Posting Suspension Measures! Reasons Online Service Providers (OSP) Must Know

Law firm Veat received a request from online service provider A and proceeded with a review of whether the cessation of posting due to copyright holder or supervisory authority action constitutes copyright infringement.

The Copyright Act imposes certain responsibilities and obligations on online service providers (OSPs) to prevent copyright infringement. Generally, online service providers (OSPs) perform the role of managing and providing content uploaded by users through a platform, but problems can arise if the postings infringe on the copyright holder’s rights.

Law firm Veat thoroughly reviewed whether the copyright holder’s request to cease posting or the poster’s demand for reposting by the online service provider (OSP) could constitute copyright infringement and the potential liability for damages, and provided legal opinions.

Online Service Provider (OSP)

An online service provider (OSP) refers to an operator who runs a platform that provides various information and content over the internet or enables information exchange between users. Examples include social media platforms, online communities, content sharing sites, portal sites, and cloud services.

Copyright Holder's Posting Cessation - Online Service Provider (OSP)'s Responsibility

When a copyright holder discovers that their copyrighted work has been illegally posted and requests deletion or cessation of posting, the online service provider (OSP) must immediately cease the copying and transmission of the posting in accordance with Article 103 of the Copyright Act. At this time, the online service provider (OSP) may be liable for copyright infringement when ceasing the posting at the request, which requires review.

Furthermore, although the cessation of posting is made at the request of the copyright holder, if the poster or original copyright holder objects and demands reposting, the online service provider (OSP) has an obligation to process this lawfully. The poster may argue that the cessation of the posting is an unfair infringement of rights, claiming that they did not have the intention of copyright infringement or legitimately utilized the content. At this time, the online service provider (OSP) must maintain a neutral position, judge whether to restore the posting to minimize legal liability, and the matter may lead to legal disputes.

Supervisory Authority's Posting Cessation - Online Service Provider (OSP)'s Responsibility

Posting cessation may also be made according to the actions of a supervisory authority, not just the request of a copyright holder. For example, a supervisory authority such as the Korea Communications and Media Authority (KCMC) may assess copyright infringement and, if it deems there is a problem, may issue a forced cessation order for the posting. Although this measure is meaningful as a legal device to protect the rights of copyright holders, there are also cases where the action is deemed unfair.

In particular, when a posting is stopped due to the action of a supervisory authority, it is necessary to legally interpret whether the action actually constitutes copyright infringement for the following two aspects.

If the action of the supervisory authority is deemed unfair, the aggrieved party will challenge the action through an administrative lawsuit. However, the legal liability and damages that may arise in this process may depend on the response of the online service provider (OSP). If the online service provider (OSP) performs the action after reasonable review and judgment of the supervisory authority’s action, it can minimize liability.

As such, balancing the protection of copyright holders’ rights and the rights of posters is the core of the posting cessation measure under the Copyright Act. It is especially important for online service providers (OSPs) to respond neutrally and cautiously and to carefully review whether the posting cessation has been lawfully performed.

Online Service Provider Response to Prevent Legal Disputes

- Secure Procedural Transparency: When proceeding with posting cessation according to the request of a copyright holder or the action of a supervisory authority, clear procedures and criteria should be established and disclosed. This can minimize backlash from stakeholders and reduce the possibility of legal disputes.

- Respond Quickly and Cautiously: When a request to cease posting is received, the online service provider (OSP) must respond promptly but at the same time review the legal validity to prevent indiscriminate posting cessation.

- Strengthen Objection Procedures: It is important to have a system to fairly process objections raised by the poster regarding the cessation of posting.

- Collaborate with Legal Professionals: It is necessary to receive professional legal advice to respond to complex situations related to copyright law. Especially when legal issues arise, a strategy is required to protect the position of the online service provider (OSP).

Online service providers must make efforts to minimize legal liability by respecting both the copyright holder’s right to protection and the poster’s freedom of expression. To do so, they must comply with legal procedures and maintain a neutral position that balances the interests of stakeholders.

Online service providers should regularly receive legal advice to prevent copyright infringement issues from arising in the first place, and if copyright infringement issues do arise, it is important to respond quickly with professionals who have extensive experience in the field. Law firm Veat provides specialized legal advice with a strengthened team in copyright and intellectual property law, led by Oh Seung-jong, former chairman of the Korea Copyright Committee.

If you need professional response or advice on copyright legal issues, please contact Law firm Veat.

Thank you.
Law firm Veat