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News & Notice
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| Proposed Amendments to Copyright Act (May 2008) |
2008-05-27 |
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Extension of Copyright Protection
The Korean Copyright Act provides 50 years after the author"s death or the publication or creation of the work for protection of copyright. Under the FTA between USA and Korea, the protection period for copyright is to be extended to 70 years. In order to ease the impact following this extension, however, the amended provision will become effective after a two-year grace period
Application of Offense Subject to Non-Complaint
Under the current Korean Copyright Act, the criminal prosecution for copyright infringement can be sought only upon obtaining the copyright holder"s complaint. As part of the FTA, Korea has now agreed to initiate "an offense subject to non-complaint," which allows criminal actions to be filed against copyright violators without obtaining the copyright holder"s complaint.
Protection for Temporary Storage
FTA provides new copyright protection on the internet. Copies made in the temporary memory of a computer will be entitled to reproduction rights and will be protected under the amended Korean Copyright Act. As such, a copyright owner has reproduction rights to even a temporary storage of such property in a computer RAM. However, if a temporary reproduction is made for public interest(e.g.,news report, education, study, etc.), then it is exempted from copyright infringement. In addition, under the FTA, attempts to circumvent any effective technological measure that controls access to a protected work, performance, phonogram, or other subject matter will be prohibited.
Statutory Damages to Infringement
Under the FTA, a new system of statutory damages which provides maximum and minimum damages for copyright infringement is to be implemented. |
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