제 12 호 Copyright Found on Campus
Kicker: SOCIETY (COPYRIGHT)
Copyright Found on Campus
What Students Should Know about Copyright
By Seo-Won Hong, Reporter
Copyright in school life has been important; however, it needs to be treated more importantly in the current situation of the pandemic. Universities started online school since last year. Recording lectures and real-time lectures, which are the main types of classes, are more likely to be recorded without permission than original lectures. Lecture materials and handouts used by professors in online class are also more likely to be distributed somewhere without permission. In addition, as the exam season comes, infringement of the copyright which is called “Sharing Jokbo” often occurs. Preventing infringement of copyright, I will introduce about copyright issues which students should know and keep during school life.
Lecture Recording
Recently, as online school have been conducted due to COVID-19, e-learning recording classes are frequently used as university lectures. In the case of recording lectures, students can take classes at any time and place they want and promote self-directed learning. It also has the advantage that students can repeat online lectures when they have something they don’t understand. However, students can take recording lectures at any time, so they can record and distribute lectures without permission. In addition to real-time lectures, which are often used, the risk of recording without permission cannot be ruled out. Recording lectures without permission to study for exams is an act of infringing copyright even if there is no intention for commercial purpose. Recording lecture for the purpose of study is illegal if without the permission of the professor. This applies equally to recording a lecture as well as general recording. All citizens have the right not to record, play, broadcast, reproduce, and distribute their voices against their will, and this is called the “right of voice.” It is a right derived from article 10 in the Constitution of the Republic of Korea: “All citizens shall be assured of human worth and dignity and have the right to the pursuit of happiness.” Therefore, recording a lecture without the professor’s permission is against the “right of voice” and an illegal activity that infringes copyright. In general, recording without the consent of the other side is acivil or criminal issue. This is a violation of the Protection of Communications Secrets act. It is stipulated that if it is violated, there can be imprisonment without a fine, and it can be punished for not less than one year and not more than 10 years. It shall result in compensating for civil damages depending on agreement of recording, the purpose, and the use. Recording conversations that are not disclosed to everyone or listening using electronic devices or mechanical ways violate Article 14 of the Protection of Communications Secrets act.It shall be punished by imprisonment for not more than 10 years or suspension of qualification for up to 5 years. However, all lecture recordings are not illegal. There is no problem recording for reviewing the lecture after asking the professor’s permission. However, selling recordings for economic benefits is a violation of copyright laws. According to Article 4, paragraph 1, clause 1 of the Copyright Law, lectures are defined as literary works such as novels, theses, and speeches. Accordingly, the professor has the right for copyright such as the right to reproduction, distribution, and public transmission. According to Article 2, paragraph 22 of the Copyright Law the term “reproduction” means the temporary or permanent fixation of works in a tangible medium or a remarking of works by means of printing, photographing, copying, sound or visual recording, or other means. For these reasons, recording lectures violates the right to reproduction. If it is distributed by CD, USB, or e-mail, it is infringement of right of distribution. Transmitting in the form of a file is a violation of the right of public transmission which is the right of the author. So selling and buying recording files shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won.
Lecture materials and Jokbo
PPT, images, fonts, videos such as lecture recording, real-time and self-produced contents which are provided by the professor in class are protected by copyright law as a work of the professor or another person. Lecture materials on the e-campus site are only available on the e-campus site. If lecture materials are reproduced or distributed in another site, it is a violation of copyright law, so it results in civil or criminal liability. “Jokbo”, a type of lecture materials, is a collection of class notes or sample question from previous tests. Many students trade and share jokbo to prepare for the test. “Jokbo” is a derivative work of the professor’s lecture or test so sharing “Jokbo” without consent is illegal.
Copyright infringement occur frequently on campus even if students don’t intend infringement. Someone who violates copyright will be liable for copyright infringement. It is necessary to check whether you violate copyright or not. In addition, students need to learn about copyright and develop copyright awareness.
* This article includes a translated paragraph of on an article written on November 11, 2019 by reporters Huh Jeong-eun and Han Ah-reum from the Sangmyung University Newspaper (Korean version).
Sources:
https://www.smu.ac.kr/newspaper/university.do?mode=view&articleNo=704170#/list
