Copyright Law of the Democratic People’s Republic of Korea (2012)
AGLC4 | 저작권법 2012 [Copyright Law of the Democratic People's Republic of Korea (2012)] [tr Daye Gang].
Bluebook | Jeojaggwonbeob 2012 [Copyright Law of the Democratic People's Republic of Korea (2012)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on March 21, 2001, as Directive No. 2141 of the Presidium of the Supreme People’s Assembly
Adopted on February 1, 2006, as Directive No. 1532 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on November 13, Juche 101 (2012), as Directive No. 2803 of the Presidium of the Supreme People’s Assembly
CHAPTER I. BASICS OF COPYRIGHT LAW
Article 1 (Objectives of Copyright Law)
The Copyright Law of the Democratic People’s Republic of Korea shall strictly adopt systems and order in the use of artistic works to protect the rights of creators and serve the artistic works and scientific and technical development.
Article 2 (Principle of copyright protection)
Protecting copyright law is the consistent policy of the Democratic People’s Republic of Korea. The State shall assure the creative activities of creators and protect the rights of copyright holders.
Article 3 (Principle of use of artistic works)
Correctly using artistic works is an important condition of artistic works and scientific techniques development. The State shall correctly determine the use process and method for artistic works and shall strictly abide by them.
Article 4 (Principle of protecting neighbouring rights)
The State shall protect the rights of a person who has used artistic works to perform, sound record, video record, or broadcast.
Article 5 (Copyright protection for foreigners)
The copyright of a corporation or an individual of another country that has ratified a treaty that our country has entered into shall be protected according to that treaty. However, in cases where a corporation or individual of another country that is not a contracting party has first presented their artistic work in our country, they shall be protected according to this law.
Article 6 (Subjects excepted from copyright protection)
Copyright for artistic work for which things such as publication, issue, performance, broadcast, screening, or exhibition are prohibited shall not be protected.
Article 7 (Exchange and cooperation in the copyright field)
The State shall develop exchange and cooperation in the copyright field with other countries and international organizations.
CHAPTER II. SUBJECTS OF COPYRIGHT
Article 8 (Basic requirements of selection as a subject of copyright)
Correctly determining the subjects of copyright is a prerequisite condition of copyright protection. Given institutions must determine subjects of copyright from the principle of scientificity, objectivity, and practicality.
Article 9 (Subjects of copyright)
Artistic works that are the subject of copyright are as follows.
1. Artistic works such as scientific theses, novels, poetry
2. Musical artistic works
3. Artistic works of the performing arts such as operettas, plays, acrobatics, and dance
4. Picture artistic works such as films and television compilations
5. Fine arts literary works such as paintings, statues, crafts, calligraphy, and designs
6. Photographic artistic works
7. Model artistic works such as maps, diagrams, floor plans, rough map, models
8. Computing program artistic works
Article 10 (Subjects of neighbouring rights)
Artistic works that have been made by adapting the original artistic work by methods such as editing, arranging, dramatizing, embellishing, adapting, or translating, shall be subjects of copyright as independent artistic works. Artistic works made by adapting people’s classic works into modern language shall also be the subject of copyright.
Article 11 (Subjects of edited artistic works)
Edited artistic works such as dictionaries or anthologies shall be the subject of copyright. In these cases, edited artistic works must have creativity in the choice of subject matter or in arrangement.
Article 12 (Subjects excepted from copyright)
Things such as State administration documents, current affairs reports, and reporting materials shall not be the subject of copyright as long as they have no commercial purpose.
CHAPTER III. COPYRIGHT HOLDERS
Article 13 (Rights of copyright holders)
Copyright holders are persons who have created artistic works in the literary arts and in the scientific and technical fields, or a person who has received those rights. Copyright holders shall have personal rights and property rights over artistic works.
Article 14 (Personal rights of copyright holders)
Personal rights of copyright holders are as follows.
1. The right to decide the presentation of artistic works
2. The right to state his or her name on the artistic work
3. The right for things such as the title, content, and form of an artistic work not to be changed
Article 15 (Property rights of copyright holders)
The property rights of copyright holders are as follows.
