Annual Report on 2015 Copyright in Korea ON COPYRIGHT IN KOREA 2015 ANNUAL REPORT Culture, Sports and Tourism Sports and Tourism Culture, of the Minister from A Message KOREA COPYRIGHT WHITE PAPER 2015 Opening message At the same time, we strengthened the domestic and overseas copyright protection and international cooperative networks to respond to new types of copyright infringement occurring with the development of digital technology. The period of access block to illegal foreign websites that are breeding grounds for copyright infringement has Congratulations on the publication of the 2015 Annual Report on Copyright. been reduced from three months to two weeks. Efforts have been taken to prevent the distribution of illegal reproductions, including planned investigations for illegal As cultural contents are creating diverse goods by converging with other fields, they links. Meanwhile, the Ministry has established a hotline between Korean and Chinese are emerging as a driving force for economic growth. Accordingly, the economic and businesses to promptly delete any illegal reproductions distributed overseas. The FTA industrial value of created works are growing, thus drawing attention to the significance procedures with China and Vietnam have been completed and we have solidified the of copyright. foundation for our copyrighted works to be protected. As the copyright industry is becoming a prospective future growth engine with higher Furthermore, various types of customized copyright education and promotions added value, its impact on the development of the nation is increasing. It is thus very targeting youth, cultural artists, and small and medium-sized enterprises (SMEs) were meaningful that the annual report is being published to organize and evaluate the results carried out actively to enhance public awareness on copyright. The copyright education of policies conducted by the government, and to utilize it as a reference point to establish in schools was especially strengthened, expanding the contents on copyright in textbooks proper future copyright policies. for elementary, middle, and high schools. A campaign was conducted to settle the culture of proper use of copyright, developing a new copyright brand, ‘BandeutⒸ.’ For our contents, which are spreading worldwide, to be recognized for their true value and secure competitiveness, we need to establish an environment for smooth distribution Recently, the "Fourth Industrial Revolution," led by artificial intelligence, big data, etc. and protection of contents. It would be crucial to build a copyright ecosystem for the has been receiving increasing attention. To cope with this "Fourth Industrial Revolution" coexistence of creators and users. successfully, creativity and intellectual property based on convergence technology are the most essential requirements. We will thus need to create an environment that protects The Ministry of Culture, Sports and Tourism has carried out various policies to create a copyright and intellectual property rights effectively, in order for intellectual properties copyright ecosystem that harmonizes copyright protection and active use of copyrighted including new contents to be created and compensated according to what they deserve, works in 2015. As a result, there have been some outstanding achievements. and to lead to a new, creative industry. To afford better treatment to creators and promote their rights and interests, we have The Ministry of Culture, Sports and Tourism will continue to support the continuing reorganized the copyright system, strengthened support in the field, and adjusted the growth and development of the contents industry, and strive to create a healthy copyright music transmission royalties for rights holders so that it increased by 17 to 91 percent. ecosystem. I hope that this Annual Report, containing much information on copyright- The MCST supported the expansion of legal advice and copyright education so that related policies conducted this year and other valuable material, will play an important cultural artists can protect the right to create on their own. role in preparing for the new era. In addition, the MCST has expanded the creative common license to secure a basis for the public to use copyrighted works conveniently. The copyrighted works possessed by November 2016 the government, local entities, and public institutions are widely open to the public (3 million → 4.9 million works) so that they can serve as the foundation for creating new Cho Yoonsun contents and businesses in the private sector. The compensation standard for course Minister of Culture, Sports and Tourism support has been prepared to reduce the time and cost for permission to use copyrighted works, thereby providing high-quality education. 