1. Obtaining of Legal Presumption
A person whose real name
is registered as the author of a registered work shall be presumed as the
author of the work.
A work for which its date
of creation or the initial date of disclosure is registered shall be presumed
to have been created or made public on the registered date. However, if a work
is registered more than one year after its creation, it shall not be presumed
to have been created on the date registered. In addition, when a registered
work is infringed upon, it shall be presumed that the infringement has occurred
due to negligence at least.
2. Priority of Rights between Conflicting Parties
In case a party is
assigned with economic rights or the right to publication is established and
these rights are registered, the registered assignee or the registered owner of
the publication rights shall prevail over the duplicate assignee or the
duplicate publication right holder.
3. Procedures
4 steps for Copyright
registration: preparation, submission of application, examine and request
complement, approve and issue a certificate of registration.
(1) Preparation -
identifying the subject, the type of registration and the applicant’s
eligibility before processing the application.
It is required to claim
one registration for single work and category by the principle for
registration, “one registration for one work” Additionally, only an obligee or
obligor of registration can apply.
(2) Submission of
Application
An applicant may submit
the application, required documents, deposit copies of your work and
registration fee electronically.
(3) Examine and Request for
amendment
Copyright office examine
the application submitted for registration whether it qualifies all the
requirements. It will be requested to submit amendments if it does not.
(4) Approve and Issue a
certificate of registration
When application is
qualified, registration is approved and a certificate of registration is
issued.
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