The Korean Music Copyright Association (hereinafter referred to as "KOMCA") has recently clarified its position regarding reports from some media outlets and the Korean Association of Music Copyright (hereinafter referred to as "KAMCA") that claimed "YouTube copyright fees have not been settled for 10 years."
KOMCA stated in an official position on the 16th, "The core issue pointed out in this matter, the 'residual usage fee,' refers to the amount of copyright fees generated on YouTube that have not been paid because the rights holder was not specified or because the rights holder did not claim the fees from YouTube within a certain period (2 years)."
It further added, "The residual usage fee is not an asset belonging to KOMCA, but rather an amount that YouTube has deposited to be paid through KOMCA when the rights holder, who could not be identified among the copyright fees generated in Korea, claims it in the future. A significant portion of this amount also includes KOMCA's copyright fees."
KOMCA also expressed regret that, although it formally replied to KAMCA with a document containing the basis for the settlement of fees when paying copyright fees, this fact was omitted.
In the case of KAMCA, it is stated that despite having signed a direct usage contract with Google (YouTube) in 2016, it did not claim the usage fees itself, resulting in the amount being classified as a residual usage fee and ultimately transferred to KOMCA.
KOMCA rebutted, "Nevertheless, KAMCA's claim that KOMCA has infringed on the rights of other organizations or monopolized legitimate usage fees, without mentioning these circumstances, distorts the facts and shifts responsibility."
Additionally, KOMCA acknowledged that while there was no separate notification obligation regarding the residual usage fee under laws or regulations, it deeply recognizes its social responsibility and moral duty for not being more proactive in informing.
Accordingly, KOMCA plans to officially announce the 'YouTube Residual Claim Method Guide' starting from October 17, allowing rights holders to claim residual usage fees through the KOMCA website, as well as the Ministry of Culture, Sports and Tourism and the Korean Copyright Commission.
Furthermore, although the statute of limitations under civil law is set at 10 years, KOMCA is considering a plan to settle claims even after the expiration of the statute of limitations if certain conditions are met through individual verification procedures.
A KOMCA official stated, "We will do our best to ensure that not only our members but all music rights holders in Korea can exercise their legitimate rights," and added, "We will further strengthen the transparency and fairness of copyright settlements in the future and take this controversy as an opportunity to accept our responsibilities as a central institution for copyright management more seriously."
[Lee Da-kyum, Star Today Reporter]
