1. Other Rights
Article 99, Paragraph 2 of the Copyright Act states, “In the case where the holder of author’s property rights permits the filming of his/her work, if there is no special agreement, he/she may permit the filming of the work as another film work after 5 years have elapsed from the date of permission. If there is a special agreement by stipulating that there is a special agreement, it is subject to that special agreement, and if there is no special agreement, after 5 years have elapsed from the date of permission, the owner of author's property right may authorize a third party to make another video work.
If a novelist has allowed a third party to film his/her novel, is it possible to publish the novel that the novelist has allowed for filming? Copyright rights are not affected by the transfer presumption rule for cinematographic works. Therefore, a novelist who permits filming can publish the novel independently of filming.
1) Publication right
- The right to publish a work as a document or drawing by printing or other similar method as prescribed in the act of establishment
- Occurs by the act of establishing the publication right and publishing rights can be established for the person who wants to publish
- Unless there is a special agreement, it lasts for 3 years from the first publication date
- Publishing right holder's obligation: the obligation to publish the original, the obligation to publish within 9 months, the obligation to continue publishing, the obligation to indicate the owner of the right of reproduction, manuscript Return Obligation
- Arrangement of the author and the owner of the right of reproduction: the author's right of revision, increase and decrease, the right of reproduction, the right of separate publication, the right of reproduction to notify the expiration of the right of publication
2) Special Cases of Cinematographic Works
- Cinematographic works: Creative works containing continuous images (regardless of whether they are accompanied by sound), which can be viewed or heard by reproducing the images using a mechanical or electronic device
- Persons participating in production of visual works: Classical Authors, Modern Authors, Performers
- Presumption of Comprehensive Permission: In the case where the holder of copyright right permits another person to visualize a work, if there is no special agreement, presumption of permission for certain details occurs
- In the case of permission for filming of a copyrighted work, if there is no special agreement, it is possible to permit the copyrighted work to be visualized as another visual work after 5 years have elapsed from the date of permission
- Novel/Screenplay/ Author's property rights in artistic works/musical works, etc.: are not affected by the transfer presumption rule.
* I am not an IP expert, I am a student learning IP. Translation is also Google translator and my poor English skills. I would like to tell you about IP from the point of view of a person learning IP. I hope this helps people who are in a similar situation to me.
* The above is what I saw and learned from Professor Gu's intellectual property lecture. “https://cb.ipacademy.net/main.do”. It is accessible through You may not be able to see it without logging in
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