Copyright Collective Management Organization Act Article 25

A copyright user who objects to a royalty rate set by a CMO may apply to the specialized agency in charge of copyright matters for a review; at the time of application it shall also submit written reasons and other related materials.When the specialized agency in charge of copyright matters receives an application pursuant to the preceding paragraph, it shall publish the application on its website. Other users with the same circumstances of exploitation may also submit written reasons and related materials and make a request of the specialized agency in charge of copyright matters for participation in the application for review.After receiving an application for review pursuant to paragraph 1, the specialized agency in charge of copyright matters may order the CMO to provide the factors under each subparagraph of the preceding article that it used in consideration of the royalty rates, its conditions for licensing, and other relevant documents. The CMO may not refuse such an order.When the specialized agency in charge of copyright matters performs its review, it may change the criteria, ratios, or amounts for calculation of royalties originally adopted by the CMO, and shall seek the opinion of the Copyright Review and Mediation Committee.When there are matters requiring supplementation or correction with respect to an application under paragraph 1 that are not performed within the period designated by the specialized agency in charge of copyright matters, or in the absence of reasons for application, the specialized agency in charge of copyright matters may reject the application.When there is sufficient reason for an application for review under paragraph 1, the specialized agency in charge of copyright matters shall make a determination of the given royalty rate, which shall be effective from the date of application for review, provided that in the case of applications made prior to the date of implementation of a given royalty rate, the newly determined rate shall take effect from the date of implementation.A royalty rate that has been determined pursuant to the preceding paragraph may not be changed by the CMO within three years from its date of implementation, and during the same period, users also may not make any further application for review of matters on which such a determination has been made, provided that these provisions will not apply in the case of a material change in circumstances.The specialized agency in charge of copyright matters may prohibit the implementation of a royalty rate which is under application for review pursuant to paragraph 1 when the rate is in violation of the law, or when there is no legal basis for collection of that royalty rate.The review determinations under paragraph 6 and the preceding paragraph shall be published on the website of the specialized agency in charge of copyright matters.If a royalty rate is determined through a review by the specialized agency in charge of copyright matters, then for any license agreement that was signed between a user and a CMO prior to the determination, the user may, during the effective term of the agreement, request a change by the CMO in the amount of the royalty.When implementation of a CMO's royalty rate has been prohibited by the specialized agency in charge of copyright matters, the CMO shall return the royalties already collected.The review decision of an application under paragraph 1 shall be made by the specialized agency in charge of copyright matters within four months from the date the documents are fully submitted.The members of the Copyright Review and Mediation Committee under paragraph 4 shall include government authorities, scholars, experts, rights holders and users.