[pp.int.general] Boundless Music Copyright

[Heesob Nam]

Musical works can be used in a variety of another works. In this case
to what extent the copyright holders on the music can claim their
rights? When they have licensed their works to film makers or TV
programme producers, can they still claim copyright against ISPs who
store and transmit the film and TV programme?

The Korea Music Copyright Association (www.komca.or.kr) contacts ISPs
(mainly hosting service providers) and asks fees for using their music
in their service. Here the ISPs have a contract with the film makers
and TV programme producers. This means that they are "legally" hosting
the files and share profit with copyright holders. But KOMCA threat
criminal sanction in view of additional royalties from the ISPs.

Moreover KOMCA approached movie theatres, calling for copyright fees
for their performing movies. Again KOMCA had already got royalties
from the movie makers. According to its claim, KOMCA only granted a
license for making the film, not for performance of the film by the
movie theatres.

Is there any cases where the music copyright is determined to be
exhausted or misused?

Best,

Heesob
IPLeft (www.ipleft.or.kr)