Supplementary Provisions

This Act comes into effect on January 1, 2022;provided, however, that the provisions set forth in each of the following items come into effect as of the day specified in the relevant item:

The provisions of Article 29, paragraphs (2) and (3) of the Copyright Act as amended by the provisions of the Article 1 (other than the amending provisions set forth in the item (iii) of the preceding Article) (hereinafter referred to as the "Copyright Act amended under Article 1") apply to the ownership of copyright to a cinematographic work created on or after the day on which this Act comes into effect (hereinafter referred to as the "effective date"); and prior laws continue to govern the ownership of copyright to a cinematographic work which has been created before the effective date.

The Commissioner of the Agency for Cultural Affairs may consult with the Minister for Internal Affairs and Communications for determining automatic public transmission that would unreasonably prejudice the interests of the copyright owner, the owner of print rights or the owner of neighboring rights or one that cannot be easily viewed or listened to widely by citizens, provided for in Article 2, paragraph (1), item (ix)-7 of the Copyright Act amended under Article 1 even before the date of its enforcement.

①The Commissioner of the Agency for Cultural Affairs may designate the copyright management service (meaning the copyright management service provided in Article 2, paragraph (1), item (xxiii) of the Copyright Act amended under Article 1; the same applies hereinafter in this Article) in accordance with the provisions of Article 93-3, paragraph (3), Article 94, paragraph (1), Article 94-3 paragraph (3) or Article 96-3, paragraph (3) of the Copyright Act amended under Article 1 and the provisions of Article 93-3, paragraph (4) of the Copyright Act amended under Article 1 (including as applied mutatis mutandis pursuant to the provisions of Articles 94, paragraph (4), Article 94-3, paragraph (4), and Article 96-3, paragraph (4)) even before the date of its enforcement. In this case, such designation is, respectively, deemed to be the designation under the provisions of Article 93-3, paragraph (3), Article 94, paragraph (1), Article 94-3, paragraph (3) or Article 96-3, paragraph (3) after the effective date.

②The designated copyright management service pursuant to the provisions of the preceding paragraph may fix the amount of remuneration or compensation provided for in Article 93-3, paragraph (7) of the Copyright Act amended under Article 1, in consultation with broadcasters, cablecasters or simultaneous broadcasting services (meaning the simultaneous broadcasting service provided in Article 2, paragraph (1), item (ix)-8 of the Copyright Act amended under Article 1; the same applies hereinafter in Article 8, paragraph (1) of the Supplementary Provisions.) in accordance with the provisions of Article 93-3, paragraphs (7) and (12) of the Copyright Act amended under Article 1 (including as these provisions are applied mutatis mutandis pursuant to the provisions of Article 94, paragraph (4), Article 94-3, paragraph (4) and Article 96-3, paragraph (4) ; the same applies hereinafter in this paragraph) even before the date of its enforcement.

①The Commissioner of the Agency for Cultural Affairs may designate the association in accordance with the provisions of Article 104-10-2, paragraph (1) and Article 104-10-3 of the Copyright Act as amended by the provisions of the Article 2 (hereinafter referred to as the "Copyright Act amended under Article 2" in this Article and Article 8, paragraph (2) of the Supplementary Provisions) prior to the date on which the provisions set forth in Article 1, item (iv) of the Supplementary Provisions come into effect (hereinafter referred to as "item (iv) effective date"). In this case, such designation is deemed to be the designation under the provisions of Article 104-10-2, paragraph (1) after the item (iv) effective date.

②The designated association under the provisions of the preceding paragraph may hear the opinions of that paragraph and file an application for the approval of Article 104-10-4, paragraph (1) in accordance with the provisions of Article 104-10-4, paragraphs (1) and (3) of the Copyright Act amended under Article 2 before the item (iv) effective date.

③Upon receipt of an application for the approval of the provisions of the preceding paragraph, the Commissioner of the Agency for Cultural Affairs may consult the Culture Council and grant the approval in accordance with the provisions of Article 104-10-4, paragraphs (4) and (5) of the Copyright Act amended under Article 2 before the item (iv) effective date. In this case, the approval deemed to be the approval under the provisions of Article 104-10-4, paragraph (1) after the item (iv) effective date.

④The designated association under the provisions of paragraph (1) may establish rules on the execution of functions connected with compensation of Article 104-10-5, paragraph (1) and notify the Commissioner of the Agency for Cultural Affairs thereof in accordance with the provisions of Article 104-10-5 of the Copyright Act amended under Article 2 before the item (iv) effective date. In this case, the notification is deemed to be the notification under the provisions of Article 104-10-5, paragraph (1) on and after the item (iv) effective date.

⑤The Commissioner of the Agency for Cultural Affairs may consult the Culture Council for planning the enactment of Cabinet Order referred to in Article 104-10-6, paragraph (1) of the Copyright Act amended under Article 2 before the item (iv) effective date.

Prior laws continue to govern the applicability of penal provisions to an action that a person undertakes before this Act (as for the provisions of Article 1, items (iii) and (iv) of these Supplementary Provisions) comes into effect.

Beyond as prescribed from Article 2 through the preceding Article of these Supplementary Provisions, necessary transitional measures (including transitional measures for penal provisions) connected with the coming into effect of this Act are provided for by Cabinet Order.

①Approximately three years after this Act comes into effect, the government is to review what initiatives should be implemented for the fair exploitation of the work, performance, or phonogram for simultaneous broadcasting and maintenance of the proper interests of the copyright owner and owner of neighboring rights in consideration of the status of implementation of simultaneous broadcasting (meaning the simultaneous broadcasting provided for in Article 2, paragraph (1),item (ix)-7 of the Copyright Act amended under Article 1 ; hereinafter the same applies in this paragraph) undertaken by a broadcaster, cablecaster or simultaneous broadcasting service in the course of trade, the status of payment of the remuneration and the compensation to the copyright owner and other status of the Copyright Act amended under Article 1, and take necessary measures based on the results of this review.

②In view of the fact that it is important to reflect expenses required for compensation for public transmission by libraries or similar facilities by a person that establishes a specified library or similar facility provided for in Article 31, paragraph (3) of the Copyright Act amended under Article 2 (meaning the compensation for public transmission by libraries or similar facilities provided for in Article 104-10-2, paragraph (1) of the Copyright Act amended under Article 2 ; hereinafter the same applies in this paragraph ) in costs of the user of the specified library or similar facility provided for in Article 31, paragraph (2) of the Copyright Act amended under Article 2, the government must endeavor to obtain public understanding and cooperation by making public the purport and content of the purport and program of compensation for public transmission by libraries or similar facilities through publicity activities to contribute to smooth and proper shifting of expenses.