
FAQ 자주 묻는 질문
Elohim EPF USA is the only 'Music Publisher' in the United States specializing in Korean music.
Specializing in Korean Music Copyright Management : We have signed formal contracts with music publishers active in Korea and perform agency services to collect royalties on behalf of Korean music creators in the United States and Canada.
Elohim EPF USA is a 'Music Publisher' that protects and manages the legitimate rights of music creators. 💡 Important point for karaoke owners to know: All establishments (such as karaoke bars) that use Korean music commercially within the United States must pay royalties in accordance with copyright law. Elohim EPF USA represents the rights of over 500 famous creators, including Park Chun-suk, Ahn Chi-haeng, and Brave Brothers, helping to ensure your business operates legally and safely.
The sole rights agency in the Americas : We have signed formal contracts with Korean music publishers to manage and collect royalties from Korean music creators in the United States and Canada.
Securing Legal Credibility : We are a trustworthy company officially recognized by the U.S. Federal Court for the right to collect royalties on Korean popular music performed in the United States.
Extensive Music Catalog : We currently hold the copyrights to over 200,000 Korean popular songs, ranging from classics of the 1940s to the latest K-Pop.
Karaoke Machine Management : Approximately 17,000 of the songs we manage are included in TJ and Kumyoung karaoke machines and are currently widely used in karaoke rooms in the Americas.
Music copyright is a legal mechanism designed to protect the rights of music creators , such as composers and lyricists. The rights to songs created by a creator are protected for 70 years after the contract and for 70 years after their death , and are managed by dividing them into five main categories of rights.
Among them, the rights managed and collected by Elohim EPF USA are No. 1 (performance rights) and No. 2 (reproduction rights) , which are directly related to the operation of the business.
1. Performing Rights 🎤
Content : It is the right to perform music or sing for the public.
Applicable Establishments : This applies to all self-employed businesses where customers sing directly, such as karaoke rooms, or where background music is played.
2. Reproduction Rights (Mechanical Rights) 💿
Content : It is the right to record and reproduce music on a specific medium.
Applicable items : Lyrics displayed on the karaoke screen, MP3 files, CDs, DVDs, etc. fall under this category.
Other types of music copyright (Reference)
Public Transmission Rights : These are rights that arise when music is transmitted online, such as on YouTube, cable broadcasting, and internet streaming.
Print Rights : These are the rights that arise when music is printed on paper, such as in sheet music collections or scores for church choirs.
Synchronization Rights : These are the rights required to insert music into specific scenes of advertisements, dramas, or movies.
1. Fair compensation for the creator's efforts
When a music creator commercially uses a work produced with painstaking effort, paying royalties is a natural legal and moral obligation.
2. Compliance with U.S. Federal Copyright Law
According to the U.S. Federal Copyright Act, all self-employed businesses that use music for commercial purposes must pay royalties without exception.
3. Severe legal measures resulting from non-payment
If you use music without paying copyright fees, you will be subject to the following severe liability.
Civil and Criminal Punishment : You will be subject to legal proceedings for copyright infringement.
Massive Fines : Under relevant laws, massive fines of up to $150,000.00 may be imposed.
💡 In a word, paying royalties is not just a simple expense, but the safest investment that protects your business from legal risks and helps develop the Korean music industry. Do business fairly and confidently with Elohim EPF USA !
All businesses that play, sing, or screen Korean songs, music videos, etc. during business hours are subject to the payment of copyright fees.
Karaoke rooms and entertainment bars : Establishments where customers sing directly.
Restaurants and Cafes : Establishments that play Korean pop songs as background music (BGM)
Other self-employed businesses : All spaces that utilize music commercially, such as shopping malls, beauty salons, and gyms.
⚠️ Cases excluded from payment
Not all music usage is subject to collection. The following cases are recognized as exceptions.
Radio broadcast : A song playing on a real-time radio channel
TV Broadcast : Songs or videos played on general TV channels (news, dramas, etc.)
