What is Copyright?

Definition

Copyright is the right to protect someone's creative work. Simply put, it's the rule that what I create is mine, and others can't use it without permission. Like how a friend can't take your drawing without permission and submit it to an exhibition under their name.

The scope of creative works is very broad. It includes novels, poems, paintings, photos, music, movies, games, software, architecture, and even dance choreography. YouTube videos, blog posts, and Instagram photos all receive copyright protection. Without any special application or registration, copyright automatically exists the moment a work is completed.

Copyright exists to protect creators. Without copyright, someone could copy a movie that took years to make and profit from it. If composers' songs could be freely used by anyone, composers couldn't make a living. Copyright ensures creators receive fair compensation for their work and helps more people engage in creative activities.

Features

• Automatically generated - Copyright exists the moment a work is completed. Unlike patents or trademarks, no separate registration or application is needed. The moment you draw on paper, take a photo with your smartphone, or write on a computer, it becomes copyrighted work and receives protection.

• Includes multiple rights - Copyright isn't a single right but a bundle of rights including reproduction rights (to copy), distribution rights (to share), performance rights (to publicly display), transmission rights (to send over the internet), and derivative work rights (to adapt or transform).

• Protected for a specific period - Copyright doesn't last forever. In Korea, it's protected during the creator's lifetime plus 70 years after death. After this period, it becomes 'public domain' and anyone can use it freely. For example, Shakespeare's works and Beethoven's music already have expired copyrights and are free to use.

• Can be transferred or licensed - Copyright holders can sell their rights to others (transfer) or grant permission to use them (license). Authors give publishers the right to publish books, or musicians give game companies permission to use music.

• Infringement carries legal consequences - Copyright infringement requires civil damages, and sometimes criminal punishment. Fines or imprisonment are possible, and all profits from infringement may need to be compensated.

How to Use

Understanding and properly using copyright helps avoid legal problems and protects your own creative works.

To protect your creative works, first keep evidence. While copyright is automatic, if disputes arise later, you need to prove you created it first. Save with dates displayed, email to yourself, or upload to the cloud. For important works, you can register with the Korea Copyright Commission.

When using others' works, always get permission. If you want to use a photo, contact the copyright holder for permission. Explain specifically whether it's commercial or personal use and how you'll use it. If you receive permission via email or message, save that communication.

Use free works - You can use public domain works with expired copyright, or Creative Commons (CC) licensed works where copyright holders allow free use. Sites like Unsplash and Pixabay provide freely usable images. YouTube Audio Library has free music. However, always check each site's terms of use.

How to display copyright - Display as '© (copyright symbol) + year + copyright holder name'. For example, '© 2025 John Doe'. While not legally required, it clearly indicates the work is copyright protected.

Understanding fair use boundaries is also important. For purposes like education, research, criticism, and reporting, copyrighted works can be used to a limited extent. For example, capturing short scenes for a movie review might be allowed. However, since 'fair use' standards are ambiguous, getting copyright holder permission when possible is safer.

When creating contracts, clearly specify the scope of rights - which rights (reproduction only? distribution? modification?), which territories (Korea only? worldwide?), how long (1 year? perpetual?), exclusive or non-exclusive. Being vague can cause disputes later.

Examples

Example 1: Using Music in YouTube Videos You're making a travel vlog and want atmospheric background music. You added your favorite singer's song, but YouTube blocked the video or gave ad revenue to the original copyright holder. Instead, using YouTube Audio Library or paid music services like Epidemic Sound lets you safely add music.

Example 2: Using Internet Images on Blogs While writing a restaurant review blog, you used pretty food photos found on Google. Later you received copyright infringement notice from the original creator and had to delete the post. You should use your own photos, free image sites like Unsplash, or get copyright holder permission. Simply crediting the source doesn't prevent copyright infringement.

Example 3: Using Movie Scenes for School Assignments You made a movie analysis video for a media class assignment, capturing movie scenes and editing them with your analysis. This likely falls under 'fair use for educational purposes'. However, uploading the entire movie, or publicly posting on YouTube instead of submitting for class, could be copyright infringement. The scope and purpose of use matter.

Example 4: Drawing and Selling Character Illustrations You like drawing and want to draw famous manga characters, make stickers, and sell them. Even if you drew it yourself, the original character's copyright belongs to the original creator. Selling commercially without permission is copyright infringement. Sharing fan art for free and selling for money are completely different. For commercial use, you need a license from the original copyright holder.

