Creatives lobby for changes to stifling copyright law

The huge success of the 2019 film “Parasite” and 2021 Netflix original “Squid Game” saw production companies rake in billions of dollars. However, not one penny of this went to the scriptwriters or directors. Why? Because of the current copyright...

Participants from the film industry pose for a photo during the "Just Reward for Video Copyright Holders! Advocating the Amendment of the Copyright Act" forum held at the National Assembly on Thursday. [YONHAP]

The huge success of the 2019 film “Parasite” and 2021 Netflix original “Squid Game” saw production companies rake in billions of dollars. However, not one penny of this went to the scriptwriters or directors. Why? Because of the current copyright law in Korea.

“Our copyright laws do not guarantee anything for creators including directors and screenwriters,” said Yoon Je-kyoon, film director and co-president of the Directors Guild of Korea (DGK), during a forum held Thursday at the National Assembly in southern Seoul.

“We are not asking for a lot of money. All we’re asking is that we can make a living through our hard work. We’re asking for the minimum that other countries guarantee to their creators.”

Contrary to copyright laws in other countries, Korea’s Copyright Act dictates that the profit from video content — including televised dramas, films and content made for online streaming services — goes to the production company and does not need to be shared with the individuals that have participated in the creative process, such as scriptwriters and directors.

Thursday's event was held under the title, “Just Reward for Video Copyright Holders! Advocating the Amendment of the Copyright Act,” and was organized by Reps. Sung Il-jong and Hwangbo Seung-hee of the People Power Party and Rep. Yoo Jung-ju of the Democratic Party. It was attended by 24 organizations representing creators in Korea.

Over 50 film industry representatives including Yang Yun-ho, president of the Motion Pictures Association of Korea, Yim Soon-rye, director of the recent blockbuster hit “The Point Men,” Lee Jeong-seok, chief representative of the Korea Arts Workers Association and many independent directors and writers took part.

Actor Lee Jung-jae, left, and direcor Hwang Dong-hyuk, right, hold up their Emmys during the 74th Primetime Emmys at Microsoft Theater on September 12, 2022 in Los Angeles, California. [AFP]

“No director ever makes it the first time,” said Hang Dong-hyuk, scriptwriter of “Squid Game” in a video message. He could not attend in person, but was met with loud applause from the creators present in the room.

“I remember failing the second and third time, after my first work went down,” he said. “I was struggling financially, living in debt. Once, I only had 200,000 won [$159] to live off for the whole month. Were there any measures [to ensure copyright for creators] then I would not have struggled so much.”

Actor Yoo Ji-tae speaks as a moderator at the “Just Reward for Video Copyright Holders! Advocating the Amendment of the Copyright Act” forum held at the National Assembly on Thursday. [YONHAP]

Although such inequality had been addressed in the past by creators, the call for a change in the law didn’t come until 2021 Netflix Korea's original drama “Squid Game” saw international success, but scriptwriter Hwang did not receive any money from Netflix.

Director Bong Joon-ho only received the commission fee from his initial contract with the production company of his Oscar-winning film "Parasite."

Twenty-eight countries guarantee the copyright of video content to the original creators, according to Kim Jung-hyun, an attorney at law firm Chang Gyeong who represents the DGK. Five countries, including Korea, have proposed amendments to current laws to go forward in this direction.

Director Bong Joon-ho speaks about copyright laws in a video message to the “Just Reward for Video Copyright Holders! Advocating the Amendment of the Copyright Act” forum held at the National Assembly in southern Seoul on Thursday. [LIM JEONG-WON]

Reps. Sung and Yoo each put forward a bill to revise the Copyright Act last year demanding that creators get their fair share of the profit, even if they have yielded part of their copyright to agencies.

“We ultimately need a huge overhaul of the industry structure, and one individual or a group of people can’t achieve this,” said Hwang. “A government-level change needs to happen. We need to guarantee the rights of filmmakers if there is to be a post-Squid Game, post-Parasite success.”

The hardships that many directors face to survive in the Korean film industry are incomparable to Hollywood, said director Yim Soon-rye.

“I heard that in Hollywood, directors can earn a living even if they make one hit film,” said Yim. “They receive copyright fees with each new screening or broadcast of their films. But that is not the case for Korean filmmakers. It is ridiculous that a law that was last amended in 1987 still applies in the digital age of content."

The DGK, which has been one of the most vocal organizations on the matter, said last Sunday that 500 Korean directors received 270 million won of due copyright fees from copyright agencies in Spain and Argentina — the Derechos de Autor de Medios Audiovisuales and the Directores Argentinos Cinematográficos.

The amount that each director received varies, but Hwang is said to have received the most thanks to the success of “Squid Game.”

Director Park Chan-wook speaks about copyright laws in a video message to the “Just Reward for Video Copyright Holders! Advocating the Amendment of the Copyright Act” forum held at the National Assembly in southern Seoul on Thursday. [LIM JEONG-WON]

“This is a show of advocacy from foreign organizations on the Copyright Act revision movement happening in Korea,” the DGK said in a press release. The DGK has been pushing for a revision of the copyright law since 2018 and succeeded in getting 20.4 million won from a French copyright agency in 2020.

The directors who received their copyright fees were given congratulatory plaques during the forum. Each director expressed awe that a foreign country was paying them copyright fees when Korea itself was not, and stated their sincere hopes that the Copyright Act will be amended soon.

“I picture the many faces of fellow directors who left the industry because they could not overcome the poverty,” said scriptwriter Jang Hang-jun.

“I believe that the money we received from Spain and Argentina is meant to support us. [...] Should no change take place, there will never be the next Hwang Dong-hyuk, the next Bong Joon-ho or the next Park Chan-wook.”

BY LIM JEONG-WON, YOON SO-YEON [lim.jeongwon@joongang.co.kr]