On March 15, Chosun Dotcom reported that KBS did not pay for reruns of several dramas aired last year. There are 4 songs in total, including “Jinxed at First” featuring Girls’ Generation Seohyun, “Crazy Love” featuring Kim Jae Wook if(x) Krystal, “Curtain Call” featuring Kang Ha Neul and Ha Ji Won, and “If you wish” with Ji Chang Wook and Girls’ Generation Sooyoung.
All of these dramas were reportedly independently produced by outside production companies and had only signed broadcasting deals with KBS. In the past, broadcasters directly produced dramas, but recently more and more third-party producers have produced dramas at their own expense and then sold the broadcasting rights to broadcasters.
The basis for refusal by KBS to pay replay fees is art. 100 of the Copyright Act. In particular, Art. 100 of the Copyright Act states that “The necessary rights to use the audiovisual works are presumed to have been transferred from the company cooperating in the production of the video to the producer of the video”. In this regard, KBS said: “Since the video producer owns the copyright, they are also responsible for paying replay fees.”
However, some argue that KBS is using the law in a manner opposite to its original legislative purpose. This law was established when broadcasters were still directly producing video content. In other words, the term “video producer” here actually refers to broadcasters.
The Korea Performing Broadcasting Association (KoBPRA) noted: “The law that was originally intended to protect production companies from abuses of power by broadcasters is being used to make even more abuses of power.”
Unlike KBS, MBC and SBS are known to pay rerun fees to casts, even for dramas they have purchased the broadcast rights to.