The person that created the music work is the right holder. 
Author
- “Author” refers to the person that created the work, and while the “Copyright Act” (Article 2(2) of the “Copyright Act”) restricts the author as an individual, a corporate, organization, or user is recognized as an author as an exception. As such, a work in which a corporate, organization, etc. is the author is specially referred to as works made for hire (page 20, “Music and Copyright,” Korea Copyright Commission, 2010).
- An author holds the author’s moral right and author’s economic right (Article 10(1) of the “Copyright Act”).
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Type of right
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Items
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Right holder
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Author’s moral right
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Right to make public
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Lyricist, composer, arranger
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Right to indicate one’s real name
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Right to maintain the identity of the content
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Author’s economic right
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Right of reproduction
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Lyricist, composer, arranger, transferee and successor of author’s economic right
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Right of public performance
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Right of public transmission
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Right of distribution
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Right of rental
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Right of production of derivative works
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Copyright holder of music work
- The copyright holder of a music work includes the lyricist, composer, and arranger.
Presumption of copyright holder
- A person relevant to any one of the following is presumed to have the copyright regarding the work as the author (Article 8(1) of the “Copyright Act”).
1. Real name or nickname (refers to stage name, pen name, abbreviated name, etc., hereinafter shall be the same) as the copyright holder of the original or copy of the work, as person indicated with general method that is renowned.
2. A person indicated with real name as author or the renowned nickname of the author for performing or transmitting the work publicly
※ “Public transmission” refers to transmitting works, stage performances, phonograms, broadcasts or database (hereinafter referred to as “works, etc.”) by making such available to the public by wire or wireless means so that the public may receive them or have access to them (Subparagraph 7 of Article 2 of the “Copyright Act”).
- For the work without indication of the author relevant to any one of 1 or 2 above, the issuer, performer, or utterer is presumed to have the copyright (Article 8(2) of the “Copyright Act”).
※ “Publication” refers to a reproduction and distribution of the works or phonograms to meet public demand (Subparagraph 24 of Article 2 of the “Copyright Act”).
※ “Public performance” refers to presenting to the public works, performances, phonograms or broadcasts by acting, musical playing, singing, narrating, reciting, screening, playback or other means, including transmission (excluding interactive transmission) made in the connected premises in the possession of one and the same person (Subparagraph 3 of Article 2 of the “Copyright Act”).
※ “Making works public” refers to making the works open to the public by means of public performance, public transmission, or exhibit and by other means, and to publish the works (Subparagraph 25 of Article 2 of the “Copyright Act”).
If the right of music work is registered, a claim can be made regarding the right more easily.
Registration of author’s right
- The registration of a work can be made by the author's request or entrustment (Refer to Article 53 of the “Copyright Act” and Article 25 of the “Enforcement Decree of the Copyright Act”).
- In the event that the author is deceased, if there is no special intent indication, the person that the author designated on the will or the heir may make the registration (Article 53(2) of the “Copyright Act”).
- The author may register the following matters (Article 53(1) of the “Copyright Act” and Article 24 of the “Enforcement Decree of the Copyright Act”).
· Real name or nickname (restricted to the event of using the nickname at the time of making works public), nationality, address or residence of the author
· Title, type, creation date, month, and year of the work
· Whether the work is made public, and the date, month, year and country in which it was first made public
· Title and author of the original work for derivative work
· Information regarding the media in which the work was made public, for work made public
· Matters regarding shares in the event that there are at least two (2) registration right holders
Effectiveness of registration of copyright
- While copyright can be protected without registration, if registered, the following effectiveness is available (Refer to page 132, “100 Copyright Consultation Cases Pursuant to Amended Copyright Act 2012,” Korea Copyright Commission, 2012).
· Presumed as the author of the registered work, and it will be presumed to be created or made public on the date, month, and year registered in which it was made public (main text of Article 53(3) of the “Copyright Act”).
√ Provided, that in the event that where the date, month and year of creation has been registered after one (1) year passed from the time when a work had been created, it should not be presumed to have been created on the date, month, and year registered (proviso of Article 53(3) the “Copyright Act”).
· In filing a claim for damages regarding the infringement of a registered copyright, the victim (copyright holder) may impute the burden of proof regarding fact of infringement to the person that has made the infringement (refer to Article 125(4) of the “Copyright Act”).
· In the event that a transfer, etc. regarding the author’s economic right is registered, the person that has registered holds the binding power regarding a third party (refer to Article 54 of the “Copyright Act”).
The economic right regarding a music work may be transferred.
Registration of transfer of author’s economic right
- A transfer of author’s economic right (excluding cases of inheritance and other general succession) may be registered, and if not registered, cannot bind third parties (Article 54 of the “Copyright Act”).
Transfer of author’s economic right
- All or part of the author’s economic right may be transferred (Article 45(1) of the “Copyright Act”).
Presumption regarding transfer of author’s economic right
- In the event that the author’s economic right is transferred by assignment in whole, the right of the production and use of a derivative work pursuant to Article 22 of the “Copyright Act” should be presumed not to be included in the transfer, unless otherwise stipulated (main text of Article 45(2) of the “Copyright Act”).
· Thus, in order to receive including the right of production of derivative work, the fact that the transfer is made including the right of production of derivative work must be specified in the contract, etc.
Arrangement, alteration, dramatization of a music work becomes a new work (derivative work).
Arrangement of derivative work as new work
- The copyright holder holds the right of production of derivative work that can make and use derivative work through translation, arrangement, alteration, dramatization, cinematization, etc. of the original work (Article 5(1) and Article 22 of the “Copyright Act”).
- A derivative work of the original work is protected as an independent work (Article 5(1) of the “Copyright Act”).
- The protection of a derivative work does not influence the right of the author of its original work (Article 5(2) of the “Copyright Act”).