Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Copyright in Seongnam-si is governed by the national Copyright Act of the Republic of Korea. The law protects original literary, artistic, musical, cinematographic and other creative works, granting the author both economic rights and moral rights. Protection applies automatically on creation and does not require formal registration, although voluntary registration and recordation with local copyright bodies can help as evidence in disputes. Enforcement and dispute resolution are handled through Korea's civil and criminal courts and administrative agencies that serve Seongnam-si and the surrounding Gyeonggi-do region.
Copyright issues often involve technical legal concepts and high-stakes outcomes. Common situations where you may need a lawyer include:
- Infringement claims - if someone copies, distributes, performs or publicly transmits your work without permission, or if you have been accused of infringing someone else’s work.
- Licensing and contracts - drafting or negotiating licenses, assignments, collaboration agreements and terms of use to protect your rights and revenue.
- Employment and works-made-for-hire disputes - determining ownership where works are created by employees, contractors or collaborators.
- Online infringement - taking down infringing content on platforms, issuing takedown notices, preserving evidence and dealing with cross-border hosts.
- Enforcement and remedies - seeking injunctions, damages, account of profits, or criminal complaints for serious infringement.
- Complex valuation and damages issues - calculating actual damages or profits and advising whether to pursue settlement, mediation or litigation.
Key aspects of Korean copyright law that are particularly relevant in Seongnam-si include:
- Automatic protection - Copyright arises automatically when a work is created and fixed in a tangible form. No registration is required for protection, but voluntary registration or recordation can help prove authorship and date.
- Economic rights - The author has exclusive economic rights such as reproduction, adaptation, public transmission, distribution, rental and public performance. These rights can be licensed or transferred subject to statutory requirements.
- Moral rights - Authors retain moral rights, including the right to be identified as the author and to object to derogatory treatments of the work. Moral rights are treated separately from economic rights and are strongly protected.
- Duration - In general, copyright lasts for the life of the author plus a posthumous term. Some categories of related rights and works created for hire may have different terms. Check the specific rules that apply to your work.
- Exceptions and limitations - The law provides statutory exceptions for quotation, news reporting, education, research, lawful private use and other limited uses. Whether a use is permitted depends on the purpose, amount used and impact on the normal exploitation of the work.
- Assignment and licensing - Transfers of economic rights and exclusive licenses should be documented in writing. Clear written agreements reduce uncertainty about scope, duration, territory and remuneration.
- Enforcement - Remedies include injunctive relief, damages, destruction of infringing materials and seizure. Serious infringement may attract criminal prosecution with fines or imprisonment. Civil and criminal cases are handled by the courts and prosecutors that cover Seongnam-si.
- Administrative tools and takedown - Internet platforms and hosting providers operating in Korea respond to takedown requests. The Korea Copyright Commission and other bodies offer mediation and evidence-preservation services.
- Collective management - For certain rights such as music public performance and broadcasting, collective management organizations handle licensing and royalty collection on behalf of rightsholders.
Ownership generally vests in the author who created the work. If the work is created by an employee in the course of employment or under a specific written contract that assigns rights, the employer or commissioning party may own economic rights. For joint works, ownership is shared among co-authors according to their contributions unless otherwise agreed in writing.
No. Copyright protection in South Korea is automatic on creation. However, voluntary registration or recordation at recognized bodies is commonly used to create prima facie evidence of authorship and creation date, which can be useful in disputes.
Duration depends on the type of work and whether it is an individual or corporate work. For many works created by individuals, protection extends for the life of the author plus a posthumous term. Related rights and special categories may have different terms. If duration is critical for your matter, get advice that considers the exact category of the work.
Not without permission unless a statutory exception applies. For public performance, broadcasting, or commercial use you usually need a license from the rightsholder or the relevant collective management organization. For limited personal or educational uses, exceptions may apply, but the scope is narrow and fact-dependent.
Steps commonly taken include gathering and preserving evidence, sending a cease-and-desist or demand letter, requesting takedown from online platforms, seeking mediation through administrative bodies, and pursuing civil remedies such as injunctions and damages. In serious cases you may pursue criminal complaints through the police or prosecutors.
Available remedies can include injunctions to stop infringing acts, monetary damages including actual loss and infringer profits, statutory damages in some cases, seizure or destruction of infringing copies, and recovery of legal costs. Criminal penalties are also possible for willful infringement.
Computer programs are protected as literary works. Source code, object code, databases and website content can all be protected. Licensing terms and ownership must be clearly set out in development contracts or employment agreements to avoid disputes about who owns the code and how it can be used.
Moral rights protect the personal relationship between the author and the work, including the right to be identified as author and to prevent derogatory treatment. Moral rights are treated separately from economic rights and are strongly protected; they are not always transferable and cannot simply be ignored in agreements. A lawyer can advise how to handle moral-rights issues in contracts.
If your content is removed after a takedown notice, or if you discover infringing content online, document the page and communications, and use platform-specific takedown or counter-notice procedures. For persistent or large-scale infringement, engage a lawyer to preserve evidence, pursue takedowns efficiently, and consider litigation or criminal complaint if needed.
Key elements include a clear description of the rights granted, exclusivity or non-exclusivity, territory, duration, permitted uses, remuneration and payment terms, warranties and indemnities, termination conditions, and dispute-resolution mechanisms. Put the agreement in writing and consider registering assignments or licenses where beneficial for proof.
When seeking help with copyright issues in Seongnam-si, the following organizations and resources are commonly useful:
- Korea Copyright Commission - offers dispute mediation, voluntary recordation services and public education about copyright.
- Korean Intellectual Property Office - handles broader intellectual property policy and resources that can help with related IP questions.
- Collective management organizations - for music and performance rights, organizations that manage licensing and royalty collection on behalf of rightsholders.
- Local courts and prosecutors - civil and criminal enforcement are handled by district courts and the public prosecutors who have jurisdiction over the Gyeonggi-do region that includes Seongnam-si.
- Korea Legal Aid Corporation and municipal legal counseling services - offer low-cost or free legal advice in certain situations and can point you to qualified lawyers.
- Professional bar associations and lawyer referral services - help you find attorneys who specialize in copyright and intellectual property law.
If you believe you need legal assistance for a copyright matter in Seongnam-si, consider the following practical steps:
- Preserve evidence - capture screenshots, save original files, keep timestamps, and document how you discovered the infringement.
- Check written agreements - review any contracts, employment agreements or licenses that may define ownership or permitted uses.
- Consider early contact - a targeted cease-and-desist letter from a lawyer can stop many infringements quickly without full litigation.
- Seek specialist help - engage a lawyer with copyright and IP experience. Ask about their experience with local courts and administrative procedures.
- Explore alternative dispute resolution - mediation or administrative mediation may be faster and less costly than going to court.
- Be prepared to act - for serious or ongoing infringement you may need injunctive relief, preservation orders or criminal complaints, and timely legal action preserves your options.
Getting specialist legal advice early improves your chances of protecting your rights and achieving a cost-effective outcome. If you are unsure where to begin, contact a local IP lawyer or available legal-aid service to discuss your situation in detail.
