The Ministry of Culture, Sports and Tourism has announced a comprehensive revision of the “Standard Contract for Broadcasting Appearances by Popular Culture and Arts Personnel,” which was established in July 2013, and will issue the revised announcement on the 31st after 12 years.
In this revised edition, the name of the “broadcast appearance standard contract” has been changed to “broadcasting and video appearance standard contract,” and the contract system, which was centered on professions like actors and singers, has been reorganized to focus on areas such as music, drama, and non-drama. This allows the contract to be applied not only to broadcasters but also to content produced on online video services (OTT) and online platforms.
The contract now includes provisions to prevent the comprehensive transfer of performance rights and address unpaid compensation, issues that have been persistent due to the proliferation of various platforms. It requires broadcasters or producers to pre-agree with performers on the transmission medium of video content and mandates separate agreements for the use of performance rights on newly emerging platforms. The revised contract also stipulates additional compensation for the use of modified video content or unaired/unpublished footage.
Even if an actor provides services for an appearance as per the contract but the footage is omitted during editing, they are entitled to “fair compensation for the provided services.”
In cases where damage occurs due to a performer’s social controversy, the contract includes broad provisions for performers to compensate broadcasters and producers for the damages incurred. This includes issues arising from school violence or privacy scandals, alongside existing provisions for legal violations like substance abuse or gambling.
A new clause has been established to clarify the management responsibility of the management agency when it acts as an intermediary for the performance contract. It also requires notifying the business operator of any changes in the contract relationship, such as the termination of the exclusive contract.
The revised standard contract for appearances will be posted on the websites of the Ministry of Culture, Sports and Tourism and the Korea Creative Content Agency, and will be disseminated in the field in cooperation with related institutions like the Korea Communications Commission.