Copyright law

Chapter 3.NEIGHBORING RIGHTSSECTION 2. Performers Right

Article 66 (Right of Paternity)

  1. (1) A performer shall have the right to indicate his/her real name or pseudonym on his/her performance or the copy of his/her performance.
  2. (2) Those who intend to exploit a performance shall indicate the real name or pseudonym of the performer as he/she has indicated insofar as there is no special declaration of intention by the performer: Provided, That if it is recognized as unavoidable in view of the character of the performance, the purpose and form of exploitation, etc., the same shall not apply.

Article 67 (Right of Integrity)

A performer shall have the right to maintain the identity of the content and form of his/her performance: Provided, That if it is recognized as unavoidable in view of the nature, or the purpose and manner of exploitation, etc., the same shall not apply.

Article 68 (Inalienability of Performer’s Moral Rights)

The rights prescribed in Articles 66 and 67 (hereinafter referred to as “moral rights of performer”) shall belong exclusively to the performer.

Article 69 (Right of Reproduction)

A Performer shall have the right to reproduce his/her performances.

Article 70 (Right of Distribution)

Performers shall have the right to distribute the copies of his/her performance: Provided, That if the copies of performance have been offered to transactions by means of sale, etc. with authorization of the performer, the same shall not apply.

Article 71 (Right of Rental)

Performers shall have the right to lend the commercial phonogram, in which his/her performance is recorded, for profit-making purpose notwithstanding the provisions of the proviso to Article 70.
<Amended by Act No. 14083, Mar. 22, 2016>

Article 72 (Right of Public Performance)

Performers shall have the right to perform his/her performance publicly which has not been fixed: Provided, That if the performance is for broadcasting, the same shall not apply.

Article 73 (Right of Broadcasting)

Performers shall have the right to broadcast their stage performances: Provided, That the same shall not apply to the performance which has been recorded with authorization of the performer.

Article 74 (Right of Interactive Transmission)

Performers shall have the right to interactively transmit their performances.

Article 75 (Remuneration by Broadcasting Organizations to Performers)

  1. (1) When a broadcasting organizations sends out a broadcast by using commercial phonograms in which performances are recorded, it shall pay reasonable remuneration to the performers: Provided, That when the performer is a foreigner and the relevant foreign country does not recognize remuneration pursuant to the provisions of this paragraph to the performer who is a national of the Republic of Korea, the same shall not apply. <Amended by Act No. 14083, Mar. 22, 2016>
  2. (2) The provisions of Article 25 (5) through (9) shall apply mutatis mutandis to the payment, etc. of remuneration under paragraph (1).
  3. (3) The amount of remuneration which the organization referred to in paragraph (2) may claim on behalf of the holder of right to remuneration shall be determined each year by an agreement between the relevant organization and the broadcasting organizations.
  4. (4) If the organization and the broadcasting organization fails to reach an agreement pursuant to paragraph (3), the organization or the broadcasting organization may request for conciliation to the Korea Copyright Commission under Article 112 as prescribed by Presidential Decree. <Amended by Act No. 9625, Apr. 22, 2009>

Article 76 (Remuneration by Digital Audio Transmission Organizations to Performers)

  1. (1) When a digital audio transmission organization transmits by using phonogram in which stage performances are recorded, it shall pay reasonable remuneration to the performer.
  2. (2) The provisions of Article 25 (5) through (9) shall apply mutatis mutandis to payment of remuneration, etc. under paragraph (1).
  3. (3) The amount of remuneration which the organization referred to in paragraph (2) may claim on behalf of the holder of right to remuneration shall be determined every year by an agreement between the organization and the digital audio transmission organization within the period prescribed by Presidential Decree.
  4. (4) If an agreement referred to in paragraph (3) is not reached, the amount fixed and announced in public by the Minister of Culture, Sports and Tourism shall be paid. <Amended by Act No. 8852, Feb. 29, 2008>

Article 76-2 (Remuneration to Performers by Persons Doing Public Performance Using Commercial Phonograms)

  1. (1) Any person doing a public performance using commercial phonogram on which the performance is recorded shall pay a reasonable remuneration to the relevant performer: Provided, That where a performer is a foreigner, the same shall not apply when the performer's country does not recognize a remuneration under this paragraph to a performer who is a national of the Republic of Korea. <Amended by Act No. 14083, Mar. 22, 2016>
  2. (2) Articles 25 (5) through (9) and 76 (3) and (4) shall apply mutatis mutandis to the payment, amount, etc. of a remuneration under paragraph (1).

<This Article Newly Inserted by Act No. 9529, Mar 25, 2009>

Article 77 (Joint Performers)

  1. (1) If two or more performers perform jointly in a chorus, concert, or drama, etc., the rights of performers (excluding the performer’s moral right) prescribed under this Section shall be exercised by a representative elected by the joint performers: Provided, That where such a representative is not elected, the conductor or director shall exercise the rights.
  2. (2) In exercising the rights of performers under paragraph (1), if a solo vocalist or a solo instrument player participates in the performance, the consent of such vocalist or instrument player shall be obtained.
  3. (3) The provisons of Article 15 shall apply mutatis mutandis to the exercise of the moral rights of joint performers.