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Culture & Contents “Kim & Chang is No. 1 in Korea in working to come up with solutions beyond interpreting regulations.”
– Asialaw Profiles 2018

Overview

Kim & Chang’s Culture & Content Practice provides specialized legal services across the full range of related industries, including entertainment, gaming, sports, and tourism and leisure.

Korea’s culture and content industry, widely known as the “K-content” industry, has continued to grow at the intersection of culture and technology. The K-content industry is gaining worldwide attention as a key market and is steadily expanding its global influence in entertainment, gaming, sports, and tourism and leisure.

Kim & Chang’s Culture & Content Practice provides comprehensive legal services that effectively address not only complex legal and policy issues arising across the content industry, but also crisis management matters such as disputes.

The culture and content industry operates within a complex ecosystem in which numerous stakeholders participate at each stage of production, investment, and distribution. As high-quality content serves as a critical source of competitive advantage, individual players may seek to consolidate and offer diverse content portfolios through mergers and acquisitions (“M&A”), while domestic and international players may pursue various forms of collaboration. With new types of platforms emerging alongside traditional distribution channels and service areas expanding worldwide, the overall landscape of the industry is changing rapidly.

Given the involvement and collaboration of numerous domestic and international stakeholders, and the resulting complexity of legal relationships, precision in legal services is of paramount importance. Beyond intellectual property (“IP”) issues, investment and M&A matters, and a broad range of contractual and dispute-related concerns across the culture and content industry, it is essential to assess the domestic and foreign regulations applicable to each particular service. The issues also vary with the service environment: offline settings call for close attention to serious accident and Environmental, Social, and Governance (“ESG”) issues, while online and digital settings require careful review of e-commerce and telecommunications regulations, as well as privacy and data security issues.

Moreover, the continued rise of K-content has spurred the entry of international companies into the Korean market and the overseas expansion of Korean companies, leading to a steady increase in transactions between domestic and international players. This has placed a growing premium on the ability to handle cross-border contracts and disputes, as well as on deep knowledge and experience in overseas markets. In addition, as stakeholder disputes have become more frequent with the industry’s growth in scale and the competitive launch of diverse services, the need for advice that covers potential disputes has also been heightened.

As the first law firm in Korea to advise on the entertainment sector, starting from the mid-1980s, Kim & Chang has grown alongside the K-content industry, building distinctive experience and expertise along the way. Drawing on close collaboration among specialists across practice areas, we address issues spanning the full legal and policy spectrum, and deliver optimal solutions to the challenges our clients face at the forefront of technological advancement and market change.

Key Servicesshow

Entertainment
  • Media & Video

The media and video sector is undergoing significant transformation as new digital channels—including video-sharing platforms and online video streaming platforms (e.g., over-the-top (“OTT”) services)—have recently emerged alongside traditional film and broadcasting. The pandemic further accelerated such shift, with consumers turning to digital media for the majority of their media/video consumption, fundamentally reshaping the industry’s structure for content production and distribution. Moreover, the global rise of K-content has prompted various foreign players to invest in or enter the Korean market. Meanwhile, regulatory differences between traditional and digital media have led to increasing demands for reform of the regulatory landscape.

Kim & Chang’s Culture & Content Practice provides legal advice on a wide range of media and video content—such as movies, dramas, and animations. Our services span the entire production process, including contract negotiation and advisory services related to production investment and content distribution, and representation in content-related disputes. We also provide comprehensive regulatory advice for domestic market entry and operations across both traditional and digital media, including engagement with regulatory authorities and government relations services.

 

  • Music

Since the emergence of digital music streaming platforms in the early 2000s, consumers around the world have gained easy access to music from across the globe, including K-pop. K-pop in particular has gained popularity as “visual music” through the circulation of music videos, choreography, and challenge clips across digital video-sharing platforms. As investment in musical works has already been well established globally, demand for investment in Korean musical works and key companies in the Korean music industry has also been growing.