2 3 A Message from the Minister of Culture, Sports and Tourism 2 Introduction to Government and Public Institutions 8 I. Ministry of Culture, Sports and Tourism 8 II. Korea Copyright Commission 13 III. Copyright Protection Center 16 CONTENTS Introduction to the Copyright Act of Korea 19 2015 Annual Report I. History of the Copyright Act of Korea 20 on Copyright in Korea II. Overview of the Copyright Act of Korea 23 III.Key Points of Amendments Made in 2015 29 IV. International Trade Activities and Status of Membership of International Treaties 31 V. Major Legal Cases on Copyright 41 Copyright Protection Activities 47 I. Responses to and Crackdowns on Copyright Infringements 48 II. Copyright Education and Public Awareness Programs 63 III. Copyright Protection Technology 81 Facilitation of the Use of Copyrighted Works 75 I. Creation of an Environment for the Efficient Use of Copyrighted Works 76 II. Creation of an Environment for the Fair Use of Copyright 94 Copyright Collective Management Organizations 89 I. Creation of an Environment for the Efficient Use of Copyrighted Works 90 II. Creation of an Environment for the Fair Use of Copyright 107 Appendices 138 I. Overview 132 II. Current Status 134 III. Copyright Statistics 158 5 Introduction to Government and Public Institutions Ⅰ. Ministry of Culture, Sports and Tourism 1. Organization and History 2. Policy Vision and Strategies for 2015 Ⅱ. Korea Copyright Commission 1. General Facts 2. Organizational Chart Ⅲ. Copyright Protection Center 1. General Facts 2. Organizational Chart ON COPYRIGHT IN KOREA 2015 ANNUAL REPORT and Public Institutions Government to Introduction Ministry of Culture, Sports and Tourism regional offices in major cities of Korea (Seoul, Busan, Daejeon, Gwangju and Daegu) Ⅰ. and their major responsibility is to crack down on illegal copyright infringements. The history of structural reorganization with respect to copyright policy within the MCST is shown as follows: History of Structural Reorganization Concerning Copyright July 1968 Copyright administration transferred from the Ministry of Education and Tourism Sports of Culture, Ministry Dec. 1987 Copyright Division established within the Ministry of Culture and Public Information Copyright Division transferred from the Culture Policy Bureau to the culture Industry Aug. 2005 Bureau Following a government reorganization, name changed from “Copyright Division” to July 2006 1 Organization and History “Copyright Team” May 2007 Copyright Team Copyright Team enlarged and divided into Copyright Policy Team and copyright Industry May 2007 Team Currently, the government ministry in charge of the formulation and enforcement of Feb. 2008 The position of “Copyright Policy Directorate General” established copyright policies in Korea is the Ministry of Culture, Sports and Tourism (hereinafter Computer program protection-related affairs transferred from the Ministry of Information referred to as “MCST”). The MCST has established copyright policies and implemented Mar. 2008 and Communication to the MCST a wide range of activities related to copyright protection since 1987. Following several Copyright Protection Team established organizational reshuffles, the MCST currently has three copyright-related divisions Aug. 2008 Trade Cooperation Team established in the Copyright Policy Bureau (Copyright Policy Division, Copyright Protection Division, Copyright Industry Division) Jan. 2009 Trade Cooperation Team established and Culture and Trade Team. Trade Cooperation Team integrated into Copyright Policy Division, ’Copyright protection Team‘ May 2009 promoted to ’Copyright Protection Division‘ With the advent of the digital network era, the creation, distribution, and usage of Trade Cooperation Team integrated into Copyright Policy Division copyrighted works have become more diverse, leading to an increased demand for Culture and Trade Team established in the Copyright Policy Bureau Aug. 2012 and functions of related policies, as well as the enlargement of related divisions. Culture & Trade Team established Initially there was only one division handling copyrigh t-related matters when such Below is the current organizational chart with respect to copyright policymaking work came under the control of the Ministry of and implementation. Culture, Sports and Tourism (then known as the “Ministry of Culture and Public Information.” Approximately 20 years thereafter, it grew to have three divisions and one team in charge of copyright matters and the number of staffs also increased from 10 to about 60. The human resource increase is primarily attributable to the appointment of a corps of copyright special judicial police officers. These police officers are assigned to 8 9 ON COPYRIGHT IN KOREA 2015 ANNUAL REPORT