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| ▣ Article 1 (Purpose) |
| The purpose of this terms and conditions shall be to provide for the terms and conditions of contract for the use of works such as method of use and conditions of permission to use of musical works to be complied with by the Korea Music Copyright Association ("Association"), an copyright management organization, and a person ("User") intending to use musical works managed by the Association for public performance, public transmission (broadcasting, transmission, digital audio transmission) reproduction, distribution, etc. |
| ▣ Article 2 (Entering into Contract) |
① A person intending to use musical works of the Association for public performance, public transmission (broadcasting, transmission, digital audio transmission), reproduction, distribution, etc. shall enter into a written contract with the Association for the use of works, and the Association shall not refuse to permit such use without just cause, except in the circumstances under paragraph ②.
② However, the Association may refuse to approve the use, if the User's use of musical works falls under any one of the sub-paragraphs below.
1. Intentional or repeated infringement of copyright or use of copyright in violation of the Association's regulations
2. User enters into an exclusive or similar arrangement explicitly or implicitly for the use of musical works with right holders other than the Association, thereby impairing fair competition with other users
3. Request for approval of use, by a representative of business or a legal person which is in default of payment of royalties to the Association
4. There is a clear risk of disturbing the order of business, considering the commercial practices |
| ▣ Article 3 (Scope and Restriction of Permission of Use of Works) |
① Works approved by the Association for use shall be limited to the musical works managed by the Association which the User applied for use to, and was given permission by, the Association.
② User shall use the musical works within the scope of the Association's permission, and shall in no circumstance transfer the right to use musical works to a third party. |
| ▣ Article 4 (Indication of the Author's Name) |
| When using musical works, User shall indicate title of the works and name of the authors such as composers and lyricists, except under unavoidable circumstances. |
| ▣ Article 5 (Public Notice of a Person Terminating the Management Contract) |
| Where a trustor terminates management contract, the Association shall announce the names of relevant works and authors on the Association's Internet homepage (http://www.komca.or.kr). |
| ▣ Article 6 (Prohibition of Infringement on Author's Moral Right) |
| User shall not infringe on the author's moral right by changing the title or content of the works, the author's name, etc. permitted for use by the Association, and if User has, he/she shall be liable to the author. |
| ▣ Article 7 (Royalty) |
① User shall pay the rate or amount determined by the 'royalty collection regulations' of the Association, for the use of musical works (as royalty for the use of musical works); provided, however, that in the absence of applicable provisions in such regulations, the Association and the User shall agree on the rate or amount.
② When the Association amends its 'royalty collection regulations' by obtaining approval of competent authorities, resulting in change in royalties, the Association shall immediately notify the User and the User shall comply. |
| ▣ Article 8 (Provision of Title of Used Songs and the Use Data) |
① When musical works are used in methods such as public performance, public transmission (broadcasting, transmission, digital audio transmission), reproduction, and distribution, the User shall provide, electronically and in writing, the Association with report of titles of used songs and the log data required for calculating and distributing royalties.
② The Association may install technical equipments and instruments to extract usage log data required for calculating and distributing royalties in the User's instrument using musical works, with which the User shall actively comply in the absence of a just cause.
③ User intending to reproduce and distribute musical works as records, video media and publications shall distribute them after supplying, before shipping, two samples manufactured under permission of use, and ship them with the Association-provided certificate stamp attached on designated locations of the reproduced works, except when the Association exempted such certificate stamp on the condition of periodic report of sales. |
| ▣ Article 9 (Confirmation of Sales, etc.) |
① The Association may confirm the sales of records, video media and publications at the User's place of business, and the User shall provide necessary accommodation to the Association.
② For the purpose of the above confirmation, the Association shall give the User a three-day prior notice, and the confirmation shall be done at the User's principal office, during the business hours. |
| ▣ Article 10 (Return of Royalties) |
| Royalties for musical works paid by the User shall not be returned in principle; provided, however, that the User is allowed to request return of the royalties within 10 days of the payment if extraordinary circumstances makes it impossible for the User to use the musical works whose use was permitted, or that the User is allowed to request return of the royalties within 60 days of suspension of the use of musical works if royalties were erroneously paid on account of the User's failure to terminate automatic payment even though the User suspended using the works. |
| ▣ Article 11 (Fine for Default) |
| User shall pay royalties by the due date agreed to with the Association, and if he/she fails to do so, the User shall pay a fine of 5% of the royalties in addition to the royalties within one month of the due date. If the User fails to pay such 5% fine, from then on, a fine of 1.2% of the royalties shall be paid in each successive month. |
| ▣ Article 12 (Termination of Contract) |
① When the other party fails to perform all or part of this contract, Association or User may demand performance by giving a notice of seven days or more and, if the other party fails to comply with such demand, may terminate this contract.
② When a notice of termination is given under the above paragraph, this contract shall be deemed terminated when the other party receives the notice.
③ When receiving notice of termination from the Association, the User shall immediately suspend use of the musical works of the Association. If the User continues using the musical works after termination, he/she shall be responsible, both civil and criminal, for violation of the Copyright Act. |
| ▣ Article 13 (Damage for Breach of Contract) |
When the contract is terminated on account of the other party's fault, the Association or the User may claim damage resulting from the termination of contract and a penalty of 10% of such damage, from the other party.
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| ▣ Article 14 (Court of Jurisdiction) |
| In the case of legal disputes between the Association and the User, lawsuit shall be filed in the Seoul Central District Court, Korea, provided, however, that the parties may determine otherwise. |
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This terms and conditions shall take effect from the date of approval by the Minister of Culture and Tourism. |
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This terms and conditions shall take effect from the date of approval by competent authorities. (Jul 18, 2008) |
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