Copyright Act Article 80May 1, 2019

The provisions of Article 42 and Article 43 concerning the extinguishment of economic rights, and the provisions of Articles 44 through 48, Article 49, Article 51, Article 52, Article 54, Article 64, and Article 65 concerning limitations on economic rights, shall apply mutatis mutandis to plate rights.

Same Article Laws


Copyright Act Article 80-1May 1, 2019

Electronic rights management information made by a copyright owner shall not be removed or altered; provided, this shall not apply in any of the following circumstances: "1.Where removal or alteration of electronic rights management information of the work is unavoidable in the lawful exploitation of the work given technological limitations at the time of the act. "2.Where the removal or alteration is technically necessary to conversion of a recording or transmission system. "Whoever knows that electronic rights management information of a work has been unlawfully removed or altered shall not distribute or, with intent to distribute, import or possess the original or any copy of such work. He/She also shall not publicly broadcast, publicly perform, nor publicly transmit [the same].

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Copyright Act Article 80-2May 1, 2019

Technological protection measures employed by copyright owners to prohibit or restrict others from accessing works shall not, without legal authorization, be disarmed, destroyed, or by any other means circumvented.

Any equipment, device, component, technology or information for disarming, destroying, or circumventing technological protection measures shall not, without legal authorization, be manufactured, imported, offered to the public for use, or offered in services to the public.

The provisions of the preceding two paragraphs shall not apply in the following circumstances:

1.Where to preserve national security.
2.Where done by central or local government agencies.
3.Where done by file archive institutions, educational institutions, or public libraries to assess whether to obtain the information.
4.Where to protect minors.
5.Where to protect personal data.
6.Where to perform security testing of computers or networks.
7.Where to conduct encryption research.
8.Where to conduct reverse engineering.
9.Where to exploit works of others in accordance with the provisions of Articles 44 through 63 and Article 65.
10.Under other circumstances specified by the competent authority.

The content in the subparagraphs of the preceding paragraph shall be prescribed and periodically reviewed by the competent authority.

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Other Related Laws

Copyright Act Article 42May 1, 2019

Economic rights are extinguished upon expiration of the term of protection. Economic rights are also extinguished where any of the following circumstances occurs during the term of protection: "1.The economic rights holder has died and the economic rights, for that reason, divest by law to the national treasury. "2.The economic rights holder is a juristic person that has been extinguished and the economic rights, for that reason, divest by law to a local government.

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Copyright Act Article 43May 1, 2019

Except as otherwise provided by this Act, any person may freely exploit a work for which the economic rights have been extinguished. "Subsection 4 Limitations on Economic Rights

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Copyright Act Article 44May 1, 2019

Within a reasonable scope, central or local government agencies may reproduce the work of another person if it is considered necessary for internal reference for the purpose of legislation or administration; provided, this shall not apply where such reproduction would prejudice the interests of the economic rights holder due to the type and use of the work and the volume and method of reproduction.

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Copyright Act Article 45May 1, 2019

Within a reasonable scope, and for the sole purpose of use necessary to judicial proceedings, the works of another person may be reproduced. "The proviso of the preceding article shall apply mutatis mutandis to the circumstances set forth in the preceding paragraph.

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Copyright Act Article 46May 1, 2019

Within a reasonable scope, and where necessary for the purpose of teaching in schools, all levels of legally established schools and their teachers may reproduce the works of another person which have already been publicly released. "The proviso of Article 44 shall apply mutatis mutandis to the circumstances set forth in the preceding paragraph.

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Copyright Act Article 47May 1, 2019

Within a reasonable scope, and for the purpose of preparing pedagogical texts for which review and approval by an education administrative agency is required by act or regulation, or where an education administrative agency prepares pedagogical texts itself, the works of another person that have been publicly released may be reproduced, adapted, or compiled. "The provisions of the preceding paragraph shall apply mutatis mutandis to the preparation of supplementary teaching aids which are ancillary to the aforesaid textbooks and which are exclusively provided to teachers for teaching purposes; provided, this shall be limited to editing by the preparer of such textbooks. "Within a reasonable scope and for the purpose of meeting educational needs, all levels of legally established schools and educational institutions may publicly broadcast the works of another person that have been publicly released. "In the circumstances set forth in the preceding three paragraphs the exploiter of the work shall notify the economic rights holder and pay compensation for use. The level of compensation shall be set by the competent authority.

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Copyright Act Article 48May 1, 2019

Libraries, museums, history museums, science museums, art museums, and other cultural institutions open to the public may reproduce works in their collections in any of the following circumstances: "1.Where a patron requests reproduction of a part of a work that has been publicly released, or a single article from a seminar paper or a single article from a periodical that has been publicly released, provided that the copy is for personal research purposes and is limited to one copy per person. "2.Where necessary to preserve materials. "3.Where the works in question are out of print or difficult to purchase, and have been requested by another similar institute.

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Copyright Act Article 49May 1, 2019

When reporting current events by means of broadcasting, photography, film, newspaper, network, or otherwise, works that are seen or heard in the course of the report may be exploited within the scope necessary to the report.

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Copyright Act Article 51May 1, 2019

Within a reasonable scope, where for nonprofit use by an individual or a family, a work that has been publicly released may be reproduced by a machine that is either located in a library or is not provided for public use.

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Copyright Act Article 52May 1, 2019

Within a reasonable scope, works that have been publicly released may be quoted where necessary for reports, comment, teaching, research, or other legitimate purposes.

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Copyright Act Article 54May 1, 2019

Works that have been publicly released may be reproduced for use in examination questions on all kinds of examinations held by central or local government agencies and all levels of schools or educational institutions established in accordance with law; provided, this shall not apply to works that have been publicly released as examination questions.

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Copyright Act Article 64May 1, 2019

A person who exploits the work of another person pursuant to the provisions of Articles 44 through 47, Articles 48-1 through 50, Article 52, Article 53, Article 55, Article 57, Article 58, and Articles 60 through 63 shall provide a clear indication of the source of the work.

The 'clear indication of the source' referred to in the preceding paragraph shall indicate the name or appellation of the author in a reasonable manner, except where the work is anonymous or the author is not known.

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Copyright Act Article 65May 1, 2019

Fair use of a work shall not constitute infringement on economic rights in the work.

In determining whether the exploitation of a work complies with the reasonable scope referred to in the provisions of Articles 44 through 63, or other conditions of fair use, all circumstances shall be taken into account, and in particular the following facts shall be noted as the basis for determination:

1.The purposes and nature of the exploitation, including whether such exploitation is of a commercial nature or is for nonprofit educational purposes.
2.The nature of the work.
3.The amount and substantiality of the portion exploited in relation to the work as a whole.
4.Effect of the exploitation on the work's current and potential market value.

Where the copyright owner organization and the exploiter organization have formed an agreement on the scope of the fair use of a work, it may be taken as reference in the determination referred to in the preceding paragraph.

In the course of forming an agreement referred to in the preceding paragraph, advice may be sought from the specialized agency in charge of copyright matters.

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