Selected year snapshot
For 2024, the active event in this file is 저작권법 (Copyright Act, as amended up to Act No. 20358).
100%
Current rationale
As of 2025, the Korean Copyright Act contains a robust set of research-relevant exceptions. The most permissive is Article 35-3, a general fair use clause that permits 'use' (이용) of works for research, criticism, education, reporting, and other purposes, subject to a four-factor test and three-step test. The term 'use' covers any exclusive right (reproduction, communication, distribution, making available). It applies to all types of works and is open to any user — no restriction to individuals or institutions. Research is explicitly listed. This maps to GREEN. Additionally, Article 35-5 provides a specific TDM exception permitting reproduction and transmission for information analysis using automated computer technology, open to any user and any work (also GREEN individually). Other exceptions remain in force: Art. 28 (quotation — RED individually), Art. 30 (private use — LIGHT BLUE individually), Art. 31 (library reproduction — ORANGE individually). The overall classification is GREEN based on Art. 35-3 as the most permissive exception. Classification-neutral factors (non-commercial consideration in the four-factor test, lawful access requirement in Art. 35-5, proportionality qualifiers) were not factored into the color decision.
Exceptions considered
General fair use clause — any use of any work by any user for research, criticism, education, reporting, etc., subject to four-factor test and three-step test
TDM exception — reproduction and transmission for information analysis using automated computer technology, any user, any work, lawful access required, retention permitted
Quotation from published works for criticism, research, etc. — limited to quotations/excerpts, not full works
Reproduction of published works for personal non-profit use within household or similarly limited circle — full works, reproduction only, individuals only
Libraries may reproduce parts of published works for users' research — portions of works, institutional, includes digital lending provisions
Use for school education purposes — reproduction and communication for educational purposes, restricted to educational institutions
Law changes
저작권법 (Copyright Act)
Baseline · Effective 1987-07-01
60%
Relevant section: Article 28 (Quotations from Works Made Public), Article 30 (Reproduction for Private Use), Article 31 (Reproduction, etc. in Libraries, etc.)
Dates: Effective 1987-07-01 · Enacted 1986-12-31
Why this score
The Korean Copyright Act as in force around 1990 contained several research-relevant exceptions. Article 30 permits reproduction of published works for personal, non-profit use within a household or similarly limited circle — this covers private study and personal research but is restricted to individuals (not institutional or collaborative use) and covers reproduction only (not sharing/communication). Article 28 permits quotation from published works for purposes such as criticism, research, etc., but this is limited to quotations (excerpts), not full-work reproduction. Article 31 permits libraries to reproduce works for users but is limited to portions of works (a single copy of a part of a work) for research purposes. Article 25 covers educational use. The most permissive exception for research is Article 30 (private use), which permits reproduction of full works by any individual for personal non-commercial purposes including private study. However, it is restricted to individuals ('personal use' / 'household'), does not cover sharing/communication, and is limited to reproduction. This maps to LIGHT BLUE. Non-commercial restriction is classification-neutral. The quotation exception (Art. 28) does not permit full-work reproduction. The library exception (Art. 31) is limited to parts of works for individual users. No general fair use or fair dealing clause existed in the 1987 Act.
Exceptions considered
Quotation from published works for research, criticism, education, etc. — limited to quotations/excerpts, not full works
Reproduction of published works for personal, non-profit use within household or similarly limited circle — full works permitted, reproduction only, individuals only
Libraries may reproduce parts of published works at request of users for research — limited to portions, institutional only
Use for school education purposes — limited to educational institutions, not general research
Original text
제30조(사적이용을 위한 복제) 공표된 저작물을 영리를 목적으로 하지 아니하고 개인적으로 이용하거나 가정 및 이에 준하는 한정된 범위 안에서 이용하는 경우에는 그 이용자는 이를 복제할 수 있다. 다만, 공중의 사용에 제공하기 위하여 설치된 복사기기에 의한 복제는 그러하지 아니하다.