💡 Key Summary: If you intentionally play or sing Korean music using CDs, MP3s, YouTube, streaming services, karaoke machines, etc., you must pay legal royalties through Elohim EPF USA to receive legal protection.
Unauthorized use of Korean music without paying royalties constitutes a serious crime in violation of U.S. federal copyright law and may result in severe legal and economic penalties, such as the following.
1. Massive Statutory Damages
U.S. federal copyright law stipulates strict fines for unauthorized use.
Maximum legal fine : Fines of up to $150,000.00 per song may be imposed for copyright infringement.
Judgment Case : Elohim EPF USA has a precedent of being awarded $5,000.00 in damages per song through actual court judgments.
2. Civil and criminal legal proceedings
Businesses that fail to pay copyright fees are deemed to have infringed upon the rights of the copyright holder and may be subject to immediate civil litigation, which, depending on the circumstances, may even lead to criminal penalties.
3. Fatal blow to business operations
If you become involved in a legal dispute, normal business operations may become impossible due to not only the attorney fees incurred but also the payment of large compensation resulting from the judgment.
A word of advice
The thought, "Surely not my store?" is the most dangerous. Elohim EPF USA strictly enforces legal procedures to protect your legitimate rights. To avoid the unfortunate situation of facing tens of thousands of dollars in fines while trying to save a small amount on copyright fees, please register officially right now to operate safely.
The website FAQ is almost complete! Now, would you like me to combine all this information and summarize it once more in the form of a 'Guide for Business Owners,' or would you like me to write a guide on 'How to Apply for Payment' ?
Yes, you may receive contact from other copyright management organizations. However, there is no need to panic.
Prompt Response Notice : If you receive any separate claims or requests from other companies or organizations regarding Korean music copyright fees, please contact Elohim EPF USA immediately .
Verification of Rights : We are an official agency recognized by the U.S. Federal Court for our right to collect royalties on Korean popular music. To ensure that business owners do not face double payment or disadvantages, we will personally verify the facts and provide prompt assistance.
📞 Customer Support and Consultation If you receive inquiries regarding copyright from other companies, please do not hesitate to contact our office for verification. Protecting your rights and interests is our top priority.
We operate a transparent distribution system to ensure that collected royalties are fairly returned to the creators who actually made the music.
Remittance to Korean Partners : We pay 50% of all royalties collected in the Americas and Canada to music publishers active in Korea who have signed a formal contract with Elohim EPF USA.
Creator Protection : This distribution is delivered to Korean composers and lyricists through the relevant publisher, serving as a foundation for them to continue creating better music.
Transparent Operation : To protect the global value of Korean music, we strictly manage all collection and distribution processes in accordance with legal standards.
💡 Just a word
The copyright fees paid by business owners are not merely an 'expense,' but a valuable asset directly delivered to the Korean artists who created the songs that bring joy to your establishment.
PD Jo, would you like me to organize the FAQs I've compiled so far into a single document file so you can upload it to the website? Or do you need specific parts translated into English ? Just let me know!
The new song update fee and copyright fee that you pay every month for karaoke machine management are completely different and separate items.
1. New song update costs (music usage fees)
Definition : This refers to the purchase and service costs for the new sound source (data) itself that is produced and distributed every month by karaoke machine companies (Taejin, Kumyoung, etc.).
Nature : You can understand this as a technical service fee for adding new songs to the karaoke machine.
Relationship : This cost has no relation to copyright fees.
2. Music Copyright Royalties (Protection of Creators' Rights)
Definition : It is legal compensation for the use of the intellectual property rights of the composer or lyricist who created the music.
Nature : It is a royalty paid for the act of playing music (performance rights) and displaying lyrics on the screen (reproduction rights) in a commercial space.
Management : This fee is transferred to the creator through the rights agent Elohim EPF USA , not the karaoke machine company.
