온라인 실시간 콘서트의 저작권법적 성격 및 음악사용료에 대한 연구

Abstract

After the COVID-19 pandemic, the world is going through a period of socio-cultural change. The large-scale performances have almost disappeared, but the K-Pop music industry is trying to pioneer the market by trying live streaming concerts. As the metaverse environment draws attention, it is rapidly spreading in combination with various IT technologies such as AR/VR. In this process, practical discussions began regarding music royalties. Offline concerts can be solved by granting the right to perform, and for videotaped online concerts can be solved by granting the right to transmit. However, live streaming concerts that are aired only online without an audience on site have not yet reached agreement on the nature of copyright law. But, when it comes to music copyright fees, it should be clear what kind of bundle of rights the royalties are for under the Copyright Act. In addition, as online concerts are held across national borders unlike offline concerts, it is necessary to stipulate which level of users should pay the music usage fee to whom to prevent confusion in the market. Live streaming concerts cannot be considered a performance but broadcast under the Korean Copyright Act. Then, it is appropriate that the entity paying the music usage fee should become a platform that pre provider is provides this service to end-users. In addition, The entity that collects the usage fee should be defined as the right holder of the country where the platform service paying the copyright fee, or the organization that has been entrusted with the right. Royalties should be determined through a market survey, and it is considered to establish a balance with three of the existing regulations: offline performance fees, video transmission fees, and casting fees.