음악저작물 사용료 징수규정의 문제점 고찰 - 한국음악저작권협회 음악저작물 사용료 징수규정 제16조 제1항을 중심으로 -

Abstract

Repeated disputes over the royalties of broadcast musical works between musical works collective management organizations and broadcasting companies indicate that there are problems in concluding royalties contracts for musical works. In other words, the collective management organization must generate revenue by collecting broadcast music royalties and distribute the royalties to copyright holders, and in the inevitable reality that broadcasters cannot broadcast without using musical works, both sides must make new use of them even after the expiration of the contract period. There is no choice but to conclude a contract. For this reason, the Korea Music Copyright Association is currently working to renew the contract due to the termination of the contract for the use of musical works with terrestrial broadcasters. In relation to the usage fee collection regulations, there is a difference of opinion between the trust management organization and the broadcasting companies in relation to the usage fee calculation factors (i.e., the broadcaster’s sales, musical work usage rate, and musical work management ratio), especially in relation to the musical work management ratio. The conclusion of the contract is being delayed. This problem makes it difficult to negotiate royalties for musical works in the paid broadcasting market with broadcasters, and furthermore, these difficulties make it difficult for musical copyright management organizations to collect music copyright royalties and distribute royalties to legitimate copyright holders. It creates a vicious cycle that continues. Therefore, in order to create a sound ecosystem for the use of musical works, it is necessary to review ways to improve collection regulations, focusing on Article 16, Paragraph 1, which stipulates the standards for collecting broadcast music royalties centered on the three terrestrial broadcasters.