Musical works rest on a complex web of relationships among rights holders—including songwriters, composers, and arrangers—as well as performing artists such as singers and musicians, and record producers. Based on a precise understanding of these rights relationships among stakeholders in the music industry, Kim & Chang’s Culture & Content Practice provides comprehensive legal services to a wide range of clients, including domestic and international record labels (including artist management companies), rights holders, performing artists, and investors. Our services include contract negotiation and advisory services, comprehensive regulatory advice for domestic market entry and operations, IP dispute resolution, engagement with regulatory authorities, and government relations services. Looking ahead, as artificial intelligence (“AI”) is expected to meaningfully reshape the music industry, we are actively advising on issues relating to AI and telecommunications regulations as they bear on this evolving landscape.

 

  • Webtoons & Web Novels

Webtoons and web novels have emerged as quintessential IP of the content industry, as original works whose reach extends well beyond individual titles into movie, animation, merchandise, and other adjacent sectors. As IP has become increasingly diverse through the creation of derivative works, defining the rights among stakeholders such as production companies, authors, and platform operators has become more important than ever. Kim & Chang’s Culture & Content Practice provides tailored legal services across the entire lifecycle of IP originating from webtoons and web novels, as well as the production and distribution of derivative works based on such IP, including regulatory advice, contract advisory services, and negotiation support. We also offer comprehensive legal services addressing the full range of issues that may arise on the platforms through which webtoons and web novels are distributed—covering regulation, tax, IP and fair trade.

 

  • Artist Management

The rise of K-pop on the world stage and the growth of global fan economies have propelled the artist management industry into a truly global ecosystem that transcends national borders. As the scale of transactions and the number of domestic and international stakeholders continue to increase in the artist management industry, the various parties’ interests have grown increasingly complex and diverse. This has led to more frequent disputes over contracts—including exclusive management agreements, appearance contracts, and advertising agreements—involving artists (singers and actors), influencers, and content creators, while the need to protect IP rights, image rights, and rights of publicity has also intensified. The demand for proactive legal advice has grown accordingly. In addition, technological advances and evolving business models have created challenges that were once unforeseen: the need to respond to defamation and malicious online content, strengthened ESG policies, and various domestic and international regulatory requirements in areas such as e-commerce, privacy, and data security. Kim & Chang’s Culture & Content Practice has advised artist management companies throughout their growth, navigating a wide range of legal issues. In particular, drawing on a deep understanding of the industry, we have provided tailored legal services to leading domestic and international artist management companies and their artists, influencers, and content creators.

 

  • Performances

The live performance industry is emerging as a cornerstone of culture and content, beloved by audiences both at home and abroad. This sector also demands multi-dimensional risk management, from planning and execution to contracting among stakeholders and on-site safety. Kim & Chang’s Culture & Content Practice has provided comprehensive legal services across every stage of the live performance industry to major performance producers, online ticketing platforms, artist management companies, and others. Our services encompass contract negotiation and advisory services, on-site safety management and liaison with relevant authorities, domestic regulatory advice covering e-commerce, privacy, and data security, and assistance and representation in disputes.

 

 

Gaming

Gaming and esports have become globally recognized cultural and content industries, with Korea at the forefront of the world market. Kim & Chang’s Culture & Content Practice has been present since the earliest days of the Korean gaming industry. We have developed a deep understanding of the full range of regulations applicable to gaming and esports, including rating classification, loot box items, gambling and quasi-gambling, and e-commerce regulations. In close collaboration with professionals who have years of hands-on experience at regulatory authorities and in the industry, we provide effective legal services, spanning advice on all regulations applicable to the gaming industry, responses to regulatory investigations and government relations services, contract and policy advice for the esports industry, IP protection advice, and dispute resolution among stakeholders—including leagues, teams, players, and users. Furthermore, we provide comprehensive legal services to support global gaming companies entering the Korean market and ensuring compliance with domestic regulations.

