Bill tries once more to target fairer pay for K-content creators

When a Korean film or drama series becomes a global hit, its creators don’t all necessarily share in the windfall. A copyright bill that aims to change that by giving directors, writers and other creators the right to claim additional compensation from their work has been reintroduced on Thursday.

The proposed revision to the Copyright Act, which failed to clear the previous National Assembly in January, would allow audiovisual creators to request information on the total revenue generated by their work and seek additional compensation from copyright holders, production companies or platforms.

The bill was reintroduced by Rep. Lim O-kyeong, a member of the National Assembly’s Culture, Sports and Tourism Committee and a lawmaker from the ruling Democratic Party.

If passed, creators could claim additional compensation if their work later generates revenue on other platforms, even after they have transferred the rights to it. Another key feature is that creators cannot waive this right in advance when signing a contract.

The bill also includes a mechanism for resolving disputes. If compensation is not paid within a year, the Ministry of Culture, Sports and Tourism could step in to determine the amount.

Under the current system, creators who transfer their copyrights under contracts signed during the production of films, dramas and other content generally cannot later claim compensation from revenue their work goes on to generate.

That current system has come under growing scrutiny with the rise of global streaming services such as Netflix and Disney+ because critics say Korea’s content production industry risks becoming a subcontractor for global content distribution companies while the creators behind successful works receive little of the subsequent revenue.

Groups representing audiovisual creators welcomed the bill.

“Korean films and dramas are finding global success through streaming services such as Netflix and Disney+, but the creators who actually made those works are not receiving a sufficient share of that success,” the Coalition for Fair Compensation for K-content Creators (translated) said in a joint statement. 

The coalition also pointed to compensation systems in other countries.

“In the United States, writers and actors receive residuals under collective bargaining agreements, while Europe and Latin America also operate systems that compensate creators for the use of audiovisual works,” the coalition said. “Korean creators receive compensation under local laws when their works are used overseas, yet those same creators have difficulty receiving compensation when their works are used here in Korea.”

The Directors Guild of Korea said the bill contains provisions “particularly necessary for new directors, who are at a disadvantage when negotiating copyright contracts.”

The guild called on both ruling and opposition parties to review the bill swiftly.

The bill also seeks to prevent creators from being paid twice for the same work, a concern previously raised by production companies and platforms. Any compensation a creator has already received would be taken into account when determining additional payments under the bill.

BY JEONG EUN-HYE [[email protected]]