디지털앨범의 음악사용료에 대한 저작권법적 검토와 개선 방안

With the advancement of digital technology and the expansion of the K-pop-driven fandom economy, digital albums have emerged as a unique category of music distribution. Although they are packaged similarly to traditional physical albums, digital albums differ in that they do not provide music files in a downloadable format. This shift in distribution methods has sparked ongoing debates regarding the copyright classification of digital albums and the framework for music royalty collection. This paper analyzes the concept and market environment of digital albums, compares them with existing music distribution models, and examines copyright issues related to royalty collection. Specifically, it evaluates whether digital albums should be subject to the same reproduction and distribution royalties as physical albums or whether they should be treated similarly to online music services and be subject to transmission royalties. This study underscores the need for a clear legal interpretation of whether digital albums fall under the concept of “distribution” or “transmission” under copyright law and explores potential improvements to the royalty collection framework. Furthermore, this paper proposes solutions to redefine the legal nature of digital albums and establish a comprehensive royalty collection system. First, a new royalty collection standard tailored to the unique characteristics of digital albums should be implemented. Second, strengthened collaboration among copyright collective management organizations, record producers, and platform operators is essential to maintaining a balance between industry growth and copyright protection. Based on these discussions, this study offers legal and policy insights to support the sustainable development of digital albums.