Copyright law

Chapter 3.NEIGHBORING RIGHTSSECTION 3. Rights of Phonogram Producers

Article 78 (Right of Reproduction)

Phonogram producers shall have the right to reproduce their phonogram.

Article 79 (Right of Distribution)

Phonogram producers shall have the right to distribute their phonogram: Provided, That the copies of phonogram have been offered to transactions by means of sale, etc. with authorization of the phonogram producers, the same shall not apply.

Article 80 (Right of Rental)

Notwithstanding the provisions of the proviso to Article 79, phonogram producers shall have the right to authorize commercial rental of phonogram for the purpose of making profits. <Amended by Act No. 14083, Mar. 22, 2016>

Article 81 (Right of Interactive Transmission)

Phonogram producers shall have the right to interactively transmit their phonograms.

Article 82 (Remuneration to Phonogram Producers by Broadcasting Organization)

  1. (1) Where a broadcasting organization sends out broadcasts by using commercial phonograms, it shall pay reasonable remuneration to the phonograms producer: Provided, That when the phonograms producer is a foreigner and the foreign country concerned does not recognize remuneration under this paragraph to the phonograms producer 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 Articles 25 (5) through (9) and 75 (3) and (4) shall apply mutatis mutandis to the payment, amount, etc. of remuneration under paragraph (1).

Article 83 (Remuneration to Phonogram Producers by Digital Audio Transmission Organization)

  1. (1) Where a digital audio transmission organization transmits by using commercial phonogram, it shall pay reasonable remuneration to the phonogram producer.
  2. (2) The provisions of Articles 25 (5) through (9) and 76 (3) and (4) shall apply mutatis mutandis to the payment, amount, etc. of remuneration under paragraph (1).

Article 83-2 (Remuneration to Phonogram Producers by Persons Performing in Public Using Commercial Phonogram)

  1. (1) Any person doing a public performance using a commercial phonogram shall pay a reasonable remuneration to the relevant phonogram producer: Provided, That where a phonogram producer is a foreigner, the same shall not apply when the producer's country does not recognize remuneration under this paragraph to a phonogram producer 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>