
Legal Q&A
Q
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Recently I have been at risk of punishment on suspicion of violating the Copyright Act. I have used a certain software program since my university days, and the company that makes it has apparently filed a copyright complaint claiming that I copied and used the program without authorization.. I work in Yeouido and would like to have a consultation during my lunch break, so if there is anyone who can recommend a Yeouido attorney, I would appreciate it.
Yeouido attorney recommendation
Answer
Published:
Author : Kuk Il KIM
Hello. This is a Yeouido attorney at Daeryun Law LLC.
Judging from your question asking for a recommendation of a Yeouido attorney, the issue you are currently facing appears to be a criminal matter related to a violation of the Copyright Act.
Copying or using software or a program without authorization is classified as copyright infringement, but in practice the likelihood of punishment can vary greatly depending on the purpose of use, whether the conduct was repeated, and whether it was for profit.
As a rule, the Copyright Act has the structure of a crime requiring a complaint to prosecute.
In other words, an investigation or prosecution is possible only if the copyright holder files a complaint directly, and if the victim withdraws the complaint, the criminal proceedings may be terminated.
However, if infringement for profit or habitual infringement is recognized, the offense is converted into one that does not require a complaint, so punishment is possible regardless of whether the complaint is withdrawn, which is why it is more important than anything else to clearly organize the facts at an early stage.
In practice, the purpose and circumstances of the program's use become the key issues.
If the use was for personal study, research, or technical experimentation, an exception may be recognized as ‘non-commercial personal use’ under Article 30 and Article 101-3(1)4 of the Copyright Act.
On the other hand, if the use is connected to company work or profit-making activities, there is a high likelihood that it will be judged to be copyright infringement.
Therefore, before appearing before an investigative agency, you need to organize in concrete terms when, in what environment, and for what purpose you used the program, and to distinguish any connection with your company.
In copyright cases, the initial response determines the direction of the case. Because unnecessary statements or misunderstandings at the early stage of the investigation can broaden its scope, it is advisable to have the investigation conducted with an attorney present.
In addition, securing objective materials such as the program's installation path, log records, and email history can help prove that the use was non-commercial.
Daeryun Law LLC has its main office in Yeouido, and attorneys specializing in intellectual property rights, criminal attorneys, a digital forensics center, and patent agents collaborate to respond in a one-stop manner to cases involving copyright, industrial technology protection, and digital evidence.
In particular, in cases where the use of a program or data is at issue, technical analysis and legal review are carried out at the same time, thereby helping the investigative agency to grasp the facts accurately.
If you are currently working in Yeouido, you can make a reservation for a consultation in advance and then visit for a consultation during your lunch break or before or after work.
A Yeouido attorney at Daeryun Law LLC accurately analyzes the situation and, by proving that the use was non-commercial, provides assistance so that a decision of non-referral or non-prosecution can be obtained at the investigation stage.
The faster the initial response, the more the outcome can change. In a case involving a violation of the Copyright Act, punishment does not follow merely from the fact that a program was used; rather, intent, profit motive, and the victim's intention are considered comprehensively, so now that you are looking for a recommendation for a Yeouido attorney, it is advisable to obtain advice from a professional promptly.

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