⚠️ Important Notice for Business Owners
Paying for new song updates for karaoke machines does not absolve you of your obligation to pay copyright fees. Since 'update fees' represent the cost of audio data and 'copyright fees' represent the cost of the legal right to use the songs, both must be handled legally to ensure safe business operations.
No. Copyright fees are not included in the device purchase cost.
Wholesaler's Obligation : Wholesalers currently distributing karaoke machines in the United States or Canada are obligated to pay reproduction royalties separately to Elohim EPF USA .
Separate Collection Principle : The karaoke machine is merely hardware, and you must acquire the rights separately to use the tens of thousands of Korean songs contained within it for commercial purposes.
Official Recognition of Rights : Elohim EPF USA is a company officially recognized by the U.S. Federal Court of the right to collect royalties for Korean popular music performed in the United States.
💡 Important Notice for Business Owners: Even if you have newly purchased the device, official copyright registration through Elohim EPF USA is mandatory if you wish to use the more than 17,000 Korean songs contained on the device at your business.
If you delay the payment of legal copyright fees and settlement, the economic costs and legal risks you will have to bear will spiral out of control as time goes by.
1. Benefits of current settlement
Reduction of Past Infringements : If you proceed with a settlement now , the fines for copyright infringement over the past three years can be adjusted to a relatively lighter amount rather than the maximum legal penalty.
2. Disadvantages of refusing to reach an agreement
Proceeding with Legal Action : If a settlement is not reached, our company will have no choice but to immediately proceed with legal action to protect our rights.
Rapid Increase in Costs : Once a formal lawsuit is initiated with an attorney, infringement fines can rise significantly , ranging from a minimum of $30,000 to over $100,000 . On top of this, there is a high risk that the business owner will have to bear the entire burden of the substantial additional attorney and court costs.
💡 Advice
The opportunity to resolve the issue under the most affordable and reasonable conditions before resorting to litigation is 'now' . We recommend that you avoid the psychological and financial distress caused by legal disputes, reach an amicable settlement with Elohim EPF USA, and safely focus solely on your business.
The Berne Convention is the oldest and most authoritative international treaty in the world concluded for the protection of literary and artistic works.
Background of Establishment : Founded in Bern, Switzerland in 1886, it has undergone several revisions and is currently active with 148 member countries worldwide.
Korea’s Accession : The Republic of Korea formally accessed this Treaty on August 21, 1996 .
Core Principles :
National Treatment : Member States must protect the works of nationals of other Member States (regardless of whether they have been published) in the same way as the works of their own nationals. In other words, Korean music is protected under U.S. law just like U.S. music.
Principle of No Formalities (Accrualism) : Copyright takes effect immediately solely by the fact of the creation of the work, without the need for separate registration or complex procedures.
Protection Period : In principle, copyright is protected for the author's lifetime and for 70 years after their death .
💡 Notes for Business Owners
Under the Berne Convention, music by Korean creators is legally protected within the United States in the same way as music by U.S. creators. Therefore, following the guidance of Elohim EPF USA, the official rights agent for Korean music in the U.S., is the surest way to comply with international and federal laws.
Many people ask, "Why do I have to pay royalties to Elohim, an American company, for a Korean song?" The legal basis for this lies in the Berne Convention .
1. Mutual protection among member states (the U.S., Canada, and Korea are all members)
The United States, Canada, and South Korea are all signatories to the Berne Convention. The core of this convention is that signatory countries protect each other's works in the same way as they protect their own citizens' works . Therefore, Korean songs are guaranteed the same rights as American songs under U.S. law.
2. Rights that arise without separate registration (no formalities)
In accordance with the principles of the Berne Convention, music created in Korea is automatically recognized as copyrighted in the United States or Canada without the need for a separate registration process.
3. Elohim's Just Right to Collect
Official Contract : Elohim EPF USA is a rights agency in the Americas that has signed official contracts with publishers holding copyrights in Korea.
