Copyright Act Article 111May 1, 2019

The provisions of Article 11 and Article 12 shall not apply in the following situations:

1.The copyright was obtained pursuant to the provisions of Article 10 or 11 of this Act prior to the implementation date of the June 10, 1992 amendment to this Act.

2.The copyright was obtained pursuant to Article 11 or 12 of this Act prior to the January 21, 1998 Copyright Act taking effect.

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Other Related Laws

Copyright Act Article 10May 1, 2019

The author of a work shall enjoy copyright upon completion of the work; provided, where this Act provides otherwise, such provisions shall govern.

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Copyright Act Article 11May 1, 2019

Where a work is completed by an employee within the scope of employment, such employee is the author of the work; provided, where an agreement stipulates that the employer is the author, such agreement shall govern.

Where the employee is the author of a work pursuant to the provisions of the preceding paragraph, the economic rights to such work shall be enjoyed by the employer; provided, where an agreement stipulates that the economic rights shall be enjoyed by the employee, such agreement shall govern.

The term 'employee' in the preceding two paragraphs includes civil servants.

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Copyright Act Article 12May 1, 2019

Where a work is completed by a person under commission, except in the circumstances set out in the preceding article, such commissioned person is the author of the work; provided, where an agreement stipulates that the commissioning party is the author, such agreement shall govern. "Where the commissioned person is the author pursuant to the provisions of the preceding paragraph, enjoyment of the economic rights to such work shall be assigned through contractual stipulation to either the commissioning party or the commissioned person. Where no stipulation regarding the enjoyment of economic rights has been made, the economic rights shall be enjoyed by the commissioned person. "Where the economic rights are enjoyed by the commissioned person pursuant to the provisions of the preceding paragraph, the commissioning party may exploit the work.

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