(1) Where the holder of author's economic rights or other rights (excluding author's moral right and performer's moral right) protected under this Act (hereinafter referred to as "holder of author's economic rights, etc.") claims remuneration against a person who has infringed on his or her rights intentionally or by negligence for damages sustained from the relevant infringement, if the infringing person has gained any profit by his or her infringement, the relevant amount of profit shall be presumed to be the amount of damages sustained by the holder of author's economic rights, etc. <Amended on Aug. 8, 2023>
(2) Where the holder of author's economic rights, etc. claims remuneration against a person who has infringed on his or her rights by intention or negligence for damage sustained by reason of the relevant infringement, the amount corresponding to that would normally be available by an exercise of such rights shall be the amount of damages sustained by the holder of author's economic rights, etc., and a claim therefor may be made. <Amended on May 18, 2021; Aug. 8, 2023>
(3) Notwithstanding paragraph (2), where the amount of damages sustained by the holder of author’s economic rights, etc. exceeds the amount under paragraph (2), a claim for such excess amount may also be made. <May 18, 2021>
(4) Any person who has infringed on copyright, exclusive right of publication (including cases applied mutatis mutandis under Articles 88 and 96), publication right, neighboring right or right of database producer which is registered shall be presumed to have been negligent in the relevant infringement. <Amended on Apr. 22, 2009; Dec. 2, 2011>