[YeitSuda] "Fines Cheaper Than Copyright Fees" Stagnant Copyright Awareness

K-Content Copyright Infringement Claims Require Prior Copyright Respect Domestically

Composer and pianist Iruma, whom I met at a recent roundtable, urged junior musicians to “carefully review the details such as copyrights when signing contracts with agencies, even if they are eager to perform on stage immediately.”

Composer and pianist Yiruma.
[Photo by Universal Music]

Last month, he won a partial victory in the second trial of a lawsuit seeking the return of agreed payments against his former agency. Iruma, who signed an exclusive contract with the agency in February 2001 and began his activities, notified the agency of contract termination in September 2010, citing violations such as failure to disclose settlement details and failure to fulfill settlement obligations. In June of that year, Iruma entrusted the copyrights of his sound recordings to the Music Copyright Association, and in December, he filed a lawsuit to confirm the non-existence of the exclusive contract with the agency, winning a partial victory. His advice to “carefully review” comes from a hope that his juniors will not have to go through this arduous process.

In the classical music world, performances of works by composers who passed away less than 70 years ago are generally avoided. This is because resolving copyright issues is often extremely complicated. Official sheet music protected by copyright must be used after paying fees, and if the live performance is broadcast, broadcasting copyright fees must be paid separately for each medium such as TV and radio. Although these are natural procedures, since most performances do not require such steps, agencies often treat these programs as difficult to handle.

Every year, film music concerts rank high on classical concert ticket sales sites. These concerts, where audiences flock to relive the emotions they felt from movies, have now established themselves as a genre and become major programs filling major concert halls nationwide at the end of the year. Examples include Joe Hisaishi film music concerts and OST concerts of works by director Makoto Shinkai. Notably, Joe Hisaishi himself is not present on stage. In the past, audiences were often confused by the absence of the artist, but recently, audiences who enjoy his music attend performances regardless of his presence.

It would be ideal if all performances had smoothly concluded copyright contracts, but in the past, there were cases where original composers were unaware of concerts being held. At one venue, when official sheet music submission was requested, the performing team failed to provide it. A concert industry insider lamented, “Because fines are cheaper than copyright fees, this vicious cycle repeats.” When Joe Hisaishi’s visit to Korea was canceled last year, some fans cynically criticized, saying that since the concerts are packed even without the artist, there is no need for him to come.

While there is much self-congratulation that K-culture and K-classical are sweeping the world, the common opinion is that the domestic concert industry’s awareness of copyright falls short. Some point out that the neglect of concert venues plays a significant role in the continuation of performances without resolved copyright issues. However, above all, it is essential to improve awareness that respects creators’ rights at the planning stage of performances and naturally accepts paying fair fees accordingly. If the Korean market does not first respect copyrights, it will be difficult for our government’s claims to protect K-content copyrights from infringement worldwide to gain strength.

Editor's NoteYeitsuda (藝It Suda) is an abbreviation for “art chat,” a column covering issues and trends across the arts, including music, fine arts, and performances.

This content was produced with the assistance of AI translation services.