Commons talk:Copyright rules by territory/North Korea

Article 12 of Copyright Law (COM:NOP North Korea & Template:PD-KPGov)

There are total 3 versions of Copyright Law. (2001, 2006 and 2012). In 2006, they only amended Article 12.

Comparison of Copyright Law

2001 version	2006 & 2012 version
제12조 법령, 결정, 지시 같은 국가관리문건과 시사보도물, 통보자료 같은 것은 저작권의 대상으로 되지 않는다.	제12조 (저작권의 제외대상) 국가관리 문건과 시사보도물, 통보자료 같은 것은 상업적목적이 없는 한 저작권의 대상으로 되지 않는다.
Article 12 Documents for state management such as ordinance, decision or directive, current news or information data shall not be the object of copyright unless commercial purpose is pursued.	Article 12 (Exclusion of copyright) Documents for state management, current news or information data shall not be the object of copyright unless commercial purpose is pursued. (WIPO)

They expanded the scope of government works by removing expression "ordinance, decision, or directive." However, at the same time, they added the expression "unless commercial purpose is pursued," clearly stating that copyright exists in cases of commercial uses.

Choi Eun-seok: "In the context of school education or academic research, these works are not subject to copyright and can be used freely. However, when they are published or used for commercial purposes or profit, it is considered copyright infringement."

North Korea's decision to treat state-controlled documents as copyrighted works when used for commercial purposes can be interpreted as an effort to protect their state-related documents, which are currently used in foreign countries such as South Korea and Japan. High-ranking defectors, who requested anonymity, stated that in North Korea, state-controlled documents are issued to control and manipulate the population, and cannot be used for commercial purposes. They also said that North Korea’s move to protect state-controlled documents used for commercial purposes suggests an effort to protect their national documents from being brought into countries like South Korea and Japan, where they are used for research and publicly aired on television.

North Korea adopted its Copyright Law, consisting of 48 articles in 6 chapters, at the 4th session of the 10th Supreme People's Assembly in April 2001. After adopting the law, North Korea has actively asserted copyright protection for its works used in South Korea. Through this process, North Korea recognized the potential for long-term economic gains from copyright protection and joined the Berne Convention for the International Protection of Literary and Artistic Works.

On April 26, the Korean Central News Agency stated that, in celebration of "World Intellectual Property Day", North Korea has recently been working on the creation, promulgation, and revision of laws and regulations in the intellectual property sector. However, due to North Korea’s secrecy, the amended copyright law, which was revised in 2006, has only recently been made public in South Korea, three years later.

— "북, 저작권 보호 강화 법 개정" [North Korea amended laws to strengthen copyright protection], 26 November 2009, Radio Free Asia.

To summarize, documents for state management, current news or information data, and notifications created after February 1, 2006, cannot be used commercially and should be removed from Commons. e.g. File:Letter from DPRK Leader Kim Jung-un to US president Donald Trump(Kor).jpg, File:조선말규범집(2010).pdf, File:North-korea-working-visa-cropped.jpg, File:Note Page of DPRK E-Passport For Public Affairs under black light.jpg --Namoroka (talk) 10:01, 23 January 2025 (UTC)

And regardless of above, videos, photos, and other content from Korean Central News Agency (KCNA), Korean Central Television (KCTV), or other similar government agencies have always been protected by copyright. e.g. File:News piece published by the Korean Central News Agency, in reaction to a UN Human Rights report, 2014 (screen shot).png, File:North Koreans using computers.jpg, File:110th Birthday of KIS 2022.gif. They are all for-profit organization because South Korean broadcasters pay more than $100 million a year to use footage from KCNA and other media outlets (although sanctions are preventing them from sending money). Broadcasting & photographic works are clearly protected by copyright under Article 4, 9, 15 and 37 of copyright law of North Korea. See also: Commons:Deletion requests/File:KimJungUn-KCTV.png --Namoroka (talk) 10:12, 23 January 2025 (UTC)

한국어 요약 (Summary in Korean): 2006년 개정된 북한 저작권법에서는 저작권의 제외 대상에 "상업적목적이 없는 한"이라는 조건이 추가되었기 때문에, 상업적 이용이 가능한 파일만 업로드 가능한 위키미디어 공용에서는 이러한 자료들을 사용해서는 안 된다고 생각합니다. 따라서 2006년 법령 개정 전의 저작물은 사용이 가능하지만, 그 후의 저작물은 삭제해야 합니다. / 또한 조선중앙통신, 로동신문 등과 같은 북한 방송, 언론사의 저작물은 (한국 방송사들이 저작권료를 매년 지급하고 있는 등) 여러 사정을 미뤄보아 명백히 저작권이 존재하나, 이를 제대로 이해하지 못하는 사용자들에 의해 공용에서 지속적으로 업로드되고 있어 해당 부분 또한 언급하였습니다.--Namoroka (talk) 07:52, 18 March 2025 (UTC)

Indeed, these files should not be allowed on Commons. It is similar to a CC-BY-NC restriction. It's also a fair to assume that KCNA/KCTV broadcasts are not in the public domain, considering that Foundation of Inter-Korea Cooperation is currently holding funds from copyright licensing of KCTV broadcasts (although, no funds have been sent to North Korea after the UN sanctions). Takipoint123 (💬) 21:40, 18 March 2025 (UTC)