 

 

Sports

The sports industry has evolved well beyond domestic club operations and league and association activities into a complex industry model encompassing legacy and digital media rights transactions, sponsorship deals, and more. Furthermore, the increasing cross-border movement of athletes and coaches has added further complexity to the interests of related parties, at times giving rise to direct conflicts among stakeholders. Kim & Chang’s Culture & Content Practice has supported a wide range of clients—including major domestic and international clubs, leagues, associations, athletes, media companies, and sponsors—with contract negotiation and advisory services, advice on league operations, and dispute resolution, including international (sports) arbitration. We also provide broad legal services tailored to the specific needs of the sports sector, covering IP, fair trade, industrial safety and serious accident liability, and tax matters.

 

 

Tourism & Leisure

Driven by large-scale development projects and the growth of online platforms, the tourism and leisure industry is evolving into a complex, integrated sector that spans resorts, casinos, and hotels through online travel and accommodation platforms. The industry involves an interconnected web of legal issues—spanning licensing and permits, investment structuring, operation and franchise agreements, platform regulation compliance, and consumer protection. From site acquisition for resort, casino, and hotel developments to obtaining licenses, project financing (“PF”), joint ventures, brand licensing, operational and regulatory response for online travel and accommodation platforms, as well as dispute resolution, Kim & Chang’s Culture & Content Practice provides comprehensive legal services across the full lifecycle of a project—from inception to operations and expansion.

 

 

Integrated Solutions Through Cross-Practice Collaboration

Through systematic collaboration with Kim & Chang’s specialized practice groups, our Culture & Content Practice delivers expert legal services tailored to the unique characteristics of each industry across the full spectrum of relevant disciplines—including IP, employment and labor, tax, privacy and data protection, fair trade, industrial safety and serious accidents, ESG, virtual assets, and AI. We have also built a strong track record in investments, M&As, joint venture formations, and domestic and international IPOs in connection with the culture and content industry. We have been recognized as a leader in legal services for cross-border transactions based on the diverse backgrounds and deep expertise of our members.

Key Experienceshow

Entertainment
Media & Video
 
  • Advised an international film/production company on the establishment of a Korean entity and the operation of its business in Korea.
  • Advised on investments, imports/exports, distribution, customs duties, etc., related to movies/videos.
  • Advised a global OTT platform on the establishment of a Korean entity, launch of services in Korea, and operation of its business in Korea.
  • Advised on acquiring rights for the adaptation and remaking of original works (e.g., chain-of-title).
  • Reviewed contractual relationships between right holders and advised on contract negotiation and preparation related to the production, investment, and distribution of films and video works.
  • Advised an international production company as production counsel on the preparation of contracts for location shooting in Korea and consultations with related authorities.
  • Advised on rights clearance related to post-production for films and video works.
  • Responded to disputes regarding film and video work appearance contracts, including violations of social controversy clauses.
  • Responded to civil and criminal disputes regarding copyright infringement and unfair competition concerning films and video works.
  • Advised on the application procedures for designation as a self-rating service provider.
  • Advised on ratings of films and video works.

 

Music
 
  • Advised a digital music streaming platform on the establishment of a Korean entity, launch of services in Korea, and the operation of its business in Korea.
  • Advised on investments in record producers/distributors and music catalog holding companies.
  • Advised on financial regulations regarding fractional investment structures for music copyrights.
  • Responded to civil and criminal disputes regarding music plagiarism (copyright infringement).
  • Advised on the transaction structure for music catalog acquisition, preparing and negotiating contracts, and consultation with copyright collective management organizations.
  • Advised on the clearance of phonogram rights.
  • Advised on preparing and negotiating contracts related to phonogram production, domestic and international distribution, and revenue sharing.
  • Advised on various legal issues related to the production and distribution of phonograms using artificial intelligence.
  • Provided government relations services concerning regulations of copyright collective management organizations.
  • Advised on negotiating with copyright collective management organizations regarding the interpretation and application of their regulations.
  • Responded to civil and criminal disputes related to the interpretation and application of regulations established by copyright collective management organizations.

