Legal Q&A
Q
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Hello. Not long ago, after receiving a tip from an acquaintance, I learned that someone was using my drawing without authorization to make and sell products. It turns out the misappropriation had been going on for quite some time. I want to file a criminal complaint against this person for copyright infringement. The problem is that I have not yet registered the drawing for copyright. Is it correct that a drawing I created also holds copyright? If I file a complaint, what are the standards for punishment for copyright infringement?
Punishment for copyright infringement
Copyright infringement
Copyright
Answer
Published:
Author : Byung Joon KOH
I see that you have asked about the punishment for copyright infringement.
Works protected under the Copyright Act include various kinds of works, such as literary works like novels and poems, as well as art, architecture, drama, photographs, and videos.
The drawing you mentioned is also included among such works, so it can be protected under the Copyright Act, and a work can be protected even without copyright registration.
However, registering the copyright can give rise to legal effects such as a presumption of ownership, the power to assert the right against others, and the right to claim statutory damages, so it is advisable to register.
A person who infringes the property rights protected by the Copyright Act may be punished by imprisonment for up to five years or a fine of up to 50 million won.
In addition, for a work protected by copyright, you can demand that a person infringing the right cease the infringing act, and you can also claim damages.
If the person who infringes the right, through the infringing act, obtained a profit, that profit may be claimed as the amount of damage.
Because copyright allows not only criminal punishment but also a claim for compensation through a civil lawsuit, I recommend that you prepare a response together with a copyright attorney and address the case accordingly.

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Byung Joon KOH
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Extensive experience handling large-scale corporate and white-collar crime cases · Attorney specializing in corporate/construction/labor/digital forensics law

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