Government to Promote Comprehensive Revision of the Copyright Act

Reflecting Current Situations Such as Interactive Online-Based Development and Non-Face-to-Face Culture
Introduction of 'Expanded Intensive Management' and 'Adjustment Priority'
Legal Provisions to Be Detailed by Next Month, "Public Hearings by Sector Starting in September"

The government is pushing for a complete revision of the Copyright Act for the first time in 14 years. This is to reflect changes in the creative and usage environment and to correct the increasingly complex legal system.

The Ministry of Culture, Sports and Tourism announced on the 1st that it plans to finalize the amendment to the Copyright Act based on discussions by the “Copyright Act Complete Revision Research Team,” composed of academic experts and the Korea Copyright Commission. The amendment focuses on reflecting the current situation where the creation and use of copyrighted works are digital, and where works are extensively used due to the development of interactive online-based platforms.

A representative example is the introduction of “Extended Collective Licensing.” This system grants collective management organizations the authority to permit the use of works not entrusted to them. It is being considered for application in fields where copyrighted works need to be used rapidly and in large quantities, such as online music services or broadcasting content provision for video services, where it is difficult to verify and obtain permission for numerous copyrights and neighboring rights. An official stated, “This will establish a structure where businesses can safely and conveniently obtain copyright usage permissions, and copyright holders can receive usage revenues stably,” adding, “A supplementary measure will also be prepared to strengthen public interest by having public institutions use undistributed funds for copyright holders.”

The Ministry is also considering measures to relax the scope of penalties for non-profit and non-repetitive copyright infringements to prevent everyday use of copyrighted works from falling under criminal punishment risk. Additionally, it is consulting with related ministries on a tentative “mediation priority principle,” which would suspend investigations when going through the Korea Copyright Commission’s mediation procedures. An official said, “To balance the protection of rights holders, we plan to encourage civil resolution of copyright infringement disputes by strengthening civil compensation systems.”

The Ministry plans to introduce an additional compensation claim right. Even if a creator has transferred copyright to a user, if the revenue between the creator and the transferee becomes unbalanced, the creator will have the right to modify the contract or claim additional compensation. However, restrictions will be imposed, such as allowing claims only within a certain period to maintain the stability of copyright users.

The current Article 9 on “works made for hire,” where works published by corporations such as companies do not grant any rights to the creators, will also be improved. An official said, “We are discussing ways to balance the rights and interests of creators employed by corporations and the smooth use of works by corporations.” They added, “Cases of unauthorized use of the portraits and names of famous figures such as Hallyu celebrities are increasing,” and “We are considering introducing publicity rights (personal property rights).”

The amendment will also reflect the recent non-face-to-face culture highlighted by the spread of COVID-19. It will introduce copyright exemption provisions to allow free use of works during large-scale data analysis processes such as corpus utilization for AI development, and clearly define real-time video streaming over the internet as a concept under the Copyright Act. An official said, “Considering changes in educational environments such as online classes, we are consulting with related ministries on ways to pay compensation to copyright holders while facilitating smooth use of works.”

The Ministry plans to finalize the amendment by the end of this year after collecting opinions from experts in various fields, related ministries, individual creators, and copyright organizations. It will specify legal provisions by next month and hold more than three public hearings by sector starting in September to include practical content. An official said, “We will seize this opportunity to create a copyright usage environment suitable for the Fourth Industrial Revolution era and protect creators’ rights and interests, aiming to become a cultural economy powerhouse.”

This content was produced with the assistance of AI translation services.