[IT Litigation] Initial Steps for Intellectual Property Response Copyright Protection Strategies for Companies
Article posted in 2025-03-28 10:11:39 | VEAT
When images, documents, videos, and other copyrighted works held by a company are used without permission by a third party, this may constitute a serious copyright infringement. In such situations, companies need to actively respond for legal protection and consider various legal actions based on the Copyright Act.
First Response for a Company When Copyright Infringement Occurs: Sending a Warning Letter and Content Verification
When you confirm that a copyrighted work protected by the Copyright Act is being used without permission, the first response you can consider is sending a ‘Content Verification’ that contains the message to stop the copyright infringement.
A Content Verification is a document that informs the other party of potential legal action and can be used as important evidence in subsequent legal proceedings.
What a company can request from the infringing party through a Content Verification includes 1) cessation of the infringement of copyright in works held by the company and deletion of posts related to the infringement, 2) request for compensation for damages caused by the infringement .
If the other party does not take action following the Content Verification or an agreement is not reached, the company whose copyright has been infringed may consider whether to file a lawsuit for compensation for damages and a criminal complaint based on a violation of the Copyright Act.
Copyright Infringement Compensation Lawsuit
|
「Copyright Act」
Article 125 (Claim for Damages) ①A person (hereinafter referred to as “copyright holder”) who has copyright, other copyrights protected by this Act (excluding the rights of personality of the author and the performer’s personality rights) may bring an action for compensation for damages for the act of infringement against a person who has infringed the rights willfully or negligently. Where the infringer has gained a profit as a result of the infringement act, the amount of the profit shall be presumed to be the amount of the damages received by the copyright holder. ②Where a copyright holder brings an action for compensation for damages against a person who has infringed the rights willfully or negligently, the copyright holder may claim the damages as an amount corresponding to the amount that could generally be received as a result of the exercise of the rights. |
How to determine the amount of damages is also an important matter. The Copyright Act has several special provisions on this. First, there is a method of considering the profit obtained by the infringer as the amount of damages. Second, there is a method of recognizing the usage fee that should be paid when normally obtaining permission to use copyrighted work as the amount of damages. Third, if it is difficult to calculate the amount of damages, the court may exercise discretion to determine the amount of damages.
Criminal Lawsuit for Copyright Infringement
Copyright infringement acts may be subject to criminal penalties.
|
「Copyright Act」
Article 136 (Punishment) ①The following persons shall be sentenced to imprisonment for not more than 5 years or a fine of not more than 50 million won, or both. 1. A person who has infringed copyright, other property rights protected by this Act (excluding the rights stipulated in Article 93) by means of copying, performance, public transmission, exhibition, distribution, lending, or creation of secondary works. Article 141 (Regulations for Joint Punishment) If a representative of a legal entity or a legal entity or individual’s agent, substitute, or employee commits an offense stipulated in this section in connection with the business of the legal entity or individual, the offender shall be punished, and a fine shall be imposed on the legal entity or individual. However, this shall not apply if the legal entity or individual has not neglected due care and supervision regarding the violation act in order to prevent the violation act. |
According to Article 136(1) of the Copyright Act, a person who infringes copyright, other property rights protected by this Act, by means of copying, performance, public transmission, exhibition, distribution, lending, or creation of secondary works may be sentenced to imprisonment for not more than 5 years or a fine of not more than 50 million won.
Furthermore, Article 141 of the Copyright Act stipulates that if a representative, agent, or employee of a company commits a violation of the Copyright Act, a fine may be imposed not only on the individual but also on the company. Therefore, companies need to pay due attention to education and supervision for copyright protection internally.
The works held by a company are assets of the company and an important element directly related to the company's brand value. Therefore, it is important to take prompt and accurate legal action when copyright infringement occurs.
To effectively perform such legal responses, it is necessary to cooperate with legal experts in advance to prepare a response strategy.
Law Firm Veat TIP Team for Various IT Copyright Cases
Copyright infringement can extend beyond simple civil disputes to involve criminal responsibility, so it is recommended to undergo a professional legal review and take appropriate measures.
Law firm Veat is specialized in copyright law and intellectual property dispute resolution. The Law firm Veat TIP team, specializing in copyright, has a deep understanding of copyright law, diverse consultation cases, and winning experiences, and provides solutions for copyright infringement cases related to digital content.
If you are concerned about copyright infringement issues, please feel free to contact Law firm Veat specializing in intellectual property.
Thank you.
Law firm Veat