Copyright

Contribution of piracy to the purchase of copyrighted contents

Piracy is a political term used to label to every unauthorized use of copyrighted content as “illegal looting,” and to justify strengthened copyright enforcement . The copyright industries, including MPAA, BSA and IFPI, have estimated huge economic harms caused by piracy. Yet some literature show piracy having a positive effect on legal purchases of cultural …

COVID-19 and Open Access

The spread of Coronavirus was discovered by collaborations of researchers not by researchers’ competition or race to monopoly right. Unlike intellectual property rights on health technologies, copyrighted materials which are related to COVID-19 have been widely and voluntarily shared. This open access movement is expanded to other materials such as online educational materials and distance …

A task of copyright law for the protection of creative labor

Abstract If the paradoxical reality that copyright system which is supposed to protect individual creators serves to exploit creative labor is left unattended, the copyright system is hard to sustain. In order to alleviate the exploitation of creative labor, we need to revise the existing Copyright Act to codify measures warranting fairness rather than freedom …

Copyright L&E for nonprofit performance of music, found constitutional

The Constitutional Court of Korea upheld Art. 29(2) of the Copyright Act as constitutional (2016HunMa1115 & 2019HunGa18, November 28, 2019). The Art. 29(2) permits a public performance of commercial phonograms and audiovisual works if no profit is received in return from audience, excepting cases as prescribed by the Presidential Decree. This provision has long been …

Administrative enforcement of IP: Lessons of KORUS for RCEP

Border Measures KORUS grants a power to the customs authorities to suspend release of suspected counterfeit or pirated goods into free circulation when a right holder requests to do so with “adequate evidence”. The suspension should be applied to “all points of entry to its territory” and remain applicable for at least one year. While …

Stop Internet Censoring

We have seen many attempts to censor the Internet under the pretext of copyright protection. Notorious attempts are SOPA and PIPA of 2012, which triggered the largest online protest in history and was eventually withdrawn, and ACTA, a plurilateral trade deal killed by the European Parliament in 2012. Now, Korean government tries to enact a much stronger internet censoring rule. …

Criminal Enforcement of Copyright and Unintended Consequences

Soon after the signing of the Korea-US FTA (“KORUS”) in June 2007, South Korea experienced a dramatic increase of complaints of copyright crime from 2007. Around one hundred thousands of persons were accused of copyright infringement in a year, and juvenile’s victims occupied 24% in 2008.[1] But the actual indictments by the prosecutors were very small: from …

Changes induced by open-ended fair use clause: Korean experiences

[Also posted at http://infojustice.org/archives/37215] South Korea has a civil law tradition based on the modern European civil law systems. The civil law tradition was one of the obstacles when civil societies and lawmakers tried to introduce flexible and open-ended fair use exceptions into the Korean Copyright Act (“KCA”) in 2005 and 2009. According to opposers, the …

Problems of the Copyright Act as Amended to Implement Free Trade Agreements

Abstract This article delves into the Copyright Act as amended to implement the Korea-EU and the Korea-U.S. Free Trade Agreements and reveals inconsistency between them and several provisions of FTAs not being reflected into the Copyright Act. Further the U.S. Copyright Act and Criminal Act are reviewed to show how the U.S. fails to take …