Sunday, October 24, 2010

Facts and Figures on Copyright Three-Strike Rule in Korea

Notice: I think I have to clarify that the thirty-one individuals mentioned below were not suspended without any prior notice from the Copyright Commission.

Some articles referring to my blog indicated they were. For instance, here and here.

When I said no prior notice for the Commission’s recommendation, I meant to put an emphasis on the difference in the statutory requirement between the track by the Minister’s order and one by the Commission’s recommendation.

Currently, the Korea Copyright Commission has its own bylaw which imposes at least three times prior notice upon the recommendation of suspension. The thirty-one individuals had been suspended according to this bylaw. However, the Commission is free to amend the bylaw and switch to one-strike system.

1. Two Tracks to Implement the Three-Strike Rule

A. Suspension of a User Account or Shutting-Down of a Web Site by an Order of the Minister

Under Article 133bis of the Korea Copyright Act, the Minister of Culture, Sports and Tourism (“the Minister”) may, after deliberation by the Copyright Commission, order an ISP to take measures:
·         To suspend for a period shorter than six months an account provided by the corresponding ISP for a user when the user has been warned at least three times by the Minister in connection with an unauthorized reproduction or transmission of the copyright infringing material (Para 2); or
·         To shut down for a period shorter than six months a web site (“a bulletin board”) that has been ordered at least three times by the Minister to delete or block copyright infringing material (Para 4)