 

Webtoons & Web Novels
 
  • Advised on the listing of a Korean webtoon/web novel platform.
  • Advised a Korean webtoon/web novel platform on post-listing procedures.
  • Advised a Korean webtoon/web novel platform on an outbound M&A transaction.
  • Advised a Korean webtoon/web novel platform on domestic investments.
  • Advised on licensing agreements related to the adaptation of webtoons and web novels into video content.
  • Advised on legal issues related to the operation of a webtoon/web novel platform.
  • Advised on review and recommendation services, including thumbnails and descriptions within a webtoon platform.
  • Advised on the terms of service for a global webtoon service.
  • Advised on the scope of value-added tax exemption for domestic webtoons.

 

Artist Management
 
  • Advised on the standard exclusive contract template between an entertainment agency and its artists.
  • Responded to disputes related to exclusive contracts between an entertainment agency and its artists, including provisional injunctions, main lawsuits, and criminal cases.
  • Advised on negotiating and preparing contracts for business partnerships between entertainment agencies.
  • Advised a Korean entertainment agency on its listing in and outside Korea.
  • Advised a Korean entertainment agency on inbound and outbound M&A transactions.
  • Advised a Korean entertainment agency on investment attraction.
  • Advised a Korean entertainment agency on measures to strengthen compliance.
  • Advised a Korean entertainment agency on assessing ESG status, establishing strategies, and developing improvement measures.
  • Responded to Korea Fair Trade Commission investigations into a Korean entertainment agency regarding the Fair Transactions in Subcontracting Act and the Act on the Consumer Protection in Electronic Commerce.
  • Responded to tax and foreign exchange (customs) audits for a Korean entertainment agency.
  • Conducted compliance training for officers and employees of a Korean entertainment agency.
  • Conducted compliance training for artists of a Korean entertainment agency.
  • Responded to civil and criminal cases regarding malicious comments against artists (including advice on overseas procedures to identify malicious commenters).
  • Responded to civil and criminal lawsuits regarding intellectual property infringement and unfair competition practices for the protection of artist IP.
  • Advised on entertainment activities of an artist in and outside Korea, including visa issuances.
  • Advised on tax issues related to a one-person entertainment agency.

 

Performances
 
  • Advised on consultations with regulatory and related authorities for hosting a foreign artist’s concerts in Korea.
  • Advised on disputes with a foreign concert organizer regarding overseas concerts and events of a Korean artist.
  • Advised on consultations with regulatory and related authorities regarding outdoor concerts of a Korean artist.
  • Advised on contract templates for overseas concerts of a Korean artist.
  • Responded to and advised on contractual disputes arising from the cancellation of concerts in and outside Korea.
  • Advised on the implementation of a pricing strategy, such as “dynamic pricing.”
  • Reviewed legal risks for overseas concerts of a Korean artist and cooperated with local law firms.
  • Advised on visa issuance for a foreign artist and cast members for their concert in Korea.
  • Advised on assessing ESG status, establishing strategies, and developing improvement measures for concerts in and outside Korea.
  • Advised on Korean regulations regarding the resale of concert tickets.
  • Advised on responses to accidents during concerts.
  • Advised on establishing a system under the Occupational Safety and Health Act and the Serious Accidents Punishment Act to prevent safety accidents at concert venues.

 

