Siwoo Law Firm

News & Resources

Commissioning Korean Creative Content: Copyright and Moral Rights

Page Information

법무법인시우 Date 26-09-30

Content

An international business commissioning artwork, video, copy, or other creative content may expect to translate it, shorten it, change its format, and reuse it across markets. Those uses should be addressed before the work is produced.

Under Korean law, acquiring economic rights does not necessarily resolve questions about publication, attribution, or changes to the work. A contract should therefore describe both the rights being acquired and the ways the business plans to use the material.

Identify the author and the rights being supplied

Start by asking who created each part of the deliverable and how the contracting supplier obtained the rights it proposes to grant. The answer may involve employees, independent creators, agencies, or several contributors.

Article 9 of the Korean Copyright Act contains a specific rule for qualifying works created in the course of employment. Its requirements must be assessed with the definition in Article 2(31), including creation under the employer's planning by a person engaged in its business. Publication in the employer's name and any contrary contractual or work-rule provisions also matter; computer programs have a statutory exception to the publication requirement. Copyright Act, Articles 2(31) and 9.

A commissioning fee or an imported “work made for hire” label should not be treated as a complete Korean-law ownership analysis. For externally commissioned material, check the actual creative relationship and the chain of rights.

Specify economic rights, including adaptation

Economic rights can be transferred in whole or in part. A license should specify the permitted uses and conditions.

There is a particular drafting issue for adaptations. When economic rights are assigned in full, Article 45(2) generally presumes that the right to create and use derivative works is excluded unless specially agreed. The provision adopts a different presumption for computer programs. Copyright Act, Articles 45–46.

For a campaign intended for several markets, describe translation, localization, format changes, editing, and reuse in the rights schedule. Also address channels, territories, duration, group-company use, and any necessary sublicensing. The drafting should match the intended production and distribution process.

Address moral rights separately

The Copyright Act recognizes rights concerning publication, attribution, and the integrity of the work. Moral rights are personal to the author. An assignment of economic rights therefore should not be assumed to transfer those rights as well. Copyright Act, Articles 11–14.

For the intended uses, agree a practical process for first publication, the form of credit, and contemplated edits. Specific consent and any proposed non-exercise arrangement should be reviewed under Korean law. A blanket waiver imported from another jurisdiction may leave the central issue unresolved.

The Act contains exceptions and presumptions, but their application depends on the work and the use. A production team should not assume that commercial convenience alone permits every alteration.

Translate the legal terms into production instructions

An operational rights schedule can answer questions such as:

  • Can the team crop images or make short versions of a video?
  • Can it translate text, add subtitles, or replace a voice track?
  • How will the creator be credited in different formats?
  • Can affiliates and external distributors use the material?
  • Who approves changes beyond the agreed scope, and how is approval recorded?
  • Which third-party materials require separate clearance?

These questions are best resolved while scope and price are being negotiated. Keep the agreed version, the source of each licensed element, and the relevant permissions with the project records.

Before final acceptance

Check that the delivered material corresponds to the contracted rights and that any subcontracted elements are covered. The legal and creative teams should review the same planned uses. That gives the business a clearer basis for launch and reduces the need to renegotiate permissions after the campaign is ready.

Related services: Intellectual Property and Technology and Corporate Law.

This article provides general information on Korean law as reviewed on September 29, 2026. Authorship, ownership, moral rights, and permitted uses require review of the particular work and agreement.