'No Compensation Rules for Publishers When Copying Books for Education'... Constitutional Court Receives Unconstitutionality Review Request

[Asia Economy Reporter Seomideum] The constitutionality of a bill that provides compensation only to copyright holders, excluding publishers, when book content is copied for educational purposes is set to be determined.

According to the Korea Publishers Association on the 16th, the 11th Civil Division of the Seoul Western District Court requested a constitutional review from the Constitutional Court on the 15th regarding the constitutionality of Article 62 of the Copyright Act and related provisions.

Panorama of the Korea Publishing Culture Association
[Photo by Korea Publishing Culture Association]

The court stated that the relevant legal provisions fail to meet the requirement of minimal infringement because, despite the legitimacy of the legislative purpose, namely educational use, "they do not recognize any compensation for publishers, excessively restricting the property rights of publishers beyond the necessary minimum."

Furthermore, the court added, "While restricting the rights of both copyright holders and publishers concerning use for school education purposes, compensation regulations are established only for copyright holders, with no provisions for compensation for publishers, which appears to violate the applicant's right to equality."

Regarding this ruling, the Publishers Association stated, "The court has shown recognition that protecting the rights of publishers aligns with constitutional values," and added, "We hope that the rights of publishers and others will be protected through future amendments to the Copyright Act."

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