The Ministry of Culture, Sports and Tourism announced that it will comprehensively revise the 'Standard Contract for Broadcast Grants of Popular Culture and Arts' enacted in July 2013, and will notify the revised version on the 31st.
The amendment changes the name from 'Standard Contract for Broadcast Grants' to 'Standard Contract for Broadcast and Video Grants' and restructured the contract system, which was centered around actors and singers, to focus on areas such as music, drama, and non-drama. This allows the contract to be applicable not only for broadcasting companies but also for videos produced on online video services (OTT) and online platforms.
The new contract includes provisions to prevent the comprehensive transfer of performance rights and the ongoing issues of unpaid compensation resulting from the widespread distribution of various platforms.
It stipulates that broadcasting companies or production companies must agree in advance with the performers on the transmission medium of the video work and to use performance rights through a separate agreement for utilization on newly emerging media. It also specifies obligations for separate compensation in cases of using video works in altered forms or for future use of unbroadcast or unreleased videos.
Even if the performer provided services such as filming according to the contract, if the video is excluded during the editing process, it was also stated that 'just compensation for services provided' must be paid.
If damages occur due to the performer's social misconduct, a provision has been comprehensively established that allows the performer to compensate for the damages suffered by the broadcasting company and the production company. This includes not only violations of laws related to drugs and gambling but also issues arising from school violence or personal life controversies involving the performer.
A new provision was also established to clarify the management responsibilities when a management company that has entered into an exclusive contract on behalf of the performer signs the performance contract. In the case of changes in contractual relationships such as the termination of exclusive contracts, it is also mandated to notify the business entity.
The revised standard performance contract will be posted on the Ministry of Culture, Sports and Tourism and Korea Creative Content Agency (KOCCA) websites and will be distributed to the field in cooperation with relevant agencies such as the Korea Communications Commission.