(1) Any person who intends to engage in copyright trust service shall obtain permission from the Minister of Culture, Sports and Tourism as prescribed by Presidential Decree; and a person who intends to engage in copyright agency or brokerage service shall report thereon to the Minister of Culture, Sports and Tourism as prescribed by Presidential Decree; provided, the Minister of Culture, Sports and Tourism may designate a public institution under the Act on the Management of Public Institutions as an organization that provides copyright trust service. <Amended on Feb. 29, 2008; Mar. 22, 2016; May 18, 2021>
(2) Anyone who intends to operate the copyright trust service pursuant to paragraph (1) shall satisfy the following requirements, prepare operational rules for copyright trust service as prescribed by Presidential Decree and submit them together with an application for permission for copyright trust service to the Minister of Culture, Sports and Tourism; provided, the requirements prescribed in subparagraph 1 shall not apply to a public institution under the proviso of paragraph (1): <Amended on Feb. 29, 2008; Mar. 22, 2016; Feb. 4, 2020>
1. That it shall be an organization comprised of the holders of right to works, etc.;
2. That it shall not aim at profit-making;
3. That it shall have sufficient capability to execute the duties, such as the collection, distribution, etc. of royalties.
(3) A person who intends to report copyright agency or brokerage service pursuant to the main clause of paragraph (1) shall prepare operational rules for copyright agency or brokerage service as prescribed by Presidential Decree and submit them to the Minister of Culture, Sports and Tourism, together with a report on copyright agency or brokerage service. <Added on Feb. 4, 2020>
(4) Where a person who has obtained permission for copyright trust service pursuant to paragraph (1) intends to change any important matter prescribed by Decree of the Ministry of Culture, Sports and Tourism, he or she shall obtain permission for change from the Minister of Culture, Sports and Tourism as prescribed by Decree of the Ministry of Culture, Sports and Tourism, and where a person who has reported copyright agency or brokerage service intends to change any reported matter, he or she shall file a report on change to the Minister of Culture, Sports and Tourism, as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Added on Feb. 4, 2020>
(5) The Minister of Culture, Sports and Tourism shall notify a person who has filed the report whether or not to accept a report or a report on change, within the period prescribed by Decree of the Ministry of Culture, Sports and Tourism from the date of receiving the report under the main clause of paragraph (1) or the report on change under paragraph (4). <Added on Feb. 4, 2020>
(6) If the Minister of Culture, Sports and Tourism fails to notify a person who has filed a report or a report on change whether his or her report is accepted or whether the processing period is extended pursuant to statutes or regulations related to processing of civil petitions within the period prescribed in paragraph (5), the report shall be deemed accepted on the day following the last day of such period. <Added on Feb. 4, 2020>
(7) A person who falls under any of the following subparagraphs may not obtain permission for or file a report on copyright trust service or copyright agency or brokerage service (hereinafter referred to as "copyright management service") under paragraph (1): <Amended on Mar. 21, 2017; Feb. 4, 2020; Dec. 8, 2020>
1. A person under adult guardianship;
2. A person declared bankrupt and not yet reinstated;
3. A person for whom one year has not elapsed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed or exempted;
4. A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court;
5. A person who falls under any of the following subparagraphs who violates this Act or Article 355 or 356 of the Criminal Act;(a) A person who is under suspension of the sentence of his or her imprisonment without labor or heavier punishment declared by a court;(b) A person for whom one year has not passed since his or her sentence of fine;
6. Any person who has no domicile in the Republic of Korea;
7. Any juristic person or organization in which a person falling under any of subparagraphs 1 through 6 is the representative or executive officer.
(8) Any person who has obtained permission for or reported on copyright management service under paragraph (1) (hereinafter referred to as "copyright management service provider") may collect fees for his or her services from the holder of author’s economic rights or other interested persons. <Amended on Feb. 4, 2020>
(9) The rate and amount of fees under paragraph (8) and the rate and amount of royalties that a copyright trust service provider receives from users shall be determined by the copyright trust service provider after he or she obtains approval from the Minister of Culture, Sports and Tourism. In such cases, the Minister of Culture, Sports and Tourism shall collect opinions from interested parties, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 22, 2016; Feb. 4, 2020>
(10) The Minister of Culture, Sports and Tourism shall grant approval under paragraph (9) after deliberation by the Commission, and may, if necessary, set the period of time for the approval or grant approval after correcting the content in the application. <Amended on Feb. 29, 2008; Apr. 22, 2009; Feb. 4, 2020>
(11) Upon receipt of an application for approval of the rate or amount of royalties under paragraph (9) or upon granting approval, the Minister of Culture, Sports and Tourism shall publicly announce the content thereof as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Feb. 4, 2020>
(12) Where necessary for the protection of rights of the holder of author’s economic rights and other parties or for the convenience of use of works, etc., the Minister of Culture, Sports and Tourism may change the content of approval under paragraph (9). <Amended on Feb. 29, 2008; Feb. 4, 2020>