Law / South Korea

Copyright Act, fair use of works

Copyright Act of the Republic of Korea, Art. 35-5 (fair use of works)

In force since .

A snippet reproduction rule binding public and private bodies.

Instrument type
an act of a legislature

What it requires

  • You are entitled to use a work outside the specific exceptions in Articles 23 through 35-4 and 101-3 through 101-5 where the use does not unreasonably undermine the author's legitimate interest and does not conflict with the normal exploitation of the work (Article 35-5(1)).
  • Expect the use to be judged on the purposes and characteristics of the use, the types and purposes of the work, the amount and substantiality of the portion used in relation to the whole work, and the effect on the existing or potential market for the work or its current or potential value (Article 35-5(2)).

These lines are LexLint's reading of the law's text.

What this law does

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Research summary

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Article 35-5(1) entitles a person to use a work, outside the specific exceptions in Articles 23 through 35-4 and 101-3 through 101-5, where the use does not unreasonably undermine the author's legitimate interest and does not conflict with the normal exploitation of the work.

Article 35-5(2) directs that the purposes and characteristics of the use, the types and purposes of the work, the amount and substantiality of the portion used, and the effect on the existing or potential market for the work be considered.

When LexLint raises it

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