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Copyright attorney, if I violated the Copyright Act by mistake, will I face criminal punishment?

Hello. While making my own personal video to share on the internet, I used portions of another person's video here and there, and I never imagined that this would violate the Copyright Act. The other party says they intend to file a criminal complaint over this. I had no malicious intent whatsoever. Copyright attorney, can I still face criminal punishment in a case like this?

Answer

Published: 2023-03-29

Author : Kuk Il KIM

Hello.

Criminal punishment related to the Copyright Act can be severe, so you are likely feeling especially anxious.

If copyright infringement is recognized, you may bear responsibility for a takedown request, the filing of a civil lawsuit, a criminal complaint, and the like, so receiving help from a copyright attorney is important.

If a civil lawsuit is filed, you could become liable for various forms of responsibility, including damages.

Matters that may be claimed through a civil lawsuit

▶ Claim for suspension of the infringement

▶ Prevention of infringement

▶ Claim for statutory damages

▶ Claim for the return of unjust enrichment

If it is found in criminal terms that you have infringed copyright economic rights and rights protected under the Copyright Act, you may be punished by imprisonment for up to 5 years or a fine of up to 50 million won.

In addition, if you have infringed the author's moral rights, which protect the author's honor and personal interests in relation to the work, you may be punished by imprisonment for up to 3 years or a fine of up to 30 million won.

If you have committed copyright infringement, it is advisable to seek help from a copyright attorney so that you can respond to such issues appropriately and prevent excessive punishment or compensation.