What is music copyright?

Music copyright is the legal right that composers and lyricists hold over the musical works they create. It includes the reproduction right (recording/printing), the performance right, the broadcasting right, the transmission right (streaming), and the right to create derivative works. It arises automatically the moment a work is created and is protected even without separate registration.

What are neighboring rights?

Neighboring rights are rights granted to those who perform (vocals/instruments), record, or broadcast a work. They include the performer's right (singers and instrumentalists), the phonogram producer's right, and the broadcaster's right. They exist independently of copyright, and the term of protection is 70 years after the performance or the release of the recording.

Do I need to register with KOMCA (the Korea Music Copyright Association)?

If you distribute your own works abroad or through broadcast and streaming platforms, registering with KOMCA is advantageous for collecting royalties. Royalties from streaming and broadcast use are distributed through KOMCA, so if you have created works, registration is recommended.

Is it copyright infringement to cover someone else's song and upload it to YouTube?

In principle, the copyright holder's permission is required. However, through YouTube's Content ID system the copyright holder often chooses to share revenue, so the video may be monetized rather than taken down. The surest approach is to obtain permission through KOMCA or to use tracks under a 'Creative Commons' license.

The Complete Guide to Music Copyright & Neighboring Rights — Copyright Basics Every Artist Should Know

核心摘要

The complete guide to music copyright and neighboring rights.

The Complete Guide to Music Copyright & Neighboring Rights — Studio NOL

Music Copyright — The Legal Right That Protects Your Work

Every artist who makes music should understand the basic concepts of copyright. Copyright is the core legal tool that protects creative works and guarantees fair compensation for creation.

The international framework for music copyright begins with the Berne Convention of 1886. Establishing the principle that a work is "automatically protected from the moment of creation" as an international standard, this convention has now been signed by 181 countries. Korea joined in 1996, which means that Korean artists' music receives legal protection across all member countries even without separate registration. The Korea Music Copyright Association (KOMCA), established in 1964, centrally manages royalties arising from broadcast, streaming, and performance. The reason music copyright has become especially important in the streaming era lies in the revenue distribution structure. Streaming revenue from Spotify, Melon, and Apple Music is settled separately into Composition Rights and Master Rights, and lyricists and composers registered with KOMCA can automatically collect the composition-rights share from platform streaming revenue. If you separately register with the Korea Music Performers' Association (KMPA), you can additionally collect the neighboring-rights royalties of performers (singers and instrumentalists), so registering with both associations at once is the realistic optimal revenue structure for indie artists.

The Structure of Music Copyright

The Music Copyright System

Copyright

Composition right: belongs to the creator of the melody and chord progression
Lyrics right: belongs to the creator of the lyrics
Arrangement right: belongs to the arranger (permission of the original author required)
Term of protection: 70 years after the creator's death

Neighboring Rights

Performer's right: singers and instrumentalists (70 years after the performance)
Phonogram producer's right: recording producers and record labels (70 years after release)
Broadcaster's right: broadcasters (50 years after the broadcast)

Types of Rights in Music

The Specific Rights Within Copyright

Economic rights (financial rights)

Reproduction right: the right to copy and distribute as audio files, sheet music, or video
Performance right: the right to perform or sing in public
Broadcasting right: the right to air on TV, radio, or streaming
Transmission right: the right to make available via the internet and streaming services
Right to create derivative works: the right to arrange, translate, or adapt into video

Moral rights (non-financial)

Right of attribution: the right to have the author's name displayed
Right to integrity: the right to prohibit unauthorized alteration of the work
Right of disclosure: the right to decide whether to make the work public
Non-transferable: unlike economic rights, these cannot be transferred or extinguished

KOMCA Registration and Royalties

KOMCA Registration Guide

KOMCA (Korea Music Copyright Association)

The central collective management organization for music copyright in Korea
Distributes royalties arising from broadcast, streaming, and performance
Through international reciprocal agreements, overseas royalties can also be collected

How to register

Sign up for membership on the KOMCA website
Work registration: register the title, composer, lyricist, and chords
Phonogram registration: register after obtaining an ISRC code
Registration is recommended before the release of the recording

Royalty collection channels

Broadcast usage fees: revenue from broadcasters' use of music
Streaming: streaming revenue from Melon, Spotify, and others
Performance revenue: usage fees for public performances
Karaoke revenue: revenue from the use of karaoke machines

KMPA (performer's right)

Performers (singers and instrumentalists) register separately with KMPA, not KOMCA
By registering performer information when a recording is released, they collect neighboring-rights royalties

Covers, Sampling, and Plagiarism

The Boundaries of Copyright

Cover music

Principle: the copyright holder's permission is required
YouTube: handled automatically through Content ID for permission and revenue sharing
Commercial release: permission from the copyright holder (or KOMCA) is always required

Sampling

Using a portion of an original recording
Permission is required for both copyright and neighboring rights
Sampling without a license carries the risk of legal dispute

The boundary between plagiarism and inspiration

Chord progressions, genres, and styles are not subject to copyright protection
If a melody or lyrics are substantially similar, it may constitute plagiarism
Judging "substantial similarity" is a matter for the courts

Safe approaches

Use music in the public domain (more than 70 years since the composer's death)
Make use of Creative Commons (CC) licensed music
Obtain official permission through a copyright management organization

In Closing

Music copyright is the most powerful tool for protecting an artist's creative work. Before you create, respect the rights of others; after you create, register and manage your own rights. The minimum action an indie artist in Korea should take is to register the work with KOMCA before releasing the recording, and, if you are a singer or instrumentalist, to additionally register with KMPA. With just these two steps, you build a structure that automatically collects the royalties and neighboring-rights royalties arising from streaming, broadcast, and performance.

The most common mistake with sampling and cover music is thinking that "if YouTube's Content ID isn't triggered, it's safe." Content ID non-detection also occurs when the copyright owner has not registered with the system, and legal copyright infringement is unrelated to whether Content ID fires. If you are planning a commercial release, signing a license agreement directly with the original author and record label, or obtaining official permission through KOMCA, is the only safe approach.

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