the former Act at the time of the enforcement of this Act shall be considered to have been done under this Act provided that the registration of the name, etc. of the owner of author's property rights done in accordance with the provision of Article 51 of the former Act shall be subject to the provisions of the former Act. Article 8 (Transitional Measures Concerning Initial Date of Protection Period of Phonograms) The initial date of protection period of a phonogram which has been fixed but not been published yet before the enforcement of this Act shall be computed pursuant to this Act. Article 9 (Transitional Measures Concerning Undistributed Compensations) Paragraph (8) of Article 25 in this Act (including those cases where the provisions herein apply mutatis mutandis in accordance with Paragraph (6) of Article 31, Paragraph (2) of Article 75, and Paragraph (2) of Article 82) shall apply to the compensations received before the enforcement of this Act pursuant to the provisions of Paragraph (3) of Article 23, Paragraph (5) of Article 28, and Article 65 and 68 of the former Act. In such cases, the notification date of distribution of compensation shall be the last day of the year in which the right holder can receive the said compensation for the first time from an organization paying compensations. Article 10 (Transitional Measures Concerning Moral Rights of Performers) The provisions of Articles 66 and 67 of this Act shall not apply to the performances made before the enforcement of this Act. Article 11 (Transitional Measures Concerning Copyright Management Service Providers) A person who obtained permission of a copyright management service or who reported as a copyright management service pursuant to the provisions of the former Act at the time of the enforcement of this Act shall be considered as the person who obtained permission of a copyright trust service or a copyright agency-brokerage service, respectively. Article 12 (Transitional Measures Concerning Fees and Royalties of Copyright Trust Service Providers) The rate and amount of the fees and royalties of copyright trust service providers approved pursuant to the provision of the former Act shall be considered as to have been approved under this Act. Article 13 (Transitional Measures Concerning Copyright Commission, etc.) The Copyright Commission for Deliberation and Conciliation and its members under the provisions of the former Act shall be considered as the Copyright Commission and its members under Article 8 of this Act. Article 14 (Transitional Measures Concerning Penal Provisions) The penal provisions of the former Act shall apply to the acts committed before the enforcement of this Act. Article 15 (Transitional Measures Concerning Amendment of Other Laws) (1)The Local Tax Act shall be amended in part as follows: "Article 52, Paragraph (3) of Article 60, Article 73 and Paragraph (9) of Article 73 of Copyright Act" stipulated in Subparagraph (2) of Article 143 shall refer to "Article 54, Paragraph (3) of Article 63, Article 90 and 98 of Copyright Act". (2) The Broadcasting Act shall be amended in part as follows: "Article 69 of Copyright Act" stipulated in Paragraph (3) of Article 78 shall refer to "Article 85 of Copyright Act". Article 16 (Relation with Other Laws) In the case where the provisions of the former Act was quoted in other laws at that time of the enforcement of this Act, those laws shall be considered as quoting the relevant provisions of this Act |
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