[Law firm Veat TIP] Distinguishing Copyright and Ownership to Note in Practice

▶ In content transactions, it has been said that distinguishing copyright and ownership is important. Does selling content I created mean selling the copyright to that content? Or am I selling ownership? What is the difference between these two?​

Hello. Regarding content transactions, a very important matter is the distinction between copyright and ownership. Ownership is the right to exclusively use and dispose of a property. On the other hand, copyright is the right to exclusively utilize a work and profit from it. However, copyright is a right over intangible works and is distinguished from the ownership of tangible property.

▶ So, if an author sends a letter describing their life while expressing their thoughts and feelings, does the ownership and copyright of that letter go to the recipient?

No, that is not the case. For example, if a letter is sent and reaches the recipient, the recipient will have the ownership of the letter as a physical object, but the copyright to the content contained within it, that is, the creative work expressing the sender's thoughts and feelings, remains with the sender. Therefore, the party to whom ownership of the letter is attributed and the copyright to the letter's content are different. 

Case law also states that a work protected by copyright is a creation falling within the scope of literature, scholarship, or art (according to the definition provision of the Copyright Act prior to the 2006 revision), and that a simple greeting or notification of fact is not the subject of copyright, but that letters written by scholars or artists expressing their scholarly opinions or artistic viewpoints, as well as letters describing their lives while expressing their thoughts and feelings, are subject to copyright, and that in such cases, while the ownership of the letter itself is with the recipient, the copyright of the letter usually remains with the sender who wrote the letter, clarifying this point. ([Case] Seoul District Court, June 23, 1995, Judgment No. 94Ka-hap9230 (nicknamed, ‘Lee Hwiso’) Lower Court Judgment Collection 1995-1, page 323.)

▶ How should we resolve cases where it is difficult to distinguish copyright and ownership?

 Copyright and ownership are rights that should be distinguished, but in actual practice, these two are often confused. Even lawyers sometimes give incorrect advice due to a lack of understanding of the Copyright Act. To prevent such confusion, it is important to seek advice from a specialized attorney who is well-versed in copyright law. In particular, when a copyright is recorded in a specific medium only, legal advice is essential because copyright and ownership are embodied in a single subject.

To prevent confusion that can arise from the complex distinction between copyright and ownership, and to proceed with content transactions safely, please contact the Technology Intellectual Property (TIP) team of Law firm Veat, which is composed of experts led by a former Chairman of the Korea Copyright Committee. The TIP team, with its deep expertise and practical experience in copyright and intellectual property law, will provide strategic approaches to protect your intellectual property, resolve legal disputes, minimize legal risks, and help you effectively utilize your creations.

Thank you.
Law firm Veat