ENGLISH

Using Music Works
When a settlement is not reached with the author, the remuneration may be deposited, and the work may be used.
Broadcasting of work made public
- In the event that a broadcasting organization which intends to broadcast a work already made public for the sake of the public benefit has negotiated with the holder of author’s economic rights but failed to reach an agreement, it may broadcast the work with approval of the Korea Copyright Commission and by paying to the holder of author’s economic right or depositing remuneration as prescribed by the Korea Copyright Commission (Article 51, Article 130 of the “Copyright Act,” and Article 68(1) of the “Enforcement Decree of the Copyright Act”).
Production of commercial phonograms
- If three (3) years have passed after the date of the first sale of a commercial phonogram in the Republic of Korea, and if any person who intends to produce a commercial phonogram by recording works already recorded on such phonogram has negotiated with the holder of author’s economic right but failed to reach an agreement, he or she may produce the phonogram with approval of the Korea Copyright Commission and by paying to the holder of author’s economic right or depositing remuneration under the standards prescribed by the Korea Copyright Commission (Article 52, Article 130 of the “Copyright Act,” and Article 68(1) of the “Enforcement Decree of the Copyright Act”).
Approval procedures
- A person that intends to obtain approval for broadcast of a work or for the production of phonograms of a work made public has to attach the following documents to the application for approval for the use of work and submit to the Korea Copyright Commission (Article 51 of the “Copyright Act,” Article 19, Article 68(1) of the “Enforcement Decree of the Copyright Act,” Article 4 and Form 1-4 of Annex of the “Enforcement Rule of the Copyright Act”).
· Work use application details (Form 2 of Annex of the “Enforcement Rule of the Copyright Act”)
※ If the form and content of work is unclear, a sample, drawing, picture, etc. of such attached
· Remuneration calculation statement
· Document that can reveal that the relevant work, etc. has been made public
· Interim documents regarding negotiation
- Submission of opinion of holder of author’s economic right
· The Korea Copyright Commission has to decide a period from seven (7) days to thirty (30) days and give an opportunity to submit an opinion to the relevant holder of author's economic right or his or her agent when receiving an application for approval for broadcasting or producing phonograms of a work made public (Subparagraph 2 of Article 20(1) and Article 68(1) of the “Enforcement Decree of the Copyright Act”).
· When an opportunity to submit an opinion is to be given pursuant to the above, the holder of the relevant author's economic right or the agent thereof has to be notified in writing no later than seven (7) days in advance, which states that the opportunity to submit an opinion will be deemed abandoned where an opinion is not submitted within the specified period (Article 20(2) and Article 68(1) of the “Enforcement Decree of the Copyright Act”).
- Approval evaluation
- The Korea Copyright Commission has to reject the application for approval for broadcasting of work made public is relevant to any one of the following (Article 22(1) and Article 68(1) of the “Enforcement Decree of the Copyright Act”).
√ If the requirements for application for approval for broadcasting work made public are not met
√ If a settlement with the holder of author’s economic right is reached prior to approval of broadcasting of work made public
√ If the holder of author's economic right retrieves all of the copies to prevent provision to broadcast
√ If the purpose cannot be achieved even if not the relevant work, or when there is an inevitable cause that prevents the holder of author’s economic right from authorizing broadcasting of work
- Approval notification
· The Korea Copyright Commission has to notify the applicant and the relevant holder of author’s economic right of the details when approving broadcasting of a work made public (former part of Article 21(1), Article 68(1) of the “Enforcement Decree of the Copyright Act”).
· The Korea Copyright Commission has to specify the reason and notify the applicant when rejecting an application for approval of broadcasting work made public (Article 22(2), Article 68(1) of the “Enforcement Decree of the Copyright Act”).
Provision or deposit of remuneration
- A person approved to broad a work made public may provide or deposit the remuneration to the relevant holder of author’s economic right pursuant to the standard prescribed by the Korea Copyright Commission and use such (Article 51, Article 130 of the “Copyright Act” and Article 68(1) of the “Enforcement Decree of the Copyright Act”).
- The remuneration may be deposited for the following cases (Article 23-4(1) of the “Enforcement Decree of the Copyright Act”).
· If the holder of author’s economic right refuses to or cannot receive remuneration
· If the pledge right with right of the relevant holder of author’s economic right as purpose is established (excluding the event in which holder of author’s economic right received approval of person with relevant pledge right)
- The deposit of remuneration should be made, if the domicile of the holder of author's economic right is in the Republic of Korea, at the depository in the jurisdiction of his or her domicile, and in other cases, at the depository in the jurisdiction of the domicile of the person who deposits remuneration. (Article 23-4(2) of the "Enforcement Decree of the Copyright Act”).
- A person who has deposited the remuneration has to inform the person who will receive the deposit of such fact. (Article 23-4(3) of the “Enforcement Decree of the Copyright Act”).