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| ▣ Article 1 (Purpose) |
| The purpose of this regulation shall be to provide for the method of distributing royalties ("Royalty") for works collected by the Korea Music Copyright Association (Incorporated Association) ("Association") in its management of the musical works entrusted to it. |
| ▣ Article 2 (Definition) |
Terms used in this regulation shall be defined as follows.
1. Related right holder: composer, lyricist, arranger, translator (including the assign and successor of intellectual property rights of the above) or music publisher related to a works
2. Works data: works report, arrangement report, translation report, and other similar data stating the related right holder and distribution ratio of works.
3. International form: internationally used standard form prepared in order to exchange information on the right holder of managed works, with foreign copyright organizations.
4. Managed works: works which a related right holder reports to Association and registers, and includes the works managed by organizations with which Association has entered into a mutual management contract.
5. Distribution data: report of title of used songs submitted by the user, distribution statement sent by foreign copyright management organizations, other data stating details of use of works, etc, including data received from related right holder and data obtained from investigation by external institutions.
6. Royalty to be distributed: Royalty which is the object of distribution in each distribution period
7. Works to be distributed: managed works which is the object of distribution of royalties
8. Cue-sheet: a table of broadcast proceeding specifically describing the entire process of movie or broadcasting program in certain format, which states works, its related right holder, used time, etc.
9. Theme music: a theme musical works with lyrics, used to emphasize theme in a broadcasting program such as drama, movie and animation (including the cases where such music is arranged into instrumental music)
10. Background music: supplementary musical works used to create mood in a broadcasting program or movie (including library music)
11. Library music: music not composed for independent playing or singing but created to be used as background music, etc. for a movie, animation, broadcasting program, etc.
12. Signal music: musical works used to signal the beginning and end of a broadcasting program excluding drama, movie, and animation |
| ▣ Article 3 (Distributee) |
① Related right holder of a managed works used shall be the object of distribution of relevant royalties.
② When a works only with tunes are used by attaching lyrics under permission from the author, the lyricist shall only become a distributee when such lyrics are used. but if other related right holders recognize the lyricist as a related right holder, he/she shall continue to be a distributee.
③ Arranger or translator shall only be distributee when relevant arrangement or translation is used.
④ In distributing royalties, criteria to confirm monthly distributees due to the joining and withdrawal of members shall be as follows. |
date
/member
|
1-15
|
16-31 |
| admittee |
object of distribution |
excluded from object of distribution |
| withdrawee |
excluded from object of distribution |
object of distribution |
|
| ▣ Article 4 (Works Which is the Objet of Distribution) |
| Works which is the objet of distribution shall be the works which is used or becomes the object of collection during the relevant royalty collection period. |
| ▣ Article 5 (Method to Confirm Related Right Holder, etc) |
① Person described in the works data shall be confirmed as the related right holder.
② Although there is no report of works and thus no registration on Association's works management DB, the Association can still recognize a person as related right holder if such person is on the distribution data and is confirmed as a trustor of the Association. In such case, the Association shall report to its board of directors.
③ Royalties to be distributed through confirmation under paragraph ② shall be withheld from payment until the works data is secured. |
| ▣ Article 6 (Works Data to Confirm Related Right Holder) |
| In each distribution period, confirmation of related right holder shall be based on the works data submitted at least 10 days before the distribution period. |
| ▣ Article 7 (Distribution Data) |
① Royalties shall be distributed based on the distribution data
② Although stated as managed works in the distribution data, a works recognized by this Association not to be the object of distribution under approval of the board of directors shall be excluded from the object of distribution. |
| ▣ Article 8 (Method to Calculate Distribution) |
① Comprehensive permission of use:
② Individual permission of use:
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| ▣ Article 9 (Adjustment of Distribution) |
| When royalties are found to have been erroneously distributed, such fact shall be notified to the related right holder and in the next distribution of royalties, such difference in amount may be subtracted from or added to the relevant amount of distribution. |
| ▣ Article 10 (Claim for Distribution of Undistributed Royalty) |
① When a related right holder of relevant works fails to receive royalties from such works, he/she may claim distribution within 3 years from the date of use, with related material attached.
② In the case of claim under paragraph ①, relevant facts shall be verified and if confirmed as a related right holder, the amount which should have been distributed shall be distributed out of the withheld distribution amount.
③ With respect to the withheld amount under Article 11, additional confirmation and distribution shall be made for 3 years, and re-distribution of remaining amount shall be decided by the board of directors. |
| ▣ Article 11 (Withholding of Distribution for Unmatched Works) |
| Per each royalty below per distribution, for the purpose of distribution to unmatched related right holders and undistributed related right holders due to ommission, certain portion of royalties described below shall be deducted as withheld distribution. |
| royalty |
broadcasting
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transmission/digital audio delivery
|
| ratio of withheld amount |
within 5% |
within 5% |
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| ▣ Article 12 (Distribution of Royalty Collected Through Lawsuit, etc) |
| Past royalties collected from lawsuit or agreement with user shall be distributed based on the distribution data submitted by the user. If there is no distribution data, distribution shall be made under Articles 18, 23, 29 and 31. |
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