Advantages and Disadvantages

Advantages

• Protects creators' rights - Prevents others from taking works that someone spent time and effort creating. Ensures creators earn fair income from their works, providing an economic foundation to continue creative activities.

• Encourages creative activity - Confidence that your creations are protected motivates more people to create. Most content we enjoy - movies, music, games, books - could be made because of copyright protection. Creators can focus on their work with peace of mind.

• Contributes to cultural and industrial development - Copyright is the foundation of the creative industry. Film, music, gaming, and publishing industries all grew based on copyright. The global success of Korean wave content was also thanks to copyright protection.

Disadvantages

• Restricts accessibility and use - Copyright-protected works can't be used without permission. Sometimes you can't freely use materials needed for education, research, or creative activities. Even old works often remain difficult to use due to remaining copyright.

• Complex rights relationships - It's often hard to identify copyright holders or understand which rights are granted how far. Especially for old works or works involving multiple people, rights relationships are very complex. Even when seeking permission, finding copyright holders can be difficult, or negotiation processes complex.

• Side effects of excessive protection - Copyright protection periods are too long (70 years after death), so works practically used by no one remain legally protected. Also, some companies or individuals abuse copyright to block even legitimate criticism or parody. This can restrict creative and expressive freedom.

FAQ

Q: If I credit the source, is it not copyright infringement? A: No. Many people misunderstand this - crediting the source doesn't prevent copyright infringement. Using without copyright holder permission is infringement even with credits. Source citation is basic courtesy and prevents plagiarism, but it's separate from copyright issues. You must get copyright holder permission. However, short quotations in papers or reporting might be recognized as fair use, but source citation is still required.

Q: Can I freely use photos posted publicly on SNS? A: No. Photos on Instagram, Facebook, etc. still have copyright. Being public and being freely usable are different. Like how food displayed at restaurants can't be taken just because it's visible. To use someone's SNS photos, contact them directly for permission. Be especially careful with commercial use.

Q: Must I register copyright to receive protection? A: No. In Korea and most countries, copyright automatically exists the moment you create work. You're protected without registration. However, registration has some advantages - you can easily prove you're the copyright holder if disputes arise, and you're advantaged in legal battles. For important works, consider registering with the Korea Copyright Commission. Cost is around 10,000 won per work.

Q: Are parodies and adaptations copyright infringement? A: Depends on the situation. Parodies criticizing or satirizing the original might be recognized as fair use. However, simply imitating or transforming the original is a 'derivative work' requiring original copyright holder permission. For example, gag concert skits parodying famous movies might be allowed due to critical elements, but adapting novels into dramas absolutely requires original author permission. Since boundaries are often ambiguous, getting permission in advance when possible is safest.

Q: Are 'free' images on the internet safe to use? A: Be careful. 'Free' meanings vary by site. Some are free only for personal use, with commercial use requiring payment. Some prohibit modification or require source attribution. Always check the site's license policy before downloading images. Sites like Pixabay, Unsplash, and Pexels allow free use of most images, but each image might have different licenses requiring confirmation.

Q: What happens if sued for copyright infringement? A: You face civil damages liability and criminal punishment. In civil lawsuits, you must compensate copyright holder damages, and sometimes surrender all profits from infringement. Criminal punishment is up to 5 years imprisonment or 50 million won fine. Punishment is heavier for profit-motivated or habitual cases. However, practically, many cases are resolved through settlement. If you receive a copyright infringement warning, immediately remove the content and consult with the copyright holder.

Q: Can I use foreign website content in Korea? A: No. Most countries have joined the 'Berne Convention' international treaty, so copyrights are mutually protected between countries. US website images, Japanese manga, and European music all receive copyright protection in Korea. Conversely, Korean content is also protected abroad. Using content from any country without permission is copyright infringement.

Q: Can't I even use for school assignments or studying? A: For 'educational purposes', some use might be allowed. Korean copyright law allows limited use of published works in school lessons or exam questions. For example, English teachers copying newspaper articles for class materials is permitted. However, 'educational purpose' doesn't mean unlimited use - only within necessary scope, without unfairly harming copyright holder interests. Sources must always be cited even for educational use.