Copyright Act Article 90-4May 1, 2019 |
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An Internet service provider shall be entitled to the application of Article 90sexies to Article 90novies regarding the limitation on liability only if the service provider— "1. by contract, electronic transmission, automatic detective system or other means, informs users of its copyright or plate right protection policy, and takes concrete action to implement it; and "2. by contract, electronic transmission, automatic detective system or other means, informs users that in the event of repeat alleged infringements up to three times the service provider shall terminate the service in whole or in part; and "3. publicly announces information regarding its contact window for receipt of notification documents. "4. accommodate and implement the technical measure described in paragraph 3. "A connection service provider that, after receiving notification by a copyright holder or plate rights holder of alleged infringement by a user, has forwarded the notification to that particular user by electronic mail is deemed to have met the requirement in the preceding paragraph, subparagraph 1. "If a copyright holder or plate rights holder has provided technical measures which have been developed based on a broad consensus and are used to identify or protect copyrighted or plate-righted works, the Internet service provider shall accommodate and implement the measures if the technical measures has been ratified by the competent authority. |
Copyright Act Article 90May 1, 2019 |
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Each holder of copyrights in a joint work may, pursuant to the provisions of this chapter, separately demand remedies from the infringer, and may also claim damages based on its share of copyright ownership. "The provisions of the preceding paragraph shall apply mutatis mutandis to joint holders of economic rights and plate rights that arise out of other relationships. Details > |
Copyright Act Article 90-1May 1, 2019 |
A copyright holder or plate rights holder may apply to the customs authorities to suspend the release of import or export goods that infringe on their copyright or plate rights. "The application referred to in the preceding paragraph shall be filed in writing, shall state the facts of the infringement, and shall include a bond in an amount equivalent to the import customs value or the export FOB value of the goods, as assessed by customs, to serve as a security to offset the loss suffered by the party whose goods are subject to attachment. "Customs shall immediately inform the applicant when processing an application to suspend the release of goods. Where Customs determines that the conditions in the preceding paragraph have been met and issues an attachment order, it shall give written notification to the applicant and to the party whose goods are attached. "The applicant or the party whose goods are attached may apply to the customs authorities for permission to inspect the attached goods. "Attached goods shall be confiscated by the customs authorities where the applicant has obtained a final and unappealable civil judgment determining that the goods infringe on copyright or plate rights. The owner of the attached goods shall be held liable for such costs as container demurrage, warehousing, loading, unloading, as well as for expenses connected with destruction of the goods. "If the expenses connected with destruction of the goods referred to in the preceding paragraph are not paid within the period prescribed by customs authorities, the claim shall be enforced through compulsory execution. "In any of the following circumstances, an attachment order shall be rescinded by the customs authorities and the attached goods shall be processed in accordance with applicable import and export regulations; in addition, the applicant shall compensate the party whose goods were attached for damage incurred on account of the attachment: "1.The attached goods have been determined to be non-infringing of copyright or plate rights by a final and unappealable court judgment. "2.Within twelve days of the date on which the applicant is informed of the attachment, the customs authorities have not received notification from the applicant indicating that it has initiated litigation proceedings alleging that the attached goods are in infringement. "3.The applicant applies to rescind the attachment. "The period referred to in subparagraph 2 of the preceding paragraph may be extended by another twelve days if customs authorities deem it necessary. "Customs authorities shall return the bond upon the applicant's request in any of the following circumstances: "1.There is no need to continue posting the bond either because the applicant has obtained a final and unappealable judgment in its favor or because the applicant has reached a settlement with the party whose goods were attached. "2.The attachment order has been rescinded and the applicant can prove that at least the required twenty days have elapsed since the applicant notified the party whose goods are subject to the suspension of release to exercise its rights and such party has failed to exercise its rights. "3.The party whose goods were attached agrees to the return. "A person whose goods have been attached shall have the same rights as a pledgee with respect to the bond referred to in the second paragraph of this article. "When the customs authorities, in the course of executing their duties, discover import/export goods that in appearance are obviously suspect of copyright infringement, they may within one business day notify the rights holder and notify the importer/exporter to produce authorization materials. After receiving notice, the rights holder shall proceed to customs within four hours for air export goods and within one business day for air import goods and sea import/export goods to assist with verification. Where the rights holder is unknown or cannot be notified, or the rights holder fails to proceed to customs within the time limit as notified to assist with verification, or the rights holder determines that the goods in question are not infringing, and if there is no violation of other customs clearance regulations, customs shall release the goods forthwith. "Where the goods are determined to be suspected infringing goods, customs shall take measures to suspend the release of the goods. "If within three business days after customs has taken measures to suspend the release of the goods the rights holder has not applied to customs for attachment under paragraphs 1 to 10, or has not initiated civil or criminal litigation procedure to protect the rights, and if there is no violation of other customs clearance regulations, customs shall release the goods forthwith. Details > |
