Quiz

The purpose of the Copyright Act is stated in Article 1 of the Copyright Act.

The definition of "work" in the Copyright Act is found in Article 2(1)(i) of the Copyright Act.

Numbers 1. and 2. are mere facts so these do not qualify as copyrighted works.

Number 4. is not a "creative" expression and does not qualify as a copyrighted work, since it is merely a recording of facts without room for the photographer's thoughts or sentiments to be expressed.

For a work to be corporate work, it must be created by an employee "in the course of duty" and be published under the name of the corporation or the like. Therefore, the case of publication under the name of an individual is not applicable. In the case of a program work, the name of the publication is not required, but the work must be created by an employee "in the course of duty" such as a corporation.

Number 3. does not meet the requirement.

Number 4. does not apply either, since the person is not engaged in the business of the corporation (Article 15).

A joint work is defined in Article 2(1)(xii) of the Copyright Act as a work that a person creates by translating, composing a musical arrangement of, reformulating, dramatizing, making a cinematographic adaptation of, or otherwise adapting a pre-existing work. As stipulated in Article 64 for moral rights and Article 65(2) for joint copyrights, one copyright owner cannot exercise their rights without the agreement of all the parties.

As stipulated in Article 18 of the Copyright Act, a publication right is the right of the author to decide when and in what form to publish their unpublished work, and others are not allowed to publish it without permission.

Trademark rights are defined in the Trademark Act.

A rent out right is "the exclusive right to make that work available to the public by renting out copies of the work" (Article 26-3).

Number 1. is incorrect because it says "by transfer".

Number 1. is a work for which the copyright protection term has expired or the copyright owner has abandoned their rights.

Number 3. is a mark like (C) with the copyright owner's information after the notice.

Number 4. means provisions in the Copyright Act that limit the rights of copyright owners based on certain requirements.

Therefore, number 2. is correct.

The protection term for phonograms is 70 years from the time of sound fixation (sound recording) after the time the phonogram is published (Article 101(2)(ii)).

The style of a drawing/painting is like an idea and is not copyrighted.

As stipulated in Article 32(1) of the Copyright Act, a copyrighted work must be a "published work".

Merely submitting the copyrighted work to the teacher by the student does not constitute "publication" (Article 4), so a user cannot cite the copyrighted work.

Article 35(1) of the Copyright Act provides for limitations on reproduction, public transmission, and public communication.

According to the Guidelines, "special activities" in elementary and secondary education fall under the category of "classes". Therefore, numbers 1. and 2. are "classes".

Since it is stated that open lectures at universities are also "classes" and number 3. is listed as an example that does not apply, number 3. is the correct answer.

For number 1., the limitation on the reproduction right under Article 35(1) can apply (Article 47-7 applies to the distribution of reproductions).

As for number 2., the Guidelines state that special activities in elementary and secondary education institutions are "classes" under Article 35(1), so cultural festivals are also "classes" and can be reproduced.

Regarding number 3., Article 35(1) cannot apply because circle activities at a university do not constitute "classes" under Article 35(1). In addition, since an admission fee is charged, the non-profit screening under Article 38(1) is also inapplicable, and the permission of the copyright owner is required.

As for number 4., Article 35(1) can apply since a part of the film is publicly transmitted within the online class. In addition, there may be room for a citation under Article 32(1).

As for number 1., it should originally be purchased and used, and it would unreasonably prejudice the interests of the copyright owner (proviso of Article 35(1)). Therefore, Article 35(1) cannot apply.

For number 2., the limitations on rights under Articles 35(1) and 38(1) can apply.

For number 3., the student's permission is required, as a user cannot cite unpublished papers (Article 32(1)).

As for number 4., in joint copyright, a co-owner cannot modify it without the agreement of the other co-owners (Article 64(1)). In a joint copyright, a co-owner cannot exercise the right without the agreement of the other co-owners (Article 65(2)).

Regarding number 2., some people believe that the inevitableness of citation is required, but the currently accepted view is that it is not an independent requirement. Article 32(1) requires that the citation be "consistent with fair practices and within a scope that is justified for the purpose of news reporting, critique, study, or other place in which the work is quoted", but does not require the inevitableness of citation.

Article 47-6(1)(ii) of the Copyright Act stipulates that a copyrighted work may be translated if it can be used under Article 32.

Public communication means public communications that work through a receiver (Article 23(2)). Therefore, number 3. is the correct answer.

Number 1. relates to reproduction and on-screen presentations.

Number 2. relates to reproduction and public transmissions.

Number 4. relates to a public transmission.

Regarding number 1., "the public" is defined to include not only unspecified persons but also "exclusive groups made up of many persons" (Article 2(5)). It is interpreted that a specific person and few persons do not constitute "the public".

As for number 2., public transmission within the same premises is excluded (Article 2(1)(vii-2) brackets). In addition, program works are considered public transmissions even within the same premises (Article 2(1)(vii-2) brackets, internal brackets).

As for number 3., an "automatic public transmission" is defined as an "automatic transmission in response to a request from the public" (Article 2(1)(ix-4)), and mainly includes transmissions that are uploaded to the Internet and viewed by a viewer at any point in time. Other examples include, for example, transmission to a karaoke box by a telecommunications karaoke operator.

As for number 4., "making transmittable" is defined as making a work available for automatic public transmission (Article 2(1)(ix-5)), and making a work available for transmission is also included in the public transmission right (Article 23(1)).

Making practice printouts by copying from a book that is supposed to be purchased for use, such as a test book, would unreasonably prejudice the interests of the copyright owner, as the student does not have to purchase the book to use the practice printouts.