Fair Trade Commission: "Arbitrary Deletion of Content by Multi-Channel Network Operators is Unfair... Correction of Unfair Terms"
[Sejong=Asia Economy Reporter Joo Sang-don] In the future, multi-channel network (MCN) operators will be restricted from arbitrarily modifying or deleting creators' content.
On the 5th, the Fair Trade Commission announced that it reviewed the terms and conditions of three operators?CJ ENM, Sandbox Network, and Treasure Hunter?and corrected seven types of unfair contract clauses.
As one-person media content has become commonplace and popular recently, interest in creators has exploded. Accordingly, MCN operators who partner with creators to provide production support, copyright management, promotion, and share profits have increased, prompting the Fair Trade Commission to review the terms of three MCN operators.
Authors have the right to maintain the integrity of their works in terms of content and form, so the authority to modify or delete content belongs to the creator as the author. However, Sandbox Network's terms included a clause allowing the operator to modify or delete creators' content as needed. The Fair Trade Commission recognized that operators may need to modify or delete content if it infringes on third-party rights, but judged it unfair to allow operators to modify or delete creators' content at any time simply under the vague condition of "when necessary during the contract period." Therefore, it required that the reasons for operators to modify or delete (manage) creators' content be specifically defined, such as copyright management and technical error resolution.
In the case of Treasure Hunter, the operator was allowed to use creators' channel brands without any restrictions. The Fair Trade Commission judged it unfair to allow operators to edit or modify creators' channel brands, which are creators' copyrighted works, without individual permission or any limitations. Accordingly, it was corrected so that operators must obtain prior consent from creators before using creators' channel brands. A clause that made creators bear all responsibility for legal disputes arising from their channels or content regardless of the operator's fault was revised so that creators are responsible only when legal disputes arise without the operator's fault.
Additionally, CJ ENM, Sandbox Network, and Treasure Hunter had terms that automatically extended the contract period if no notice of contract termination was given. This was corrected to require separate notification before contract expiration that the contract will be automatically extended if no separate notice is given. Also, abstract contract termination reasons such as "acts damaging the company's image" were removed from the terms, and creators were given the opportunity to correct the reasons for termination.
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A Fair Trade Commission official said, "Following the correction of terms for media platform operators such as Twitch TV and Afreeca TV last year, we have corrected unfair terms between MCN operators and creators. The Fair Trade Commission plans to continue monitoring unfair terms in various markets to enhance customer rights in related fields."
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