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Name |
IP_Park |
Date |
2003/10/31 15:48:37 |
Homepage |
http://www.ippark.com |
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Copyright and Computer Program Protection
We have set out below the works protected under the Copyright Act and Computer Program Protection Act.
I. Copyright Act
The works protected under the Copyright Act refer to any work that belongs to the literary, scientific and artistic domain. This includes virtually the entire domain of man's intellectual and cultural activities.
The Copyright Act illustrates the kinds of protectable works according to the form of their expression as follows:
- Linguistic and literary works, including novels, poems, theses, lectures, narrations, plays, etc.;
- Musical works;
- Theatrical works, including drama, ballet and other types of dance, and pantomime;
- Paintings, calligraphic works, ornamental designs, sculptures, handicraft works, applied fine art pieces, and
..other fine art works;
- Architectural works, including architecture, architectural models and drawings;
- Photographic works including photographs and other works prepared by means similar to photography;
- Motion picture works;
- Maps, charts, design drawings, sketches, models, and other diagrammatic works; and
- Computer program works
According to Article 4-2 of Copyright Act, the computer program works are protected by other law (Computer Program Protection Act).
II. In order to register a copyright work in Korea, the following information and documents are necessary:
i) A description of the work in the prescribed form
(title, kind, form and quantity of the work, date of first publication or release, country where the work was first published, countries where the work was published within thirty (30) days of first publication, name author, contents of the work);
ii) A reproduction of the work or other materials which show the contents of the work, such as a drawing, a playbook, a photograph, etc.;
iii) Documents explaining the subject of registration;
iv) Documents evidencing a third party's consent of approval of registration, if necessary; and
vi) A Power of Attorney (to be simply signed)
III. Meanwhile, under the Korean Copyright Act and the Computer Program Protection Act;
1. Works of foreigners shall be entitled to protection under any treaties to which the Republic of Korea has acceded or concluded. However, the works of foreigners which are published before the effective date of the relevant treaties shall not be entitled to protection under such treaties.
2. Notwithstanding Paragraph 1, works of a foreigner who resides in the Republic of Korea (including a foreign corporation which has a main office in the Republic of Korea; the same shall apply in this Paragraph) and foreigner's work which are first published in the Republic of Korea (including works published in the Republic of Korea within thirty (30) days after being published in a foreign country) shall be entitled to protection under this Law.
3. If a country fails to grant protection to works of Korean citizens, protection for the work of a citizen of that country may be restricted in like manner even if the foreigner's work falls under the category of Paragraph 1 or Paragraph 2 above.
4. The copyright author's property rights shall subsist for a term of fifty (50) years after his death, as well as during his life, except as otherwise specifically provided in this Section. Provided, however, that the author's property rights in any work released more than forty (40) years but less than fifty (50) years after the author's death shall subsist for a term of ten (10) years after the release thereof, and the author's property rights in any co-authored work shall subject for a term of fifty (50) years after the death of the author who is last to die.
5. A program copyright shall exist for a term of fifty (50) years from its creation.
6. The Effect of Registration
The right of a copyright originates from the time a work of authorship is completed and the right of a computer program originates from its creation date.
When infringement against a copyright or computer program right occurs, the copyright or computer program holder may take civil or criminal action against any person who has intentionally or negligently infringed his copyright or computer program right. Any one who has infringed the registered copyright or computer program right of another shall be presumed to have been negligent in the commission of the infringing act.
Thus, the registrant of copyright or computer program can directly take civil or criminal action against the infringer of his right on the basis of the presumption of negligence, while the holder of non-registered copyright or computer program should prove the intention or negligence of the infringer when he takes any action against the infringement of his right. |
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