1. The right to reproduce, perform, or broadcast artistic works
2. The right to exhibit or distribute the original or a copy of an artistic work
3. The right to make a new artistic work by adapting it with methods such as editing, arranging, dramatizing, embellishing, adapting, or translating the artistic work
4. The right to edit artistic works
Article 16 (Ownership of copyright)
The copyright of artistic works created in the name of an individual shall be held by the person who created that thing. For artistic works created in the name of institutions, enterprises and organizations, that institution, enterprise, or organization shall have the copyright.
Article 17 (Copyright by joint ownership)
The copyright of artistic works created by more than two persons together shall be held jointly by the persons who created that thing. Joint copyright shall be exercised upon agreement of the copyright holders. In these cases, a representative may be elected to exercise the right.
Article 18 (Ownership of copyright over picture artistic works)
Copyright over picture artistic works shall be held by the person who manufactured that thing. Copyright over things such as novels, screenplays, music, and fine artworks used in the manufacture of picture artistic works may be exercised independently.
Article 19 (Rights protection for original copyright holder)
A person who has adapted or edited an artistic work must not violate the rights of the original copyright holder in exercising his or her copyright.
Article 20 (Protection of personal rights of copyright holder)
The personal rights of copyright holders shall only be held by the person who created the artistic work. Personal rights may not be transferred or inherited and shall be protected indefinitely.
Article 21 (Transfer of property rights of copyright holder)
The property rights of copyright holders may be wholly or partly transferred or inherited. In cases where property rights are sought to be transferred to a corporation or individual of another country, the approval of the authorities concerned shall be received.
Article 22 (Succession of property rights for artistic works of a corporation)
In cases where an institution, enterprise, or organization with property rights over artistic works has been dissolved, those rights shall be held by the successive institution, enterprise or organization.
Article 23 (Property rights protection period of artistic works)
Property rights for artistic works shall be protected from the time the artistic work was presented to 50 years after the person who created that thing passes away. Property rights over joint artistic works shall be protected from the time the artistic work was presented to 50 years after the last remaining creator passes away.
Article 24 (Property rights protection period for artistic works of corporations)
Property rights for artistic works or picture artistic works created in the name of institutions, enterprises and organizations shall be protected from the time the artistic work is presented for 50 years.
Article 25 (Calculation of copyright protection period)
The protection period of copyright shall be calculated from January 1 of the year after the artistic work was presented or the creator passes away.
CHAPTER IV. USE OF ARTISTIC WORKS
Article 26 (Basic requirements of using artistic works)
The use of artistic works is important work to disseminate artistic works by methods such as reproducing, performing, broadcasting, exhibiting, distributing, adapting, or editing. Institutions, enterprises, organizations and citizens must use artistic works according to the requirements of the designated process and method.
Article 27 (Use and permission for artistic works)
The use of artistic works shall be done by the copyright holder. Institutions, enterprises, organizations and citizens may also use artistic works by receiving the permission of the copyright holder. In cases where the copyright holder cannot be found, the artistic work may be used by receiving the approval of the given institution.
Article 28 (Conditions for preferential use of artistic works)
Artistic works created by citizens affiliated with an institution, enterprise or organization as part of their job performance may be used preferentially by that institution, enterprise or organization.
Article 29 (Scope of use of artistic works, transfer of right of use of artistic work)
Institutions, enterprises, organizations and citizens must use artistic works within the scope of their permission or approval. Institutions, enterprises, organizations and citizens that have received permission or approval to use artistic works may transfer that right of use to a third party. In these cases, agreement must be received from the copyright holder who permitted the use of the artistic work or from the institution that approved it.
Article 30 (Specification of provenance of artistic works)
In cases where institutions, enterprises, organizations and citizens use artistic works such as photographs or text that have already been published in the creation of their own artistic work, their provenance must be stated. Artistic works may not be published if they have not stated the provenance of artistic works that have already been published. In cases where the provenance of the artistic work cannot be stated due to inevitable reasons, the permission of the copyright holder or the approval of the authorities concerned must be received.
Article 31 (Use fee for artistic works)
Institutions, enterprises, organizations and citizens using artistic works must pay the relevant fee to the copyright holder. The work of determining the fee shall be done by the price determining institution.
Article 32 (Use of artistic works without permission)
Cases where artistic works are used without receiving the permission of the copyright holder are as follows.
