Copyright and neighboring rights protection review of vocal contract.

Law firm Veat received a request to review a singing contract from A, a record producer (hereinafter referred to as "the client").

The client requested a review of a singing contract with the content of distributing a portion of the music sales to the client after distributing the already produced music to domestic and foreign music sites, in exchange for the singer's singing.

Law firm Veat focused on reviewing a contract to ensure that the singer's neighboring rights and the record producer's neighboring rights, and the original composer's copyright do not conflict with each other, and that the singer’s rights are sufficiently protected while allowing the record producer to smoothly distribute the music.

Copyright and neighboring rights in a singing contract

Copyright is the right of the creator of a creative work such as literature, music, art, and software. This right protects the creator’s right when the work is used by means of replication, distribution, performance, exhibition, broadcast, etc.

Neighboring rights are rights granted to those who do not directly create a work but play an important role in the dissemination and utilization of the work, such as performers, record producers, and broadcasting companies. This right protects the rights generated through the performance, recording, and broadcast of the work.

A singing contract is a contract that clearly defines the rights and obligations between a record producer and a singer, helping both sides realize mutual benefits. Key provisions include the distribution ratio of music sales, the scope of the singer’s rights, and the record producer’s distribution rights. For example, a provision is needed to clearly define how to divide the profits generated by the song sung by the singer between the record producer and the singer.

Furthermore, various risk clauses are needed to prevent potential conflicts between copyright and neighboring rights in the contract. For example, a clear provision should be included on how the record producer and the singer will jointly respond if a third party claims copyright infringement on the song sung by the singer. Through these provisions, it is necessary to prepare for unexpected legal disputes and protect the rights of both parties.

We recommend professional legal advice for drafting and reviewing singing contracts, clearly organizing complex contract clauses including the singer’s neighboring rights and the record producer’s rights, and protecting the rights of both parties and ensuring fair profit distribution.

Law firm Veat anticipated copyright and neighboring rights-related legal issues in advance, prepared provisions to resolve them, minimized the record producer’s legal risk, and provided customized advice to enable smooth music distribution and profit creation.

Law firm Veat TIP team is led by Oh Seungjong, a former chairman of the Korean Copyright Committee, Chief Counsel Choi Seongho, who has been selected as a 'Leading Lawyer' in the Legal Times TMT field, Ann Ilhoon, a practicing attorney who is actively involved as a specialist of the Korean Copyright Committee, and Jeon Yonghwan, an attorney with extensive experience in ICT regulatory sandbox and proof-of-concept service legislation consulting, and others. They have extensive experience and expertise in intellectual property and related legal advice fields, including the Unfair Competition Prevention Act.

If you have any questions related to copyright or neighboring rights, please feel free to contact Law firm Veat.

Thank you.

Law firm Veat