Appearance Fees Guaranteed Even if Footage Is Edited: Standard Contract for Broadcast Performers Revised

Appearance Fees Now Based on the Act of Filming Itself
Partial Easing of Responsibilities for Broadcasters and Production Companies
Strengthened Management and Responsibilities for Management Agencies

A standard contract form has been established to ensure that broadcast performers receive appearance fees even if their recorded footage is deleted.

On July 31, the Ministry of Culture, Sports and Tourism announced the revised "Standard Contract for Broadcast Appearances by Popular Culture Artists." The standard contract is a form recommended by the government for parties to use during actual contract negotiations.

The revised standard contract significantly strengthens the rights of broadcast performers. Under the new terms, if a performer is filmed according to the contract, they must be paid a fair fee for their service, even if their footage is removed during the editing process. The appearance fee is thus based on the act of filming itself, not on whether the footage is actually broadcast.

The practice of "comprehensive transfer of performance rights," where producers hold all rights to footage featuring the performer, has also been prohibited. Broadcast and production companies are now required to reach a prior agreement with performers regarding the media outlets where the footage will be aired. Furthermore, if the footage is to be used on newly emerging media platforms after the contract is signed, a separate agreement with the performer is required. Additionally, if the footage is used in a modified form or if previously unaired or unreleased footage is later used, the performer must be compensated accordingly.

While the Ministry of Culture, Sports and Tourism has strengthened the rights of performers, it has also partially eased the responsibilities of broadcasters and production companies, and reinforced the management and responsibilities of management agencies. In particular, the management responsibilities of agencies with exclusive contracts with performers have been clarified, and agencies are now required to notify relevant parties if there are any changes in the exclusive contract relationship. In addition, if a performer causes social controversy due to school violence or issues related to their personal life, the broadcaster or production company may seek compensation.

A representative from the Ministry of Culture, Sports and Tourism stated, "This revision is meaningful in reducing actual disputes between artists and broadcasters or production companies, and in establishing a culture of mutually respectful contracts. We will continue to monitor the use of the standard contract and strive to improve contract practices."

The revised standard contract can be downloaded and used from the websites of the Ministry of Culture, Sports and Tourism or the Korea Creative Content Agency.