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Chapter II Protecting copyright for culture and arts related purchases
Article 8
Parties desiring to use the results of an organization or juridical person’s purchase related to culture and the arts shall, in principle, obtain a nonexclusive license to use the copyrighted material. However, where the following circumstances apply, the organization or juridical person may be granted partial or complete economic rights or be given exclusive license:
1. Where the purchase has been made to meet the need of an organization or juridical person;
2. where the results concern individuals’ privacy or personal information in the custody of an organization or juridical person;
3. where the results concern the security of or information in the custody of an organization or juridical person;
4. where the results are the basis of or reference for the organization or juridical person in carrying out key national policies in line with the organization’s core work; or
5. where other concerns for protecting the people’s interests including participation, reading, use, and shared culture apply.
An organization or juridical person obtaining a non-exclusive license as per the preceding may determine whether to sublicense use to another party.
Article 9
The author of the results of purchases related to culture and the arts by an organization or juridical person shall be the actual creator or the contracting party to the purchase agreement. However, where the provisos of Paragraph 1 of the preceding Article applies, and where Item 3 or Item 4 necessitate, the organization or juridical person may be determined to be the author.
Where the aforementioned provisos apply, purchase agreements may only be signed with vendors who are natural persons.
Article 10
Where for the results of purchases related to culture and the arts by an organization or juridical person the economic rights or exclusive license has been obtained, the actual creator or the contracting party to the purchase agreement shall be deemed the author. However, where the goal is teaching, research, compilation, internal training, or other non-profit endeavor, application may be made for the uncompensated use of the work which shall include all rights within the scope of the license and the right to sublicense.
Where the contracting party to the agreement or the actual creator seeks profit, it shall apply with the organization or juridical person holding the economic rights or exclusive license for the results of purchases related to culture and the arts. The application should show the license validity period, the zone of authorization, the license scope, the purpose of use, the methods, the license fee or other plan for repayment. The results may be used after the organization or juridical person approves the application and a contract is signed.
Where the organization or juridical person believes that the purpose of use, the methods, or other items within the scope of licensing run counter to the purpose for the original arts and culture related purchase or policy, it may refuse to grant a license.