SOUTH KOREA Law and Practice Contributed by: Dongju Kwon, Chulgun Lim, Sejung Lee and Yoon Sun Kim, Yoon & Yang LLC
Fixation is not required for copyright protection, and unrecorded improvisations can be protect - ed. 3.3 Copyright Authorship Authorship An “author” is the person who created the work under the CA; those who assisted in or provided the driving force for the work’s creation are not authors. The authorship is presumed if a person whose real name or well-known pseudonym is commonly indicated as the author’s name on the work or public performance or transmission of the work. Work for Hire and Corporate Authorship A “work for hire” is created by a person engaged by an employer under the employer’s initiative. However, a work created by an employee does not qualify as a work for hire if it is created beyond the employee’s work scope without the employer’s initiative, supervision or control. Any entity may qualify as the author if the work is a “work for hire” published in their name, and the employment agreement or rules do not provide otherwise. Work Not Created by a Human There are currently no explicit regulations or court precedents on whether a work created by AI software or animals may qualify as a copy - rightable work. However, the Korea Copyright Commission (KCC) has stated that AI outputs do not qualify as works of authorship and therefore cannot be registered. Joint Authorship A joint work is created when the contributions of two or more persons combine to form an insepa - rable work. It must meet the following require - ments:
• two or more authors contributed to the crea - tion of the work; • the authors intended to jointly create the work (ie, joint authors); and • the contribution of each author cannot be separately exploited. Moral rights and economic rights in a joint work may be exercised only by the unanimous con - sent of all joint authors. A joint author cannot transfer or encumber their rights in the joint work without the consent of the other joint author(s), which must not be withheld in bad faith. How - ever, a joint author may seek injunctive or pre - cautionary remedies for the joint work without the consent of the other joint author(s). The profit distribution from the exploitation of a joint work can be determined by the agree - ment of the joint authors; otherwise, profits are distributed based on the proportion of the con - tributions of the joint authors. If such proportion is unclear, it is presumed to be equal. 3.4 Copyright Rights Economic Rights The CA gives the copyright owner the economic right to: • reproduce the copyrighted work; • perform the copyrighted work publicly; • publicly transmit the copyrighted work; • publicly display originals or copies of archi - tectural works, works of fine art or pictorial works; • distribute originals or copies of the copy - righted work; • lease phonograms published for commercial purposes; and • create derivative works from the copyrighted work by means of translation, adaptation, arrangement or video production.
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