1. Copyright
Copyright consists of author's property right and moral right. Author's property right is a right to protect the interests arising from the use of a literary work. 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
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. Moral Rights
Moral rights are special rights that only the author has and that is maintained even after the death of the author.
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 permission. Preparation and publication of derivative works are not permitted. 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 work.
3) Right to maintain identity: The right to maintain the identity of the form and content of the literary work, and refers to the right of the author to prohibit the transformation of his/her own work.
4) Right to honor: The right is to prohibit the use of works in a way that damages the reputation of the author.
4. Author’s property rights
1) Right of Reproduction: Reproduction means fixing and reproducing a literary work to a tangible object by photographing, recording, copying, printing, or other methods. Digitizing paper books also falls under the Copyright Act. In the case of a building, constructing it according to a model or blueprint also falls under duplication.
2) Performance rights: Performance means public performances, broadcasts, records, singing, reading, oral presentations, screenings and other methods. According to the Copyright Act, the case where music is played to an unspecified number of people through speakers in department stores, cafes, and restaurants is also considered a performance.
3) Public transmission right: Public transmission refers to the provision of literary works, broadcast, sound recording, transmission, digital voice transmission, etc., to a specific or unspecified number of people by wired/wireless communication method.
4) Exhibition right: The right is to exhibit the original or a copy of a literary work (art work, photographic work, architectural work).
5) Distribution right: Transferring or lending the original or copy of a literary work to the public is called distribution. It does not matter whether there is a price or not, and the author has the right of this distribution right. When the work is sold, the distribution right passes to the buyer.
6) Rental right: The author has the right to rent a literary work for profit.
7) Right to create derivative works: The right to create and use derivative works based on the original literary work is defined as the right to create derivative works.
5. Neighboring rights of a copyright
Concept of neighboring right is that it is a concept of rights granted to a person who interprets and delivers a literary work, and performers, broadcasters, and record producers fall under this neighboring right.
6. Period of protection of a copyright
The period of protection of a copyright is a very important device for harmonizing the realization of the exclusive interest of the copyright holder and the pursuit of the public interest. During the protection period, an incentive is provided through the exclusive right of the copyright holder, but after the limited period, anyone can freely use the literary work.
According to the FTA between Korea and the EU, since July 2013, the copyright protection period was set to 70 years after the death of the copyright holder. Also, from August 2013 by the Korea-US FTA, the period of protection of the neighboring works was set to 70 years after death of the author.
7. Restrictions on author's property rights
In the following cases, copyrights are restricted so that literary works can be used without permission from the copyright holder.
1) Reproduction for legislative, judicial, and administrative purposes
2) Reproduction for educational purposes
3) Performance and broadcasting for non-profit purposes
4) Home use for private use
5) Criticism, reporting, education, research, etc.
6) Reproduction and transmission of materials in the library and such
7) Reproduction for non-commercial purposes
8) Temporary recording for self-broadcasting
9) Arrangement, translation, and adaptation for the above processes
8. Legal permission for use of literary works
The permission of the copyright holder is essential for the use of literary works. However, if it is impossible to determine the location of the copyright holder despite “significant effort”, the use of copyright can be permitted by law, which is defined as statutory permission.
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