Copyright
Overview
Copyright is a legal right granted to authors who create works such as literature, music, art, video, and computer programs. Copyright law aims to protect the moral and economic interests of authors, encourage creative activity, and thereby contribute to cultural development. With the advancement of digital technology and the widespread use of the internet, the importance of copyright has grown even further, and the regulation of various acts of use such as reproduction, transmission, and transformation has become increasingly complex.
Main Content
Subject Matter and Types of Copyright
Copyright arises in relation to 'works'. A work means a creative expression of human ideas or emotions, and includes literary works such as novels, poems, and academic papers; musical works; dramatic works; artistic works; architectural works; photographic works; cinematographic works; graphical works; and computer program works. Copyright is broadly divided into moral rights and economic rights. Moral rights include the right of disclosure, the right to indicate authorship, and the right to maintain integrity, and protect the author's personal interests. These rights are personal to the author and cannot be transferred. Economic rights consist of the right of reproduction, performance, public transmission, exhibition, distribution, rental, and the right to create derivative works, and they serve as the basis for generating economic benefits, as the author may exploit them or transfer or license them to others.
Term of Copyright Protection
The term of protection generally lasts for the lifetime of the author plus 70 years after death. For joint works, it is 70 years after the death of the last co-author; for anonymous or pseudonymous works, 70 years after publication; and for works made for hire, 70 years after publication (or 70 years after creation if not published). Once the term expires, the copyright lapses and the work enters the public domain, allowing anyone to use it freely. However, certain moral rights, such as the right to maintain integrity, are not subject to a term limit and may be protected permanently; provisions to protect the author's honor or reputation may also apply after the author's death.
Limitations on Copyright and Fair Use
If the exclusive rights of copyright holders were exercised without limit, the free flow of information or educational and cultural development could be hindered. Therefore, the law limits copyright in certain cases. Representative examples include judicial proceedings, school education purposes, library preservation, and news reporting. In addition, Korean copyright law includes a 'fair use' provision, allowing use without the copyright holder's permission if certain conditions are met. Criteria for determining fair use include the commercial or non-commercial nature of the use, the nature of the work, the amount and substantiality of the portion used, and the effect on the market. It is similar to the fair use concept in the United States, but Korea has a more restrictive fair use provision. In the digital environment, whether reviews, parodies, thumbnails, and the like are recognized as fair use is a subject of debate.
Copyright Infringement and Remedies
Copyright infringement refers to reproducing, performing, publicly transmitting, distributing, renting, or creating derivative works from a work without the copyright holder's permission. In the event of infringement, remedies such as civil claims for damages, injunctions to stop or prevent infringement, and measures to restore reputation may be sought. As criminal sanctions, imprisonment or fines may be imposed for the distribution of illegal copies. Damages are generally calculated based on the actual loss suffered by the copyright holder, the profits gained by the infringer, or statutory damages. Recently, the distribution of illegal copies online has emerged as a major issue, and administrative measures such as blocking websites, tracking uploaders, and imposing fines are also being implemented.
Copyright and Technological Protection Measures
To technically protect copyright in the digital environment, technological protection measures such as DRM (Digital Rights Management), watermarks, and access controls are used. Copyright law prohibits circumventing these technological protection measures. However, concerns have been raised that excessive technological protection measures may block legitimate uses by users (e.g., private copying, fair use). Some countries provide exceptions to protect users' rights.
Recent Trends
The biggest change in the copyright field in 2024-2025 is the spread of generative artificial intelligence (AI). Active discussions are underway regarding whether outputs created by AI can be granted copyright, the legality of using copyrighted works in AI training, and legal liability for AI-generated content. In 2024, the Seoul High Court saw the country's first copyright registration dispute over an image created by generative AI, and the court ruled that copyright is recognized only when there is human creative intervention. As of 2025, amendments to the Copyright Act, including provisions to limit copyright for AI training, have been proposed in the National Assembly, with the key issue being whether to allow 'text and data mining' (TDM). In addition, class-action lawsuits against global companies over AI model training are underway in the United States and elsewhere, and Korea is also at a point where social consensus is needed.
Also, regarding music copyright, the globalization of K-content has led to reforms in the overseas royalty collection and distribution systems, and research on copyright protection in the metaverse and virtual worlds is becoming more active. The European Union (EU) is implementing the Digital Single Market Copyright Directive and strengthening the responsibilities of online platforms. South Korea also strengthened measures through the 2024 revision of the Copyright Act, such as notices requiring communication service providers to block pirate sites and enhanced protection for real-time broadcast copyright.
Related Topics
- [[Copyright law]]
- [[Fair use]]
- [[Moral rights]]
- [[Economic rights]]
- [[Public domain]]
- [[Digital rights management]]
- [[Generative AI and copyright]]
- [[Korea Copyright Commission]]