Gaming
  • Advised a game company on inbound and outbound M&As, investment attraction, equity investments, and financing.
  • Provided comprehensive legal advice regarding the initial public offering of a Korean game company.
  • Advised an international game company on the establishment of a Korean entity, investment in Korea, and overall operation of its business in Korea.
  • Reviewed the adequacy of royalty payments between a Korean entity of an international game company and the global head office of the company.
  • Advised on compliance with laws and regulations related to the game industry, including the Game Industry Promotion Act, the Personal Information Protection Act, and the Act on the Consumer Protection in Electronic Commerce.
  • Reviewed the terms of use, privacy policy, and key business contracts for Korean and international game companies.
  • Advised on game rating classification criteria and preliminary procedures, and reviewed measures related to the Game Rating and Administration Committee’s rating.
  • Reviewed investment contracts, tournament operation regulations, and guidelines related to the reorganization and structuring of esports leagues.
  • Advised on negotiating and preparing license agreements for the adaptation of game IP into video content (such as dramas, films, and animations).
  • Responded to various disputes, including representing clients in injunction and damage claim lawsuits regarding game plagiarism, copyright infringement, trade secret misappropriation, and unfair competition practices.
  • Represented a client in criminal complaint and civil damages cases concerning the creation and distribution of illegal programs (i.e., hacks, macros) and the operation of illegal private servers.
  • Responded to disputes regarding game publishing contract breaches, settlement issues, and contract terminations.
  • Advised on legal risks related to game items and virtual currency transactions and responded to related civil and criminal disputes.
  • Reviewed the legitimacy of penalties against game users and esports players and responded to related procedures.
  • Responded to Korea Fair Trade Commission investigations regarding loot box items, administrative litigation to revoke penalties, and related user class-action lawsuits.
  • Responded to Korea Fair Trade Commission investigations into alleged violations of the Fair Transactions in Subcontracting Act and the Act on the Consumer Protection in Electronic Commerce.
  • Responded to Korea Fair Trade Commission investigations regarding PC gaming room businesses and promotions.
  • Handled administrative litigation concerning rating denials or revocations for Play-to-Earn (“P2E”) and NFT-based games.
  • Handled administrative litigation concerning measures such as rating denials taken by the Game Rating and Administration Committee.
  • Responded to investigations by the Personal Information Protection Commission and the Korea Internet & Security Agency regarding leakage and infringement of users’ personal information resulting from hacking, etc.
  • Filed and pursued constitutional complaints regarding regulatory legislation and laws within the game industry, such as the mandatory game shutdown system.

 

Sports
  • Advised on contract negotiations regarding the overseas transfer of Korean football players and managers.
  • Advised on revisions to operating regulations for a professional baseball team squad.
  • Provided advisory services regarding league approvals by the Korea Football Association.
  • Advised on disputes related to the overseas transfer of a Korean volleyball player and represented a club in international federation arbitration proceedings.
  • Advised on the bankruptcy of a professional basketball club.
  • Advised on responding to an International Olympic Committee disciplinary hearing concerning a national football team player.
  • Advised the Korea Basketball Association on the interpretation of Korean law regarding the right to call up players.
  • Participated in and advised on professional baseball salary arbitration procedures.
  • Represented a professional baseball club in a copyright infringement lawsuit regarding the use of team cheer songs.
  • Advised a professional baseball club on disciplinary action against a player.
  • Advised on sponsorship contracts for international tournaments.
  • Advised on ambush marketing issues.
  • Advised professional sports athletes on individual activities and personal sponsorship contracts.

 

Tourism & Leisure
  • Advised on government license and permit acquisition, investment-related financing, and joint venture agreements required for the development of an integrated casino resort within a Free Economic Zone.
  • Advised a global hotel/resort operator on the review and due diligence of hotel management agreements.
  • Advised a foreign investor on the negotiation and execution of hotel management agreements or franchise agreements.
  • Advised Korean and international companies on integrated resort development projects in Korea.
  • Advised a construction company on the review of hotel management agreements.
  • Advised on changing a hotel management agreement to a franchise agreement.
  • Advised a global hotel/resort operator on the termination of hotel management agreements.
  • Advised a Korean hotel/resort operator on negotiations and contract execution for a hotel reconstruction project.
  • Advised a global investor on contract negotiations and execution with a global hotel/resort operator regarding a development project in Korea.
  • Advised on a theme park development project in Korea.
  • Advised a Korean company on casino licensing.
  • Advised an international casino company on the acquisition of a Korean casino.
  • Advised an international casino company on investments in a Korean casino business.
  • Advised an international casino company on marketing activities in Korea.
  • Advised a client on various legal issues related to hotel and casino operations in Korea, and represented the client in labor-management litigation.

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