Article 94-3Simultaneous Broadcasting of Performances Whose Sound Has Been Recorded onto Commercial Phonograms

①A broadcaster, cablecaster or simultaneous broadcasting service may transmit via simultaneous broadcasting a performance whose sound has been recorded onto a commercial phonogram (including phonograms made available for transmissions; the same applies in the following paragraph, paragraph (1) of the following Article, Article 96-3, paragraphs (1) and (2), and Article 97, paragraphs (1) and (3)) with the authorization of the owner of the right provided for in Article 91, paragraph (1) (excluding performances for which a copyright management service manages the right provided for in Article 92-2, paragraph (1), or performances for which information necessary for smooth authorization, including the name of the specified performer and the contact information for accepting applications for authorization of simultaneous broadcasting, as specified by the Commissioner of the Agency for Cultural Affairs, has been disclosed by a method specified by the Commissioner of the Agency for Cultural Affairs).

②Having transmitted a performance referred to in that paragraph via simultaneous broadcasting using a commercial phonogram, a broadcaster, cablecaster or simultaneous broadcasting service must pay compensation in an amount equivalent to the ordinary rate of royalties to the specified performer of the performance.

③If a copyright management service is in existence, whose consent has been obtained and which the Commissioner of the Agency for Cultural Affairs has designated as the only such service in the country, it is permissible for the right to receive the compensation referred to in the preceding paragraph to be exercised exclusively through the copyright management service.

④The provisions of Article 93-3, paragraph (4) apply mutatis mutandis to the designation under the provisions of the preceding paragraph, and the provisions of paragraphs (5) through (13) of that Article apply mutatis mutandis to the compensation referred to in paragraph (2) and the designated copyright management service pursuant to the provisions of the preceding paragraph. In this case, in paragraph (4), item (iv) of that Article, the phrase "remuneration referred to in paragraph (2)" is deemed to be replaced with "compensation referred to in Article 94-3, paragraph (2)," and in paragraphs (7) and (10) of that Article, the term "broadcaster" is deemed to be replaced with "broadcaster, cablecaster."