(1) Where a cultural facility prescribed by Presidential Decree (including the head of the relevant facilities; hereafter in this Article referred to as "cultural facilities") among facilities that are continuously used for cultural and artistic activities operated by the State or a local government cannot identify the holder of author's economic rights to a work (excluding foreigners' works under Article 3, hereafter in this Article the same shall apply) made public or his or her place of residence even after significant investigation corresponding to the standards prescribed by Presidential Decree, such cultural facility may reproduce, distribute, perform, exhibit, or publicly transmit the materials for the purpose of collecting, organizing, analyzing, and preserving materials stored in the cultural facility and providing them to the public (excluding purposes of making profits). <Amended on Aug. 8, 2023>
(2) The holder of author's economic rights may request the cultural facility under paragraph (1) to suspend the use of a relevant work pursuant to paragraph (1), and the cultural facility so requested shall suspend the use of the relevant work without delay.
(3) The holder of author's economic rights may request remuneration for the use under paragraph (1), and a cultural facility shall pay remuneration about which consultation was held with the holder of author's economic rights.
(4) Where no agreement has been reached despite having undergone procedures for consultation on remuneration under paragraph (3), a cultural facility or the holder of author's economic rights shall apply for determination of remuneration to the Minister of Culture, Sports and Tourism.
(5) Upon receipt of an application for determination of a remuneration under paragraph (4), the Minister of Culture, Sports and Tourism shall determine the amount of and timing for payment of the remuneration in consideration of the purpose, forms, scope of use, etc. of a work, and notify the cultural facility and the holder of author’s economic rights of such information.
(6) Where a cultural facility intends to use a work pursuant to paragraph (1), said cultural facility shall take necessary measures, such as posting information related to the list, content, etc. of works being used, and measures to prevent reproduction, in order to prevent infringement of copyright and other rights protected pursuant to this Act, as prescribed by Presidential Decree.
(7) Necessary matters regarding the procedures and methods for requesting suspension of use, application and procedures for determination of remuneration, etc. under paragraphs (2) through (5) shall be prescribed by Presidential Decree.[This Article Added on Nov. 26, 2019]