English rendering
[Unofficial translation]: Article 30 (Reproduction for Private Use) Where a work already made public is reproduced for non-profit purposes for personal use or for use within a household or within a similarly limited circle, the user may reproduce such work: Provided, That this shall not apply to reproduction by means of copying machines installed for public use.
Source links
저작권법 (Copyright Act, wholly amended by Act No. 8101)
Relevant update · Effective 2007-06-29
60%
Relevant section: Article 28, Article 30, Article 31, Article 35-3
Dates: Effective 2007-06-29 · Enacted 2006-12-28
Why this score
The 2006 wholesale amendment (Act No. 8101) reorganized the Copyright Act but did not materially change the private use exception (Art. 30), quotation exception (Art. 28), or library exception (Art. 31) in ways that altered their scope for research. The structure was modernized but the substantive provisions remained equivalent. No fair use clause was added at this point. Classification remains LIGHT BLUE based on Article 30 (private use reproduction of full works, individuals only, reproduction only).
Exceptions considered
Quotation from published works for research, criticism, etc. — limited to quotations
Reproduction of published works for personal non-profit use — full works, reproduction only, individuals only
Libraries may reproduce parts of published works for users' research — portions only, institutional
Use for school education — institutional/educational
Original text
제30조(사적이용을 위한 복제) 공표된 저작물을 영리를 목적으로 하지 아니하고 개인적으로 이용하거나 가정 및 이에 준하는 한정된 범위 안에서 이용하는 경우에는 그 이용자는 이를 복제할 수 있다. 다만, 공중의 사용에 제공하기 위하여 설치된 복사기기에 의한 복제는 그러하지 아니하다.
English rendering
[Unofficial translation]: Article 30 (Reproduction for Private Use) Where a work already made public is reproduced for non-profit purposes for personal use or for use within a household or within a similarly limited circle, the user may reproduce such work: Provided, That this shall not apply to reproduction by means of copying machines installed for public use.
Source links
저작권법 (Copyright Act, amended by Act No. 10807)
Relevant update · Effective 2011-12-02
100%
Relevant section: Article 35-3
Dates: Effective 2011-12-02 · Enacted 2011-06-30
Why this score
Act No. 10807 (Jun. 30, 2011, effective Dec. 2, 2011 per Act No. 11110) introduced Article 35-3, a general fair use clause modeled on U.S. fair use. This provision permits 'use' (이용) of works — not merely reproduction — for purposes including research, criticism, education, and reporting. The term '이용' (use/utilization) covers any exclusive right including reproduction, communication, distribution, and making available. It applies to all types of works and is open to any user (no restriction to individuals or institutions). The four-factor test and three-step-test language are proportionality qualifiers that are classification-neutral. Research is explicitly listed as an illustrative purpose. This is a general fair use clause open to any user, any work, and any use (including sharing), which maps to GREEN. Pre-existing exceptions (Arts. 28, 30, 31) remain in force but are less permissive than Art. 35-3. The non-commercial factor is merely one consideration, not a restriction — classification-neutral.
Exceptions considered
General fair use clause — works may be used for research, criticism, education, reporting, etc., subject to four-factor test and three-step test; covers any use, any work, any user
Quotation from published works — limited to quotations/excerpts
Reproduction for private use — full works, reproduction only, individuals only
Library reproduction — portions of works for users' research, institutional
Original text
제35조의3(저작물의 공정한 이용) ① 제23조부터 제35조의2까지, 제101조의3부터 제101조의5까지의 경우 외에 저작물의 통상적인 이용 방법과 충돌하지 아니하고 저작자의 정당한 이익을 부당하게 해치지 아니하는 경우에는 보도·비평·교육·연구 등을 위하여 저작물을 이용할 수 있다. ② 저작물 이용 행위가 제1항에 해당하는지를 판단할 때에는 다음 각 호의 사항 등을 고려하여야 한다. 1. 영리성 또는 비영리성 등 이용의 목적 및 성격 2. 저작물의 종류 및 용도 3. 이용된 부분이 저작물 전체에서 차지하는 비중과 그 중요성 4. 저작물의 이용이 그 저작물의 현재 시장 또는 가치나 잠재적인 시장 또는 가치에 미치는 영향
English rendering
[Unofficial translation]: Article 35-3 (Fair Use of Works) (1) In cases other than those provided for in Articles 23 through 35-2 and Articles 101-3 through 101-5, where the use does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author, a work may be used for purposes such as reporting, criticism, education, research, etc. (2) In determining whether the use of a work falls under paragraph (1), the following matters shall be considered: 1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit purposes; 2. The type and nature of the work; 3. The amount and substantiality of the portion used in relation to the work as a whole; 4. The effect of the use upon the current market or value or potential market or value of the work.
