Publication contracts and their legal interpretation in Korea

Abstract

This study intends to help editors and publishers understand what to be aware of when signing a publishing contract in Korea. The legal interpretation of publishing rights may vary depending on the type of contract. It is vital for publishers to understand the different characteristics of each type of contract: author-publisher agreements, establishment of publishing rights, transfer of the author's economic rights, and lump-sum agreements. Lump-sum agreements are a unique practice common in Korea, in which intellectual copyright is transferred upon a one-time lump-sum payment. Decisions regarding the infringement of publication rights in a given case will be rendered in accordance with the specific aspects of the relevant type of publication rights, and the work in question must be reviewed to determine whether it shows substantial similarity or sameness in order to prepare for any potential issues. Meanwhile, in Korea, electronic publishing requires an additional agreement separate from the printing publication agreement, but regulations regarding electronic publishing shall be confirmed through international agreements after considering the specific statutes and practices of publication in each country, as legal statutes and their interpretation may vary widely. Editors and publishers of academic papers and books must be aware of the various types of publishing contracts in practice.