(1) The following performances, phonograms and broadcasts shall be protected pursuant to this Act: <Amended on Dec. 2, 2011; May 18, 2021; Aug. 8, 2023>
1. Performances:a. Performances conducted by nationals of the Republic of Korea (including legal persons established under the statutes of the Republic of Korea, and foreign legal persons maintaining their main offices in the Republic of Korea; hereinafter the same shall apply);b. Performances protected under the international treaties to which the Republic of Korea has acceded or which it has ratified;c. Performances fixed in phonograms as referred to in any item of subparagraph 2;d. Performances transmitted by broadcasts as referred to in any item of subparagraph 3 (excluding those included in sound or visual recordings before transmission);
2. Phonograms:a. Phonograms produced by nationals of the Republic of Korea;b. Phonograms in which sounds have been fixed for the first time in the Republic of Korea;c. Phonograms in which sounds have been fixed for the first time in a contracting state to the treaties and thus protected under such treaties to which the Republic of Korea has acceded or which it has ratified and thus protected under such treaties;d. Phonograms which are protected according to treaties to which the Republic of Korea has acceded or which it has ratified, and whose producers are nationals (including any legal person established pursuant to the statutes of the relevant contracting state and any legal person whose main office is located in the relevant contracting state) of the contracting state;
3. Broadcasts:a. Broadcasts made by broadcast organizations which are nationals of the Republic of Korea;b. Broadcasts made from broadcasting facilities located in the Republic of Korea;c. Broadcasts made by broadcast organizations who are nationals of a contracting state, from broadcasting facilities located in the contracting state to the treaties to which the Republic of Korea has acceded or which it has ratified and thus protected under such treaties.
(2) Even in cases of performances, phonogram and broadcasts of foreigners protected pursuant to paragraph (1), where the period of protection has expired in the relevant foreign country, the period of protection under this Act shall not be recognized. <Added on Dec. 2, 2011>