What are the main contents of the complete revision of the Copyright Act?

With the rise of online platforms and changes in creative environments, anyone can now become a creator and possess copyright, and the practice of using copyrighted works as creative materials is becoming commonplace. In addition, new technologies and industries are rapidly developing, such as artificial intelligence learning utilizing copyrighted works.

In response to these changes, the Ministry of Culture, Sports and Tourism submitted a revised copyright law proposal in November, which is currently under discussion in the National Assembly.

Key aspects of the revised copyright law proposal include, among others:
 

• Establishment of additional compensation rights and other copyright contract clauses

Under the current law, there were restrictions on assigning copyrights, which made it difficult to correct unfair assignments. Therefore, the revised copyright law includes a provision that allows the copyright owner to demand a certain compensation (share of profits) when an unreasonable imbalance arises due to unexpected profits in a contract.

• Establishment of a ‘work for hire’ principle – ‘Creator’s Caution’

Under the current law, corporations and their employees created works based on the plan of the corporation, and the copyright was initially attributed to the corporation. Therefore, the revised copyright law stipulates that in the case of works for hire, the copyright initially belongs to the creator, and then is transferred to the corporation, and the corporation possesses the copyright, but the copyright regarding the artistic personality belongs to the creator.

• ‘Copyright Infringement’ for illegal link sites

The revised copyright law defines internet websites that primarily operate to provide links for accessing illegal copyrighted works as ‘operating such websites’ and ‘providing links’ as ‘acts of ‘copyright infringement’ – ‘creator’s caution.’

• Permission to copy and transmit for information analysis

The revised copyright law includes a provision to allow copying and transmission for information analysis using computers, in order to remove business operators’ uncertainties when using copyrighted works for artificial intelligence learning (deep learning) and big data analysis.

• Introduction of ‘Publisher’s Right’ (Rights of Publication)

The revised copyright law explicitly defines ‘publisher’s right’ as discussed in judicial precedents.

• Promotion of public interest in managing royalties – transparency in distribution and use, reduced criminal penalties and strengthened civil liability, and introduction of ‘prior resolution’ (prior dispute resolution) – the shift from ‘digital audio broadcasting’ to ‘digital broadcasting’

Thus, the key aspects of the revised copyright law proposal include: restoring balance between creators and users, strengthening the stability and predictability of copyright use, supporting the development of copyright-related industries and technologies, and reflecting changes in the shift to a non-face-to-face society.

In particular, the introduction of a ‘permission to copy and transmit for information analysis’ will help reduce legal uncertainties in ‘academic and commercial artificial intelligence development and big data analysis processes,’ and is expected to contribute significantly to the development of related industries. The industry is keenly watching the progress of the revised copyright law.

Law firm Veat possesses extensive experience in providing legal advice related to copyright laws, revised copyright laws, copyright infringement, and other matters. If you require legal advice on copyright laws, revised copyright laws, copyright infringement, or other related matters, please contact Law firm Veat.

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