Transfer and use authorization of author’s economic right
How a person other than the author can use the work
- The “Copyright Act” prescribes transfer of author’s economic right (Article 45 of the “Copyright Act”) and authorization to use works (Article 46 of the “Copyright Act”) as methods of using work.
Authorization to use works
- A holder of author’s economic right may authorize another person to use the work (Article 46(1) of the “Copyright Act”).
- The person who obtained such authorization to use the work can exploit the work in such a manner and within the limit of such conditions so authorized (Article 46(2) of the “Copyright Act”).
- The right of exploitation through the use authorization may not be transferred by assignment to the third party without the consent of the holder of author’s economic right (Article 46(3) of the “Copyright Act”).
Receiving use authorization of music works
Confirmation of copyright holder of music work
- Conformation of copyright holder through copyright management service
· In principle, a person intending to use a music work is required to receive use authorization from the copyright holder unless there is a reason for restriction of author’s economic right. However, it is not easy for the user of a music work to confirm the copyright holder of work every time and receive authorization, and it is not easy for the author to contact each of the users to sign and manage a use authorization contract. For this reason, the Copyright Act prescribes a copyright management service to eliminate the hassle for the right holder in managing his or her right and to enable the user to conveniently the work (refer to Article 105 through Article 111 of the “Copyright Act”).
※ The <Find copyright> site (www.findcopyright.or.kr) of the Korea Copyright Commission provides a service for searching a copyright holder for finding a copyright holder conveniently by gathering copyright information such as works (approximately 600) managed by the copyright management service at one place.
Use authorization through company in charge of copyright trust service
Use method of work entrusted to copyright trust service provider
- In order to use a work entrusted to a copyright trust service, provider generally authorization of the copyright holder is not required, and authorization of the copyright trust service is required (refer to Find copyright, Korea Copyright Commission).
※ A copyright trust service provider cannot refuse to grant authorization to use the works, etc. it manages unless there is good cause (Article 106-2 of the “Copyright Act”).
- Provided, that in the event that the use method of a work involves changing the title, content, or form of the work and causes a problem for the author’s moral right, a separate approval from the author may be necessary (refer to Find copyright, Korea Copyright Commission).
Copyright trust service provider authorization status
- The trust service providers of music copyright and music neighboring right are as follows.
Name of organization
Subject of trust
Korea Music Copyright Association
Music copyright (lyricist, composer, arranger, etc.)
Federation of Korean Music Performers
Right of music performers (singer, musician, etc.)
Recording Industry Association of Korea
Right of phonogram producers
Copyright agency or brokerage service
- “Copyright agency or brokerage service” refers to a business which acts as an agent or a broker on behalf of the holder of economic rights of author, an exclusive right of publication, publication right, or neighboring right or a person who has the right as a database producer, regarding exploitation of works (Subparagraph 27 of Article 2 of the “Copyright Act”).
- A person who intends to engage in a copyright agency or brokerage service is required to report thereon to the Minister of Culture, Sports and Tourism as prescribed by Presidential Decree (Article 105(1) of the “Copyright Act”).
※ A person who engages in a copyright agency or brokerage service without reporting will be subject to a fine of no more than KRW 5 million (Subparagraph 5 of Article 138 of the “Copyright Act”).
※ Information search regarding copyright trust service and copyright agency or brokerage service available in the item <Copyright Management Service> of the Korea Copyright Commission Copyright Business Support Center website (www.findcopyright.or.kr
Use of music works through “copyright use authorization” of the Korea Copyright Commission Copyright Business Support Center
What is the “Copyright Business Support Center”?
- The Copyright Business Support Center is a website that enables the right holder and user to easily and conveniently sign a use authorization contract by providing the integrated management of right management information required for use of music works (Copyright Business Center_website
, Korea Copyright Commission).
Online copyright use authorization contract procedures
- The online copyright use authorization contract procedures of the Copyright Business Center are as follows (source: Copyright Business Center_website
, Korea Copyright Commission).
1. The application of the work to be used is filled out.
2. When the person-in-charge of the trust organization completes application approval and writing the contract, the result can be checked via email.
3. The details of the contract written are confirmed and the certificate is attached for approval.
4. The person-in-charge of the trust organization confirms the approved contract details and approves the final contract.
5. Signing of the use authorization contract is completed.