Gwangju International Center

Korea has Copyright Law? Actually, Yes!

Presenter: Darren Bean

Date: May 26th, 2012

Reviewer: Kim Hyun-Kyu

Proof-reader: Nguyen Thi Le Hoa

Copyright is a right to control copying of something. It's not a mark used in trade. It is also not a scientific invention. It is used to apply for books, music, movies, art and software.

The speakers pointed out 6 fun facts:

Fun Fact #1: Copyright-like laws were initially a tool for censorship and a way of the few profiting from the many.

Fun Fact #2: This nation refused to join the world's foremost copyright treaty for nearly one hundred years because it was a hotbed of piratical activity.

The U.S. did not join the Berne Convention until the 1980s in part because the U.S. benefitted tremendously from pirating European novels 

Fun Fact #3: This collective tried to prevent widespread use of the phonogram. - Songwriters 

Fun Fact #4: This industry tried to prevent the release of "Betamax" (a pre-VHS form of home video. - Movie Industry 

Fun Fact #5: This industry enjoyed record profits in 2006 while requesting lawmakers make payments to singers and songwriters be less. - Record Industry.

Fun Fact #6: In the 1980s, the US was pushing "TRIPS," a new intellectual property treaty (WTO)Several poorer and especially South American nations protested TRIPS based on what it would to do pharmaceutical drug prices (trademark and patent issues) 

Brazil and this nation were labeled "piracy havens" so that the US could push ahead.

Korea wasn't even protesting TRIPS and would have done anything (in reason) to join the WTO.

Structure of Korea Copyright:

"Authors" hold economic rights and moral rights.

Author's Economic Rights - Reproduction, Public performance, Public Transmission. Exhibition, Distribution, Rental, Derivative works.

Author's Moral Rights - Publication, Integrity, Attribution, Free from defamation.

Limitations on Rights.

"Performers" hold different rights. Performers have "exclusive" and "compensated" rights.

"Producers" has no moral rights and some economic right (fewer than performers)

"Broadcasters" has very few and specialized rights.

The major differences between Korea and U.S - music

U.S. - no neighboring rights (but special limitations to sound recording right holders)

No moral rights (some for visual artists)

Compulsory license is available immediately without negotiation.

 Korean royalties are usually negotiated through trusts

Trusts vary depending on who the right holder is and how the work is used.

Sometimes a right holder MUST join a trust

"Limitations to rights" (compensated uses)

"Compensatory rights" of performers and producers