음악산업 실연권 현안에 대한 법률적 실무적 고찰

Although K-Pop's performance is outstanding, occupying the top of the Billboard charts, Korea's music performance rights are still backwards. Due to the conflict between performer groups and music producers, there are questions and concerns about whether Korean popular music will be able to maintain its current boom in 2024. As conflicts arise with overseas music performance rights and sound source producers' rights (neighboring rights), a comparative review with overseas cases is urgently needed. Pending issues in the music industry are piling up, including conflicts surrounding the nature of recording fees paid to performers, whether or not MIDI artists are recognized as performers, and distribution issues between main and minor performers. However, the resolution of conflicts between producers and performers regarding performance rights is primarily possible through agreement between the parties, that is, a contract. If there is anything to consider from a policy perspective, it would be to pay attention to ensuring that performers are free from pressure from agencies, etc., and to look into fair trade law issues related to exclusive contracts. One of the arguments of the Music Demonstration Association is that in the relationship between producers and performers, negotiation will be difficult if the performers are equals, but the Music Demonstration Association will be able to keep the producers in check by functioning as a union.