Copyright Act Article 90-10May 1, 2019 |
An Internet service provider shall not be liable for damages to the allegedly infringing user if the service provider— "1. removes, or disables access to, the allegedly infringing content or related information in accordance with Articles 90septies to 90novies; or "2. upon obtaining knowledge of suspected infringement by the user, acts in good faith belief to remove, or disable access to, the allegedly infringing content or related information. Details > |
Copyright Act Article 90-11May 1, 2019 |
A person who misrepresents an Internet service provider with a notification or counter notification out of intention or negligence shall be liable for damages for any injury incurred on the user, copyright holder, plate right holder or Internet Service Provider. Details > |
Copyright Act Article 90-12May 1, 2019 |
The information in connection with the public announcement of the contact window under Article 90quinquies, and the content of the notification and counter notification, required particulars, supplementation or correction, and other requisite matters under Articles 90septies through 90decies shall be prescribe by the competent authority. Details > |
Copyright Act Article 90-2May 1, 2019 |
The implementing regulations for the preceding article shall be prescribed by the competent authority in consultations with the Ministry of Finance. Details > |
Copyright Act Article 90-3May 1, 2019 |
Whoever violates any provision of Article 80bis or Article 80ter, thereby causing damage to the copyright owner, shall be liable for damages. If there are multiple violators, they shall bear joint and several liability for damages. "The provisions of Article 84, Article 88bis, Article 89bis, and Article 90bis shall apply mutatis mutandis to violations of Article 80bis or Article 80ter. Details > |
Copyright Act Article 90-5May 1, 2019 |
A connection service provider shall not be liable for damages for infringement of the copyright or plate rights of another by a user of its service if— "1. the transmission of the information was initiated by or at the request of the user; and "2. the transmission, routing, provision of connections, or storage is carried out through an automatic technical process, without any selection of the material or modification of its content by the connection service provider. Details > |
Copyright Act Article 90-6May 1, 2019 |
A caching service provider shall not be liable for damages for infringement of the copyright or plate rights of another by a user of its service if— "1. the service provider does not make any modification to the cached information; "2. when the person who made the original information available subsequently update, deletes, or blocks access to it, the cached information is done in the same way as a result of an automatic technical process; and "3. the service provider responds expeditiously to remove, or disable access to, the allegedly infringing content or related information upon notification by a copyright holder or plate rights holder of the alleged infringement by the user of the service provider. Details > |
Copyright Act Article 90-7May 1, 2019 |
An information storage service provider shall not be liable for damages for infringement of the copyright or plate rights of another by a user of its service if the service provider— "1. does not have knowledge of the allegedly infringing activity of the user; "2. does not receive a financial benefit directly attributable to the infringing activity of the user; and "3. responds expeditiously to remove, or disable access to, the allegedly infringing content or related information upon notification by a copyright holder or plate rights holder of the alleged infringement by the user of the service provider. Details > |
Copyright Act Article 90-8May 1, 2019 |
A search service provider shall not be liable for damages for infringement of the copyright or plate rights of another by a user of its service if the service provider— "1. does not have knowledge that the searched or linked information may be infringing; "2. does not receive a financial benefit directly attributable to the infringing activity of the user; and "3. responds expeditiously to remove, or disable access to, the allegedly infringing content or related information upon notification by a copyright holder or plate rights holder of the alleged infringement by the user of the service provider. Details > |
Copyright Act Article 90-9May 1, 2019 |
An information storage service provider shall forward notice to the allegedly infringing user of any measures taken under Article 90-7, subparagraph 3, by the contact method stipulated between the service provider and the user or by the contact information left by the user. However, this requirement shall not apply if the nature of the service provided makes such notice impossible. If a user referred to in the preceding paragraph believes that the materials were not involved in infringement, the user may submit counter notification documents to the information storage service provider with a request to restore the removed content or related information or restore the access to it. Upon receipt of a counter notification described in the preceding paragraph, an information storage service provider shall expeditiously forward such documents to the copyright holder or plate rights holder. If, within 10 business days since one day after the date of receiving counter notification from the information storage service provider as described in the preceding paragraph, the copyright holder or plate rights holder provides the information storage service provider with evidence regarding filing civil or criminal litigation against the user, the information storage service provider shall not bear any obligation to restore the content or related information. If the copyright holder or plate rights holder fails to provide evidence on filing litigation in accordance with the preceding paragraph, the information storage service provider shall, within no more than 14 business days since one day after the date of forwarding the counter-notification documents, restore the removed content or related information or restore the access to it. However, if restoration is impossible, the service provider shall notify the user in advance, or provide another appropriate method by which the user may restore it. Details > |
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