The Korea Music Copyright Association (hereinafter referred to as KOMCA) strongly condemned the grim reality that domestic broadcasters and OTT services have been habitually trampling on copyright, yet criminal complaints filed in recent years have been repeatedly dismissed without prosecution.
According to KOMCA, on June 20, 2024, the iMBC case involving the retransmission of broadcasts was dismissed, on October 11, 2024, the KBSN C&C case was dismissed, and even the KT Season and other OTT service cases were dismissed on June 18, 2025. KOMCA stated, “The reason broadcasters and OTTs can so blatantly violate copyright and evade the law is due to the deceptive tricks they have meticulously devised.”
In other words, broadcasters and OTTs manage to deceive investigative agencies by slipping minimal amounts of money into copyright holders' accounts or by forcing meaningless negotiation tables, and investigative agencies view this as a “lack of intent,” allowing them to escape prosecution.
▲ Strategy to Evade the Law ① - 'Minimum Amount Deposit for Cover-up'
KOMCA identified the most habitual and shameless method among broadcasters and OTTs as the 'minimum amount deposit for cover-up.' In anticipation of criminal complaints, broadcasters and OTTs deposit small amounts of copyright fees into KOMCA's account without any prior consultation, then argue that “we tried to pay the copyright fees,” thus avoiding criminal penalties for years.
KOMCA pointed out, “This is akin to stealing an item worth 10,000 won and throwing down only 2,000 won while insisting, ‘I tried to pay for the item.’” They further stated, “This shameless behavior of trying to evade responsibility with minimal amounts is a typical scam that maliciously exploits the gaps in laws and systems, and it is a deceptive case that tramples on the value of sincere negotiation.”
It is reported that there have been '349 cases' of such unilateral deposits by various broadcasters and OTTs in the last decade alone. KOMCA stated, “In particular, CJ ENM has sent over 20 billion won less than the amount KOMCA has justly claimed,” and pointed out, “These cases clearly show that CJ, which claims to be the best cultural company in the country, does not respect the rights of creators at all.”
▲ Strategy to Evade the Law ② - 'Negotiation to Avoid Criminal Responsibility'
KOMCA also pointed out the 'negotiation scam' of broadcasters and OTTs as another trick. They drag out negotiations with ridiculous excuses such as “unclear revenue calculation methods” and “disagreements on management ratios,” while merely pretending to seek an agreement and wasting time.
KOMCA noted, “The intent of broadcasters and OTTs is clear. They pretend to negotiate to avoid criminal responsibility. However, they drag out negotiations with various excuses. When copyright holders, unable to bear it any longer, file civil lawsuits, it takes several years, and ultimately, when a judgment is made in the civil lawsuit, they only need to pay the minimum amount at that time.”
In particular, KOMCA stated, “Domestic OTT operators have failed to pay over 150 billion won in copyright fees for a staggering 14 years since the start of their services, blatantly ignoring the collection regulations established by the government in 2020,” and criticized, “This is a shameless business practice that evades and disregards copyright laws and systems.”
KOMCA explained, “OTT companies filed administrative lawsuits against these collection regulations and lost in the Supreme Court in February 2024,” adding, “However, OTTs are still looking for reasons not to pay, trying to change elements such as ‘definition of revenue,’ ‘subscriber unit price,’ and ‘content rights processing’ in their favor to lower copyright fees. Yet, while OTT companies are ‘holding out’ like this, they are openly using KOMCA's music without permission, causing the copyright fees that creators cannot receive to continue to increase.”
Additionally, KOMCA stated, “This situation is a shameful reality that is only occurring with so-called ‘native’ OTTs in our country. Global media platform companies like YouTube, Netflix, and TikTok have diligently negotiated and paid copyright fees within a year or two of starting services in our country. Conversely, these companies do not provide services in countries where they cannot establish copyright contracts due to strict internal legal reviews,” they pointed out.
KOMCA emphasized, “On the other hand, native OTTs in our country have not paid the legitimate copyright fees set by laws and regulations for an average of ‘10 years.’ The fact that foreign companies respect our country’s copyright more is a disgrace that undermines the status of Korean culture,” delivering a sharp critique.
▲ Strategy to Evade the Law ③ - 'Public Relations Campaign to Pose as Victims'
Finally, KOMCA criticized the shameless tactic of broadcasters and OTTs pretending to be victims whenever lawsuits or discussions about fee increases arise. KOMCA stated, “Broadcast usage fees in our country are known to be at the ‘world's lowest level,’ and even a slight increase is met with accusations of ‘rights abuse’ from broadcasters. They often hold press conferences to mislead public opinion, which is their usual tactic.”
KOMCA pointed out, “The ‘Copyright Issue Explanation Meeting’ held by the paid broadcasting industry on August 7, which they organized themselves, is a prime example, where they transformed themselves, who are in arrears of tens of billions of won in copyright fees, into victims, while portraying the true copyright holders as perpetrators. This ‘framing twist’ is the last technique they frequently use.”
In conclusion, KOMCA Secretary-General Hwang Seon-cheol stated, “The combination of large domestic broadcasters and OTT companies pushing in nearly 350 cases of cover-up amounts to evade criminal responsibility for up to 14 years, while dragging out time with superficial negotiations and failing to pay 150 billion won, and then portraying copyright holders as greedy through public relations campaigns, ultimately lowers the level of our media market and undermines the survival foundation of creators, leading to a structural collapse of the cultural industry.”
[Ji Seung-hoon, Star Today Reporter]
