Reproduction, distribution, performance of music works

Right of reproduction of music works
- "Reproduction” refers to the temporary or permanent fixation of works in a tangible medium or a remaking of works by means of printing, photographing, copying, sound or visual recording, or other means (Subparagraph 22 of Article 2 of the “Copyright Act”).
- The author has the right to reproduce his or her work (right of reproduction) (Article 16 of the “Copyright Act”).

Right of distribution of music works
- “Distribution” refers to a transfer by assignment or lending of the original or its copies to the public for free or at charge (Subparagraph 23 of Article 2 of the “Copyright Act”).
- The author has the right to distribute the original or copy of his or her work (main text of Article 20 of the “Copyright Act”).
- Provided, that the original or copy of the work has been offered to a deal by means of sale, etc. with authorization of the relevant holder of author’s economic right, the same does not apply (proviso of Article 20 of the “Copyright Act”).

Right of public performance of music works
- The music copyright holder has the right of public performance, which is the right to authorize or prohibit performing or playing the music he or she created (Article 17 of the “Copyright Act”).
- A person that has received transfer of right to perform the work from the author or holder of author’s economic right or authorized to use such holds the right to perform the right.
· All or part of the author’s economic right may be transferred (Article 45(1) of the “Copyright Act”).
· A holder of author’s economic right may authorize another person to use the work (Article 46(1) of the “Copyright Act”).
Delivery of music works through public performance and broadcasting

Public performance
- “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”).

Broadcasting
- “Broadcasting” refers to, among the public transmission, transmitting sound or image, or sound and image so that the public may receive it at the same time (Subparagraph 8 of Article 2 of the “Copyright Act”).
Use method of music works

Use types of music works
Authorization of copyright holder Requirement
|
Use method
|
Authorization of copyright holder is required
|
When a copyright holder is found
|
Direct use authorization received from the copyright holder
|
Use authorization through a consignment organization of copyright
|
Statutory license system (Korea Copyright Commission) when a settlement is not reached with the author
|
When a copyright holder is not found
|
Statutory license system (Korea Copyright Commission)
|
Authorization of copyright holder is not required
|
Music works past the copyright protection period (70 years), works extinguished of copyright, such as donated works, etc.
|
When copyright is restricted (private reproduction, non-profit performance, fair use, etc.)
|