A recent random inspection by the Korea Copyright Commission revealed that 49% of public sector creative competitions have violated guidelines related to copyright ownership. Among the institutions checked since 2020, 21% have committed violations more than twice, highlighting the need for a comprehensive review of the system.
According to Rep. Lee Jung-moon of the Democratic Party, government agencies, local governments, and public institutions frequently infringe on the copyrights of participants or present unfair conditions in their competitions.
The Copyright Commission's random checks of public sector creative competitions from 2024 to last month found that out of 1,267 cases, 622 (49.1%) received 'improvement notices.' This indicates that half of the competitions reviewed violated the guidelines.
According to the 'Creative Work Contest Guidelines' established by the Ministry of Culture, Sports and Tourism and the Copyright Commission, the copyright of submitted works belongs to the participants. Additionally, organizers cannot claim copyright ownership merely by unilaterally stating it in the competition guidelines. To use winning works, organizers must obtain permission or reach a separate agreement to transfer copyright, as specified in the guidelines.
These guidelines were first established in 2014 in response to concerns that the practice of transferring all copyrights to the organizers simply by entering a competition was unreasonable. In 2020, the guidelines were revised to clarify the ownership and rights related to copyright.
However, even 12 years after the guidelines were established, many public sector creative competitions continue to violate rules regarding copyright ownership of winning works, the right to create derivative works, the use of non-winning submissions, and moral rights. Notably, the number of violations and the violation rate have been increasing in recent years.
The number of improvement notices issued due to guideline violations rose sharply from 11% in 2021 (18 out of 164 cases) to 37.4% in 2023 (208 out of 555 cases) and 55.3% last year (282 out of 510 cases). As of August this year, 41.3% of the 329 cases checked revealed violations.
A significant issue is the lack of legal grounds to punish or mandate corrections for guideline violations. Furthermore, there is a serious shortage of personnel, with only one full-time lawyer responsible for overseeing public sector competitions.
As a result, it is virtually impossible to verify whether improvements have been made following the notices, and many institutions repeatedly violate the guidelines. According to Rep. Lee's office, among the 986 institutions checked from 2020 to last month, 21.1% (208 institutions) received improvement notices more than twice.
Rep. Lee stated, "More than 200 institutions have received repeated improvement notices. We need to assess whether simple guidance and education are sufficient. The Ministry of Culture, Sports and Tourism and the Copyright Commission must strengthen their monitoring and post-management systems to ensure that copyright guidelines are effectively upheld in public sector competitions." He emphasized the need for the government and public institutions to establish fair competition practices that respect creators' rights.
According to Rep. Lee Jung-moon of the Democratic Party, government agencies, local governments, and public institutions frequently infringe on the copyrights of participants or present unfair conditions in their competitions.
The Copyright Commission's random checks of public sector creative competitions from 2024 to last month found that out of 1,267 cases, 622 (49.1%) received 'improvement notices.' This indicates that half of the competitions reviewed violated the guidelines.
According to the 'Creative Work Contest Guidelines' established by the Ministry of Culture, Sports and Tourism and the Copyright Commission, the copyright of submitted works belongs to the participants. Additionally, organizers cannot claim copyright ownership merely by unilaterally stating it in the competition guidelines. To use winning works, organizers must obtain permission or reach a separate agreement to transfer copyright, as specified in the guidelines.
These guidelines were first established in 2014 in response to concerns that the practice of transferring all copyrights to the organizers simply by entering a competition was unreasonable. In 2020, the guidelines were revised to clarify the ownership and rights related to copyright.
However, even 12 years after the guidelines were established, many public sector creative competitions continue to violate rules regarding copyright ownership of winning works, the right to create derivative works, the use of non-winning submissions, and moral rights. Notably, the number of violations and the violation rate have been increasing in recent years.
The number of improvement notices issued due to guideline violations rose sharply from 11% in 2021 (18 out of 164 cases) to 37.4% in 2023 (208 out of 555 cases) and 55.3% last year (282 out of 510 cases). As of August this year, 41.3% of the 329 cases checked revealed violations.
A significant issue is the lack of legal grounds to punish or mandate corrections for guideline violations. Furthermore, there is a serious shortage of personnel, with only one full-time lawyer responsible for overseeing public sector competitions.
As a result, it is virtually impossible to verify whether improvements have been made following the notices, and many institutions repeatedly violate the guidelines. According to Rep. Lee's office, among the 986 institutions checked from 2020 to last month, 21.1% (208 institutions) received improvement notices more than twice.
Rep. Lee stated, "More than 200 institutions have received repeated improvement notices. We need to assess whether simple guidance and education are sufficient. The Ministry of Culture, Sports and Tourism and the Copyright Commission must strengthen their monitoring and post-management systems to ensure that copyright guidelines are effectively upheld in public sector competitions." He emphasized the need for the government and public institutions to establish fair competition practices that respect creators' rights.
* This article has been translated by AI.
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