Let's continue the discussion on “Introduction to Intellectual Property and Understanding Intellectual Property”. Among them, today, we will learn about “Copyright 1”.
1. Copyright
Copyright consists of author's right and moral right. Author's right is a right to protect the interests arising from the use of a literary work. Copyright is an enumerated right. Even if it is related to their copyright, it means that the copyright holder has no control over it unless the right is explicitly given to it. For example, the Copyright Act grants no rights to neighboring copyright holders or copyright holders for private reproduction of music. Therefore, even if it is an illegal reproduction, the copyright holder cannot control the act of playing and listening to the file privately.
Moral rights are the personal rights you have in your literary work. This is a right granted to the effect that the author's personality is not damaged when dealing with the literary work.
2. Occurrence of Copyright
Rights of a patent or a trademark take effect after registration with the Korean Intellectual Property Office, but copyright arises at the time the work is created regardless of the registration of the work. However, it is legally effective only when a copyright is registered and, when necessary, can legally oppose to a third party.
3. Classification of Copyright
Copyright consists of moral rights and author's property rights, and each of these can be divided into several rights. The moral right consists of the right to publicize, the right to display one's name, the right to maintain identity, and the right to honor. On the other hand, author’s property rights are divided into reproduction rights, performance rights, public transmission rights, exhibition rights, distribution rights, rental rights, and secondary works creation rights. Here, the public transmission right can be further divided into a broadcasting right, a transmission right, and a digital voice transmission right.
4. Moral Rights
Moral rights are special rights that only the author has and that is maintained even after the death of the author. Moral rights consist of the following rights.
1) Right to Publish: This means the right to publish or not to publish the creation of a literary work, and the right to prohibit publication without his/her permission. If the transfer or use of author's property rights is granted to a work that has not been consented to publication, it is presumed that the copyright holder has consented to the publication of the work by the other party. However, preparation and publication of derivative works are not permitted. In addition, if there is publication of a secondary work with the consent of the original author, the original work shall also be deemed published.
2) Right to display name: The right to indicate or not display the name in one's literary work, and the right to prohibit others from changing one's name when using one's own work.
3) Right to maintain identity: The right to maintain the identity of the form and content of the work, and refers to the right of the author to prohibit the transformation of his/her own work.
4) Right to honor: The right to prohibit the use of works in a way that damages the reputation of the author.
* The moral right of a joint literary work cannot be exercised without the consent of all authors. Therefore, authors can choose a person who can exercise their moral rights on their behalf.
Today we learned about “Copyright 1”. Next, we will discuss “Copyright 2”.
*I am a student learning IP, not an IP expert. Translation is also a translator and my short English skills. I hope it will be helpful for those who do not have the relevant knowledge or who want to learn about IP.
*The above is what I learned from a book compiled by the Korean Intellectual Property Office and Korea Invention Promotion Association (published by Pakmungak) entitled “Introduction to Intellectual Property, Understanding Intellectual Property”.
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