Providing Links to Illegal Copies Also Constitutes Copyright Infringement... Damages Increased Fiftyfold

Copyright Act Amendment Passes National Assembly Committee
New On-Site Investigation Authority for Officials

The legislative process for the amendment to the Copyright Act, which defines the provision of links to illegal copies as copyright infringement and significantly strengthens the cap on damages, has gained momentum. The amendment bill, sponsored by Assemblyman Jin Jongoh, passed the National Assembly's Culture, Sports and Tourism Committee on November 28.

The current law only regulates acts of directly posting or distributing illegal copies. As a result, websites that provide links-often at the center of illegal content dissemination-have remained outside the scope of enforcement.

The amendment explicitly defines providing links to illegal copies for commercial purposes, or posting such links with knowledge of their illegality, as copyright infringement. This enables legal sanctions not only for direct postings but also for indirect distribution channels.

Punitive damages will also be significantly strengthened. While the original bill proposed compensation of up to three times the damages, the government’s opinion was reflected, raising the cap to fifty times the actual damages.

A new provision grants officials the authority to conduct on-site investigations. Until now, enforcement was limited to the collection and disposal of illegal copies. The amendment clearly stipulates the authority to enter sites, conduct investigations, and review documents, and refusal to comply will be subject to penalties.