Source links
저작권법 (Copyright Act, amended by Act No. 19410)
Relevant update · Effective 2023-11-16
100%
Relevant section: Article 35-5
Dates: Effective 2023-11-16 · Enacted 2023-05-16
Why this score
Act No. 19410 (enacted May 16, 2023, effective Nov. 16, 2023) introduced Article 35-5, a TDM-specific exception permitting reproduction and transmission (전송, which includes making available/communication) of works for information analysis using automated computer technology. This exception is open to any user, covers all types of works, and permits both reproduction and transmission. It requires lawful access (classification-neutral). However, the overall classification remains GREEN primarily because of the pre-existing Article 35-3 (general fair use), which already covered any use of any work by any user for research. The new TDM exception reinforces and clarifies the GREEN classification. Article 35-5 on its own would also be GREEN (covers reproduction + transmission, any user, any work).
Exceptions considered
General fair use clause — any use of any work by any user for research, criticism, education, etc.
TDM exception — reproduction and transmission for information analysis using automated computer technology, any user, any work, lawful access required
Quotation from published works — limited to quotations
Reproduction for private use — full works, reproduction only, individuals only
Library reproduction — portions of works for users' research, institutional
Original text
제35조의5(정보분석을 위한 복제·전송) ① 컴퓨터를 이용한 자동화 분석 기술을 통해 다수의 저작물을 포함한 대량의 정보를 분석(이하 이 조에서 "정보분석"이라 한다)하기 위하여 필요한 한도에서 저작물을 복제·전송할 수 있다. ② 제1항에도 불구하고 저작물에 적법하게 접근할 수 있는 경우에 한하여 정보분석을 위한 복제·전송을 할 수 있다. ③ 제1항 및 제2항에 따라 만들어진 복제물은 정보분석을 위하여 필요한 한도에서 보관할 수 있다.
English rendering
[Unofficial translation]: Article 35-5 (Reproduction and Transmission for Information Analysis) (1) Works may be reproduced and transmitted to the extent necessary for analyzing large volumes of information including numerous works through automated analysis technology using computers (hereinafter referred to as 'information analysis' in this Article). (2) Notwithstanding paragraph (1), reproduction and transmission for information analysis may be carried out only where the works can be lawfully accessed. (3) Copies made pursuant to paragraphs (1) and (2) may be retained to the extent necessary for information analysis.
Source links
저작권법 (Copyright Act, amended by Act No. 20358)
Relevant update · Effective 2024-08-28
100%
Relevant section: Article 35-3, Article 35-5
Dates: Effective 2024-08-28 · Enacted 2024-02-27
Why this score
Act No. 20358 (enacted Feb. 27, 2024, effective Aug. 28, 2024) made amendments to the Copyright Act. The cross-reference in Article 35-3(1) was updated from 'Articles 23 through 35-2' to 'Articles 23 through 35-5' to reflect the insertion of new articles including the TDM exception. The substantive scope of the fair use clause and the TDM exception remain unchanged. Classification remains GREEN based on Article 35-3 (general fair use: any use, any work, any user for research) and Article 35-5 (TDM: reproduction and transmission for information analysis, any user, any work).
Exceptions considered
General fair use clause — any use of any work by any user for research, criticism, education, etc.
