|
|
 |
 |
|
1. Copyrightable Works
"Works" shall mean creative productions in which the ideas or emotion of human beings are expressed. Some of the examples of works are literary works, musical works, theatrical works, artistic works, architectural works photographic works, cinematographic works, diagrammatic works, and computer program works.
|
|
|
|
2. Protection for foreigners' works
The works of foreigners shall be protected in accordance with the treaties to which the Republic of Korea has acceded or which it has ratified.
The works of foreigners who permanently reside in the Republic of Korea and foreigners' works which are first published in the Republic of Korea (including works published in the Republic of Korea within thirty days after their publication in a foreign country) shall be protected under the Korean Copyright Law.
Even when foreigners' works are to be protected in accordance with the Act, if the foreign country concerned do not protect the works of the nationals of the Republic of Korea, their protection in accordance with treaties and this Act may be correspondingly restricted.
|
|
|
|
3. Acquirement and Duration of Copyrights
A copyright is automatically acquired upon the creation of the work. The copyright subsists for a term of 50 years after the death of the creator.
Although a copyright is automatically acquired upon the creation of the work, should a dispute rise, to prove the creator of the work, the date of creation and other essential matters, a copyright registration before the Copyright Commission for Deliberation and Conciliation (or Program Deliberation and Mediation Committee) is required.
|
|
|
|
4. Registration of Copyright in the Korean Copyright Commission
Copyright registration is intended to enable authors to enjoy established legal effects by allowing them to record certain particulars regarding their works - such as name of the author, date of the first creation or publication ? or any changes regarding their rights including transfer of authors¡¯ economic rights, restriction of disposal, establishment of the pledge right and etc., on an official register to be offered for the public reading
The person whose name is registered as the author will be presumed to be the author of the registered work and the work whose date of creation and having first been made public is registered will be presumed to have been created or first made public on the registered date. Moreover, if any alteration of authors¡¯ economic rights is registered, it will have legal effects including being effective against any third party.
Necessary Documents
(1) Copy of the creative work (CD-ROM format for programs)
(2) Application
(3) Specification of the work or outline of the program
(4) Declaration attesting self-creation of the work and first publishing of the work (3 copies)
(5) Power of Attorney (Certified)
|
|
|
|
|
