ENGLISH

Using Music Works
Music works and copyright
Concept of music works
-What are music works?
· “Music works” refer to all works included as music, such as classical, pop, K-pop, etc. Music works include operas, musicals, etc. that involve language, in addition to music pieces, and pieces such as impromptu music or those without fixed lyrics may be protected as music works if they have originality (Article 4(1), Article 5(1), Article 6(1), and Article 10(2) of the Copyright Act).
· Generally, a music work is defined as “something in which a consistent feeling or emotion is creatively expressed by harmonizing the level, length, and intensity of sound,” or “a music work expressed according to notes” (page 32, “Music and Copyright,” Korea Copyright Commission, 2010).
· The core element of a music work is the notes or sound, and not only are music pieces with tune, rhythm, chord, etc. as elements, but also the lyrics expressed musically in use with the music pieces are included in the concept of music works (page 32, “Music and Copyright,” Korea Copyright Commission, 2010).
√ Impromptu music is included in the concept of music works (page 32, “Music and Copyright,” Korea Copyright Commission, 2010).
√ Provided, that a “score” in which sound that forms a music work is only a medium or method to fix music and not a music work itself (page 33, “Music and Copyright,” Korea Copyright Commission, 2010).
Rights regarding music works (copyright)
- Copyright
· “Copyright” refers to the right that the author holds regarding the work (refer to Article 2(1), (2), Article 10(1) of the “Copyright Act”).
√ “Work” refers to the creation that expresses human's thought or emotion (Article 2(1) of the “Copyright Act”).
√ “Author” refers to the person that created the work (Article 2(2) of the “Copyright Act”).
√ “Copyright owner” refers to the person in which the copyright regarding the work belongs to (Korea Copyright Commission term dictionary)
√ A transferee that receives all or part of author’s economic right from the copyright owner pursuant to Article 45(1) of the “Copyright Act” becomes the copyright owner of all or part of the author's economic right (Korea Copyright Commission term dictionary).
· Copyright is categorized as the author’s moral right to protect the honor and personal benefit of the author and the author’s economic right to preserve the economic benefit of the author (Refer to the Ministry of Culture, Sports and Tourism website).
- Neighboring rights
· “Neighboring rights” refers to a right granted to a person that is not directly creating work but plays the role as an interpreter, mediator, deliverer, means “neighboring” copyright, and is called “neighboring rights” in English. Persons protected by such neighboring rights include performers, music producers, broadcasters (Refer to the Ministry of Culture, Sports and Tourism website).
- Author’s economic right
· As with property such as land, copyright can be purchased or inherited, and may be loaned to another person. If a person uses another person’s work without authorization the copyright holder may file a civil claim for damages and request (sue) criminal punishment regarding the infringer. Generally, a copyright holder may receive a financial cost by transferring the copyright to another person or authorizing another person to use of the copyright holder’s own work. Such economic aspect of copyright is referred to as author’s economic right (Refer to the Ministry of Culture, Sports and Tourism website).
- Author’s moral right
· An author, such as a novelist, holds the right of paternity to indicate the novelist’s name on the published novel, along with the right of integrity that prevents the title, content, etc. of the novel from changing in the process in which the work is used in various forms, and also holds the right to make public that can determine whether the novel will be published. As this is a right given in the aspect of protecting the character of the author, it is referred to as the author’s moral right, and it is distinguished from the author’s economic right (Refer to the Ministry of Culture, Sports and Tourism website).
- Copyright is generated from the point in which a work is created, and it does not require fulfillment of any procedure or form (Article 10(2) of the “Copyright Act”).
Music works as works of the “Copyright Act”
- Article 4 of the “Copyright Act” gives 9 examples including music works regarding the types of works. However, there is no separate regulation regarding music works (page 32, “Music and Copyright,” Korea Copyright Commission, 2010).