1. In cases where artistic works have been reproduced or translated to be used by an individual or within the scope of family
2. In cases where places such as libraries, literary archives, museums, memorials reproduce artistic works to preserve, display, peruse, or lend
3. In cases where artistic works are reproduced, broadcast, or adapted for school education
4. In cases where artistic works required for State administration are reproduced, broadcast, or used in drafting compilations
5. In cases where an artistic work is to be introduced by broadcasting it or publishing it in a newspaper or publication
6. In cases where an artistic work is quoted
7. In cases where artistic works are performed for free
8. In cases where artistic works installed in public places are reproduced
9. In cases where artistic works are sound recorded or reproduced in braille for blind persons
CHAPTER V. NEIGHBOURING RIGHTS HOLDERS
Article 33 (Duties of neighbouring rights holders)
Neighbouring rights holders are persons who perform, sound record, video record, or broadcast using artistic works or persons who have received those rights. A person who has performed, sound recorded, video recorded, or broadcasted must not violate the rights of the copyright holder for the artistic works used.
Article 34 (Performance rights for neighbouring rights holders)
A person who has used an artistic work to perform may state his or her name or reproduce or broadcast the performance. As necessary, the reproduction may also be distributed.
Article 35 (Right to manufacture sound recording or video recording of neighbouring rights holders)
A person who has manufactured sound recordings or video recordings by using an artistic work may reproduce it. As necessary, sound recordings, video recordings, or reproductions may also be distributed.
Article 36 (Broadcasting rights of neighbouring rights holders)
A person who has broadcasted by using artistic works may reproduce the broadcasted materials using methods such as sound recording, video recording, or shooting photographs. As necessary, it may also be relay broadcast or rebroadcast.
Article 37 (Use by neighbouring rights holder)
Institutions, enterprises, organizations and citizens seeking to use performances, sound or video recordings, or broadcasted materials must receive the permission of the neighbouring rights holder. In these cases, the relevant fee must be paid.
Article 38 (Protection period for neighbouring rights holders)
The protection period for neighbouring rights holders shall be from the time of the performance, sound recording, video recording or broadcast to 50 years after. The calculation of the protection period shall be done from January 1 of the year after the performance, sound recording, video recording, or broadcast was done.
Article 39 (Transfer and inheritance of neighbouring rights holders)
Neighbouring rights may be transferred or inherited.
Article 40 (Use without permission of neighbouring rights materials)
Performances, sound recordings or video recordings, and broadcasted materials may be used without receiving the permission of neighbouring rights holders limited to the cases determined in Article 32.
CHAPTER VI. GUIDANCE AND CONTROL FOR COPYRIGHT WORK
Article 41 (Basic requirements of guidance and control over copyright work)
Strengthening guidance and control for copyright work is a basic guarantee to correctly implement the copyright protection policy of the State. The State shall strengthen guidance and control over copyright work.
Article 42 (Guidance over copyright work)
Guidance for copyright work shall be done by the publishing guidance institution, cultural guidance institution, and scientific and technical guidance institution under the standardized guidance of the Cabinet. The publishing guidance institution, the cultural guidance institution, and the scientific and technical guidance institution shall correctly adopt a copyright work system and protect the rights of copyright holders and neighbouring rights holders.
Article 43 (Organization of legal representative institution for copyright work)
The publishing guidance institution, cultural guidance institution, and scientific and technical guidance institution may have a legal representative institution required for copyright work. In these cases, the approval of the Cabinet shall be received.
Article 44 (Prohibition on emulation and plagiarism of artistic works)
Institutions, enterprises, organizations and citizens must not do acts such as emulating or plagiarising the artistic work of another that has been submitted to be presented.
Article 45 (Supervision and control over copyright work)
Supervision and control for copyright work shall be done by the publishing guidance institution, cultural guidance institution, scientific and technical guidance institution and the given supervision and control institution. The publishing guidance institution, cultural guidance institution, scientific and technical guidance institution and given supervision and control institution must strictly exercise supervision and control so that no phenomenon of violating copyright and neighbouring rights appears.
Article 46 (Damage compensation)
In cases where copyright or neighbouring rights are violated, the given damage shall be compensated.
Article 47 (Administrative or criminal responsibility)
Responsible workers of institutions, enterprises and organizations and individual citizens that have caused grave consequences to copyright work by violating this law shall have administrative or criminal responsibility imposed depending on the gravity.
Article 48 (Dispute resolution)
Disputes arising related to copyright shall be resolved by method of agreement. In cases where they cannot be resolved by method of consultation, they may be resolved by raising in arbitration or court.
Last updated 13 January 2021
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