‘Mojamussa’ writer Park Hae-Young on why she is fighting global OTT platforms···Even if it’s a smash hit, extra compensation is ‘0 won’ - 경향신문

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Park Hae-Young, chair of the Copyright Committee of the Korea Broadcasting Writers Association, explains the ‘buyout contracts’ with OTTs at the association’s office in Yeongdeungpo-gu, Seoul, on the 20th. Seong Dong-Hoon reporter

“People in the industry overseas are astonished. Even though K-content is so famous, when they hear there is no law and we can’t receive a single penny as the price of success.”

Park Hae-Young said this on the 20th at the office of the Korea Broadcasting Writers Association in Yeongdeungpo-gu, Seoul. Park is a star writer who has penned a string of hits, including tvN <My Mister> (2018), JTBC <My Liberation Notes> (2022), and <Everyone Is Fighting Their Worthlessness> (2026). Rarely giving drama-related interviews, Park has been at the forefront in speaking out about the issue of ‘buyout contracts’ between global over-the-top (OTT) platforms and creators. Park also took part in a related press conference held at the National Assembly on the 12th. Park has served as chair of the association’s Copyright Committee for three years.

A buyout contract is an agreement in which the creator receives manuscript fees and copyright fees up front in a lump sum. Even if a drama or book becomes a so-called ‘smash hit’ beyond expectations after the contract, the creator cannot receive additional compensation corresponding to that success. In effect, there is no film-industry-style ‘running guarantee’ linked to performance. As a drama writer who frequently collaborates with global OTT platforms such as Netflix and Disney+, Park felt a strong responsibility to step up to resolve the problem of OTTs acquiring creators’ copyrights wholesale through buyout contracts. “At first I declined, but even if it’s difficult, I felt this is the right thing to do,” Park said.

Park Hae-Young, chair of the Copyright Committee of the Korea Broadcasting Writers Association, explains the ‘buyout contracts’ with OTTs at the association’s office in Yeongdeungpo-gu, Seoul, on the 20th. Seong Dong-Hoon reporter

Buyout contracts rely on Article 100(1) of the Copyright Act. The gist is that broadcasters or OTTs are “presumed to have been assigned the rights necessary for the use of an audiovisual work unless there is a special agreement.” Creators were able to plug the gaps of buyout contracts through such special agreements. Park said, “In 1991, broadcasters and the Korea Broadcasting Writers Association, a copyright trust body, concluded special clauses that allowed writers to receive copyright fees,” adding, “Writers even staged a monthlong writing strike to achieve that.” Back then, if broadcasters could not produce dramas, they had no choice but to leave their schedules empty, so collective action by writers carried weight. Through these special clauses, when broadcasters rebroadcast a drama or sold it overseas, creators could receive additional copyright fees.

However, global OTTs with overwhelming influence in the content market are refusing to enter into special clauses with creators. Park said, “Netflix, Disney+ and other global OTT platforms have forced creators to forgo their inherent right to copyright,” and added, “Writers who struggle to secure a broadcast slot find it hard to refuse this demand.” Park also pointed out, “Audiovisual works are protected by copyright for 70 years after publication. That means filling the coffers of global OTTs for 70 years.” Because global OTTs source content from around the world, it is also difficult for writers to take collective action.

The ‘buyout contract’ problem does not stop with creators. As production costs rise and burdens on production companies grow, global OTTs with deep pockets are dominating the content market.

“Global OTTs raise the contract amount for famous writers instead of agreeing to special clauses,” Park pointed out. “This also leads to higher production costs.” Park added, “Production companies that supply dramas to OTTs are also unable to grow,” and, “Even if a production company’s show succeeds, it cannot obtain additional proceeds. As the expected returns on dramas decline, fewer dramas are being made than before.” While broadcasters’ financial strength is weakening due to deteriorating advertising revenue, giant global OTTs are expanding their influence, making drama production increasingly subordinate to OTTs.

Park Hae-Young (fourth from left) attends a press conference at the National Assembly on the 12th held by the ‘Creators’ Coalition for Fair Compensation for K-Content’ to advocate amending the Copyright Act, holding a placard. Courtesy of the office of Rep. Lim Oh-Kyung of the Democratic Party of Korea

Writers, directors, and actors formed the ‘Creators’ Coalition for Fair Compensation for K-Content’ in 2024 and began working on responses. The Copyright Act amendment bill, spearheaded last month by Rep. Lim Oh-Kyung of the Democratic Party of Korea, specifies that even after copyright is transferred to broadcasters or OTTs, the creator retains a “right to receive remuneration” (a statutory claim for fair compensation). It would allow creators to receive copyright fees as “remuneration” when a work performs well. “Even that one line would enable creators to negotiate with OTTs over copyright,” Park said.

In 2019, the European Parliament enacted the ‘EU Directive on Copyright and Related Rights in the Digital Single Market,’ enshrining the ‘principle of proportionate remuneration’ for creators. EU member states then established laws and regulations pursuant to the directive. In the United States, the Writers Guild of America went on strike in 2023 and secured ‘residual payments’ tied to OTT viewing time from the Alliance of Motion Picture and Television Producers (AMPTP).

Park said, “We’re sometimes misunderstood as famous writers acting to earn more money,” and continued, “If it’s not a buyout form, the initial contract fee will likely be smaller. Even less well-known writers will get more opportunities than now.” Park added, “We will continue our solidarity with the Writers Association,” and, “We are also considering ways for influential writers to band together and raise our voices on this issue.”

Park Hae-Young, chair of the Copyright Committee of the Korea Broadcasting Writers Association, explains the ‘buyout contracts’ with OTTs at the association’s office in Yeongdeungpo-gu, Seoul, on the 20th. Seong Dong-Hoon reporter