You might type some word on any search site like google, and the search result would present you with tons of images matching the word. Once you pick some perfect photo fitting your purpose, it is not so difficult to save it for your webpage use - right clicking that image and putting it on your web. You might assume that anyone who owns the original image allows you to freely use the image as long as he or she allows you to right-clicking it. But it is not true at all. Basically, all images on the web, like text, are protected by copyright law. So, if you copy and save an image without permission, whether it allows you to right click it or not, you are probably violating copyright law and there is a good possibility that you might get sued for the copyright violation.
Copyright law of the Republic of Korea is regulated by the Copyright Act of 1957. The act has been amended several times, with the most recent revision which has been enforced from July 23, 2009.
Works by foreigners are also protected under the Copyright Act if a foreigner has his or her habitual residence in the Republic of Korea and his or her works are first published in the Republic of Korea.
Article 3 (Works by Foreigners) of the Copyright Act of the ROK
(2) The works by foreigners who have their habitual residence in the Republic of Korea (including stateless persons and the foreign legal persons having their principal office in the Republic of Korea) and foreigners’ works which are first published in the Republic of Korea (including works published in the Republic of Korea within thirty days after their publication in a foreign country) shall be protected under this Act.
Images and photos on the web are subjected under the protection of the act as it is stated in Item 6 of Para. 1 of Art. 4 of the act. The rights of the creator or author of an image or a photo to reproduce, exhibit, distribute, produce and exploit a derivative work based on his original work are protected under the Copyright Act. If anyone other than the creator or author of an image on the web uses the image without permission, he or she is probably violating copyright and can be liable for the damages if the owner of rights above claims them.
Article 4 (Examples of Works, Etc.) of the Copyright Act of the ROK
(1) The following shall be the examples of works referred to in this Act:
6. Photographic works (including other works produced by similar methods);
Article 125 (Claim for Damages) of the Copyright Act of the ROK
(1) Where the owner of author’s property rights or other rights (excluding author’s and performer’s moral rights) protected under this Act (hereinafter referred to as “owner of author’s property rights, etc.”) claims compensation for damages that he sustained by the act of infringement from a person who has infringed on his rights intentionally or negligently, the amount of gain shall be presumed to be the amount of damages that the owner of author’s property rights, etc. sustained, if the infringer has made a gain by his act of infringement.
Article 37 of the act states concerning ‘indication of sources’ but it is only applicable when a person uses a work legally appropriate according to the act such as using with the author’s permission.
Article 37 (Indication of Sources) of the Copyright Act of the ROK
(1) A person who uses a work pursuant to this Subsection shall indicate its sources, except the cases as prescribed under Articles 26, 29 to 32, or 34.
(2) The indication of the sources shall be made clearly in a manner and to the extent deemed reasonable in the situation in which the work is used. If the real name or pseudonym of the author of a work is indicated, such real name or pseudonym shall be indicated.
So far, you’ve briefly learned about how the Copyright Act of the ROK protects the copyright of images and photos on the web. So, from now on do not just right click copy/save an image on the internet, before you get permission from the author. And also remember that indicating the source of a photo or an image can not exempt you from the liability unless you have the permission of the owner. If you unfortunately get involved with the lawsuit due to the ignorant illegal use of an image on the web, it is always better and safe for you to get a legal professional’s help before the suit becomes more damageable to you.
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