TDM exception — reproduction and transmission for information analysis, any user, any work
Quotation from published works — limited to quotations
Reproduction for private use — full works, reproduction only, individuals only
Library reproduction — portions of works for users' research, institutional
Original text
제35조의3(저작물의 공정한 이용) ① 제23조부터 제35조의5까지, 제101조의3부터 제101조의5까지의 경우 외에 저작물의 통상적인 이용 방법과 충돌하지 아니하고 저작자의 정당한 이익을 부당하게 해치지 아니하는 경우에는 보도·비평·교육·연구 등을 위하여 저작물을 이용할 수 있다.
English rendering
[Unofficial translation]: Article 35-3 (Fair Use of Works) (1) In cases other than those provided for in Articles 23 through 35-5 and Articles 101-3 through 101-5, where the use does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author, a work may be used for purposes such as reporting, criticism, education, research, etc.
Source links
저작권법 (Copyright Act, as amended up to Act No. 20358)
Current law confirmation · Effective 2024-08-28
100%
Relevant section: Article 35-3 (Fair Use), Article 35-5 (TDM), Article 28 (Quotation), Article 30 (Private Use), Article 31 (Libraries)
Dates: Effective 2024-08-28 · Enacted 2024-02-27
Why this score
As of 2025, the Korean Copyright Act contains a robust set of research-relevant exceptions. The most permissive is Article 35-3, a general fair use clause that permits 'use' (이용) of works for research, criticism, education, reporting, and other purposes, subject to a four-factor test and three-step test. The term 'use' covers any exclusive right (reproduction, communication, distribution, making available). It applies to all types of works and is open to any user — no restriction to individuals or institutions. Research is explicitly listed. This maps to GREEN. Additionally, Article 35-5 provides a specific TDM exception permitting reproduction and transmission for information analysis using automated computer technology, open to any user and any work (also GREEN individually). Other exceptions remain in force: Art. 28 (quotation — RED individually), Art. 30 (private use — LIGHT BLUE individually), Art. 31 (library reproduction — ORANGE individually). The overall classification is GREEN based on Art. 35-3 as the most permissive exception. Classification-neutral factors (non-commercial consideration in the four-factor test, lawful access requirement in Art. 35-5, proportionality qualifiers) were not factored into the color decision.
Exceptions considered
General fair use clause — any use of any work by any user for research, criticism, education, reporting, etc., subject to four-factor test and three-step test
TDM exception — reproduction and transmission for information analysis using automated computer technology, any user, any work, lawful access required, retention permitted
Quotation from published works for criticism, research, etc. — limited to quotations/excerpts, not full works
Reproduction of published works for personal non-profit use within household or similarly limited circle — full works, reproduction only, individuals only
Libraries may reproduce parts of published works for users' research — portions of works, institutional, includes digital lending provisions
Use for school education purposes — reproduction and communication for educational purposes, restricted to educational institutions
Original text
제35조의3(저작물의 공정한 이용) ① 제23조부터 제35조의5까지, 제101조의3부터 제101조의5까지의 경우 외에 저작물의 통상적인 이용 방법과 충돌하지 아니하고 저작자의 정당한 이익을 부당하게 해치지 아니하는 경우에는 보도·비평·교육·연구 등을 위하여 저작물을 이용할 수 있다. ② 저작물 이용 행위가 제1항에 해당하는지를 판단할 때에는 다음 각 호의 사항 등을 고려하여야 한다. 1. 영리성 또는 비영리성 등 이용의 목적 및 성격 2. 저작물의 종류 및 용도 3. 이용된 부분이 저작물 전체에서 차지하는 비중과 그 중요성 4. 저작물의 이용이 그 저작물의 현재 시장 또는 가치나 잠재적인 시장 또는 가치에 미치는 영향
English rendering
[Unofficial translation]: Article 35-3 (Fair Use of Works) (1) In cases other than those provided for in Articles 23 through 35-5 and Articles 101-3 through 101-5, where the use does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author, a work may be used for purposes such as reporting, criticism, education, research, etc. (2) In determining whether the use of a work falls under paragraph (1), the following matters shall be considered: 1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit purposes; 2. The type and nature of the work; 3. The amount and substantiality of the portion used in relation to the work as a whole; 4. The effect of the use upon the current market or value or potential market or value of the work.