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Culture Insight
Meanwhile, Netflix, one of the industry-leading OTT
This means that
companies, has unstinting support for content production.
Disney Plus will
Netflix,whichhasalargenumberofusersallovertheworld,
have the right to
produces and broadcasts Netflix Original Series exclusively
use the recorded
at a huge investment. Compared to this, Korean terrestrial
voices of the
broadcasters are still far short in terms of budgets. Lee Hee-
voice actors. In
dae, adjunct professor at the Graduate School of Media &
addition,thelump
Communication of Kyung Hee University, said via Newsis,
sum contract
▲Creators and OTT companies should make a
contractlegallybasedonclearagreement.
“The production cost per episode of Netflix Original Series
states that the
content ‘Kingdom’ Season 2 is up to five times higher than
names of the
Plus
the miniseries dramas of Korean broadcasters, which cost
/Disney
voice actors may
400milionwon(US$301.43)to500millionwon(US$376.78)
ormaynotappear
ⓒHawkeye
at most.” He also said, “It does not seem that Korean
in the end credits
contents will win in head-to-head competition with large
depending on
OTT companies in the OTT market, where content quality
circumstances. In
determines viewer’s choices, especially in the field of well-
fact,thenamesof
made content such as movies, dramas, and entertainment
the voice actors
▲The names of the voice actors are not shown in
shows.” Viewers put a high value on content and then select
who participated
theendcredits.
OTT, so it is important to invest in content production and
in the dubbing
raise the quality of work. Therefore, PPL and advertisements
could not be seen in the end credits of the Marvel series
thatappearinthemiddleofthestoryduetobudgetproblems
“Hawkeye,”whichwasreleasedinNovember2021onDisney
areafatalweakness.
Plus.HwangDong-hyuk,directoroftheNetflixoriginalseries
“Squid Game,” also signed a similar contract with Netflix.
Therefore, since he and the production company legally
transferred IPR to Netflix, Netflix monopolized all profits
LumpSumContract
generated by “Squid Game.” He did not earn any additional
The reason Korean voice actors lost their voices to Disney
income officially, even though it recorded a huge success.
Plusisbecausethevoiceactorssigneda“lumpsumcontract”
Furthermore, except by special agreement, Netflix will also
with Disney Plus. A lump sum contract is a special type of
have the rights to secondary works such as games, costumes,
contractinwhichtheOTTcompanytakesallrights,including
andperformancesof“SquidGame.”Itisthemostbasicnorm
IPRandsecondaryworksthatrecreatetheoriginalwork,after
foranOTTcompanytorecognizetheabilityofacreator,and
paying the creator and the production company in advance
itisnecessarytospecifyandpromisetherightsofcreatorsin
for content. In a lump sum contract, the creator and the
a legally binding contract for improving the competence of
production company can obtain a stable profit by being paid
creators.
inadvanceregardlessofthesuccessofthework.However,the
profit generated from hits exceeding the production cost are
possessedexclusivelybytheOTTcompany.Therearevarious
DroughtintheDelugeofContents
problemssurroundingthis.
In the letter of subrogation that the voice actors signed with
According to the report on “OTT Service Trend 2022”
Disney Plus in a lump sum contract, there is a clause called
of “Open Survey,” OTT platform subscribers cancel a
“New Exploitation Rights.” The related clause states, “I am
subscription when they do not have more content they want
aware and hereby acknowledge that new rights to the Work
to see. People decide to cancel their subscription when they
maycomeintobeingand/orberecognizedinthefuture,under
haveseenallthecontenttheywanttoseeorifthereisnotvery
thelawand/orequity,andIherebygrantandconveytoDisney
much, and they resubscribe when new interesting content is
Plus any and all such New Exploitation Rights to the Work.”
opened.Inparticular,theproportionofthoseintheirtwenties
16
www.theargus.org
Meanwhile, Netflix, one of the industry-leading OTT
This means that
companies, has unstinting support for content production.
Disney Plus will
Netflix,whichhasalargenumberofusersallovertheworld,
have the right to
produces and broadcasts Netflix Original Series exclusively
use the recorded
at a huge investment. Compared to this, Korean terrestrial
voices of the
broadcasters are still far short in terms of budgets. Lee Hee-
voice actors. In
dae, adjunct professor at the Graduate School of Media &
addition,thelump
Communication of Kyung Hee University, said via Newsis,
sum contract
▲Creators and OTT companies should make a
contractlegallybasedonclearagreement.
“The production cost per episode of Netflix Original Series
states that the
content ‘Kingdom’ Season 2 is up to five times higher than
names of the
Plus
the miniseries dramas of Korean broadcasters, which cost
/Disney
voice actors may
400milionwon(US$301.43)to500millionwon(US$376.78)
ormaynotappear
ⓒHawkeye
at most.” He also said, “It does not seem that Korean
in the end credits
contents will win in head-to-head competition with large
depending on
OTT companies in the OTT market, where content quality
circumstances. In
determines viewer’s choices, especially in the field of well-
fact,thenamesof
made content such as movies, dramas, and entertainment
the voice actors
▲The names of the voice actors are not shown in
shows.” Viewers put a high value on content and then select
who participated
theendcredits.
OTT, so it is important to invest in content production and
in the dubbing
raise the quality of work. Therefore, PPL and advertisements
could not be seen in the end credits of the Marvel series
thatappearinthemiddleofthestoryduetobudgetproblems
“Hawkeye,”whichwasreleasedinNovember2021onDisney
areafatalweakness.
Plus.HwangDong-hyuk,directoroftheNetflixoriginalseries
“Squid Game,” also signed a similar contract with Netflix.
Therefore, since he and the production company legally
transferred IPR to Netflix, Netflix monopolized all profits
LumpSumContract
generated by “Squid Game.” He did not earn any additional
The reason Korean voice actors lost their voices to Disney
income officially, even though it recorded a huge success.
Plusisbecausethevoiceactorssigneda“lumpsumcontract”
Furthermore, except by special agreement, Netflix will also
with Disney Plus. A lump sum contract is a special type of
have the rights to secondary works such as games, costumes,
contractinwhichtheOTTcompanytakesallrights,including
andperformancesof“SquidGame.”Itisthemostbasicnorm
IPRandsecondaryworksthatrecreatetheoriginalwork,after
foranOTTcompanytorecognizetheabilityofacreator,and
paying the creator and the production company in advance
itisnecessarytospecifyandpromisetherightsofcreatorsin
for content. In a lump sum contract, the creator and the
a legally binding contract for improving the competence of
production company can obtain a stable profit by being paid
creators.
inadvanceregardlessofthesuccessofthework.However,the
profit generated from hits exceeding the production cost are
possessedexclusivelybytheOTTcompany.Therearevarious
DroughtintheDelugeofContents
problemssurroundingthis.
In the letter of subrogation that the voice actors signed with
According to the report on “OTT Service Trend 2022”
Disney Plus in a lump sum contract, there is a clause called
of “Open Survey,” OTT platform subscribers cancel a
“New Exploitation Rights.” The related clause states, “I am
subscription when they do not have more content they want
aware and hereby acknowledge that new rights to the Work
to see. People decide to cancel their subscription when they
maycomeintobeingand/orberecognizedinthefuture,under
haveseenallthecontenttheywanttoseeorifthereisnotvery
thelawand/orequity,andIherebygrantandconveytoDisney
much, and they resubscribe when new interesting content is
Plus any and all such New Exploitation Rights to the Work.”
opened.Inparticular,theproportionofthoseintheirtwenties
16
www.theargus.org
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