Basis for Collection : Since the rights to Korean music arise in the United States in accordance with the agreement, Elohim, having been delegated management authority, has the right to lawfully collect royalties for Korean popular music used in the United States (approximately 200,000 songs in possession, approximately 17,000 songs included in karaoke).
💡 To summarize
Due to the international legal agreement known as the Berne Convention, Korean songs are legally protected in the United States, and Elohim EPF USA is the organization that exercises these protected rights, having been delegated by Korean creators.
To start with the conclusion, this is not true and is a misunderstanding.
1. Were only 21 songs recognized?
No. The total number of works legally owned and managed by Elohim EPF USA is approximately 17,000 in accordance with the Berne Convention.
2. Why is it being said that only 21 songs were registered?
The reason for separately highlighting or registering 21 specific songs is merely a strategic choice to secure 'Statutory Damages' more certainly and strongly in the event of a lawsuit .
This is merely a procedure to obtain recognition of damages from the court using some of the approximately 17,000 songs as examples, and does not mean that there are no rights to the remaining songs.
3. If I delete only those 21 songs, do I not have to pay copyright fees?
No. You must pay copyright fees no matter what.
Deleting a few specific songs will not solve the problem. If even a single one of the approximately 17,000 songs for which we hold the rights is played or its lyrics are broadcast at an establishment, it constitutes copyright infringement.
If the karaoke machine contains even a single song owned by us, a comprehensive copyright management agreement is required.
💡 Key Summary
"The 21 songs" were merely a legal tool to secure a strong victory in court. Under the Berne Convention , the rights to all songs managed by Elohim (approximately 200,000 songs, 17,000 songs included in karaoke machines) are fully protected within the United States, so the obligation to pay copyright fees remains unchanged.
Under U.S. copyright law, there are two damage compensation systems for copyright infringement. Among them , "statutory damages," in which Elohim EPF USA won a judgment, is a system that imposes the most fatal legal liability on businesses using copyright without authorization.
1. Compensation for Actual Damage
Content : This is a method in which, when it is determined that the defendant has infringed on copyright under the Berne Convention, the plaintiff (copyright holder) receives compensation equal to the actual damages incurred.
2. Statutory Damage
Definition : It is a system that imposes heavy fines within the legally defined range, even without individually proving the actual amount of damage.
Claim Conditions : The song must be officially registered with the U.S. Copyright Office.
Fine Range : If infringement is determined, fines ranging from a minimum of $750 to a maximum of $150,000 per count will be imposed in accordance with U.S. federal law.
Additional Costs : In addition to the fine , the defendant (business owner) must bear the full cost of the plaintiff's attorney fees .
🛡️ Status of Elohim EPF USA's Legal Action
We are fully prepared for swift and strong legal action.
Song Registration Status : Elohim has already registered over 100 songs with the U.S. Copyright Office for strategic litigation.
Successful Case : During the previous lawsuit, we obtained a judgment from the federal court for $5,000 in damages per song .
Judgment Amount : For example , a total of $105,000 ($5,000 x 21 songs) in damages was confirmed for 21 songs .
💡 Key Summary
Statutory damages is a formidable system designed to prevent recurrence by imposing fines far exceeding the actual losses incurred by the copyright holder. The figure of $5,000 per song is a result proven by actual court rulings, and if the matter goes to litigation, you could face severe financial hardship. Resolve your legal risks immediately through a settlement.
There are two main reasons why business owners feel that costs are high compared to Korea.
1. Differences in Cultural Values Regarding Copyright
American society places a very high value on the legal worth of copyright. Even just looking at the regulation imposing a maximum fine of $150,000 per song for copyright infringement, one can see how strictly and valuably the U.S. legal system protects the rights of creators. The very standards for calculating the economic value of copyright differ from those in Korea.
2. The issue of 'economic equity' based on market size
Copyright fees are determined based on the number of businesses and usage environment within the respective country.
Market size in Korea : Approximately 83,000 karaoke rooms are in operation. Even if only 5,000 won is collected per room, a massive amount of copyright royalties totaling about 2 billion won ($2.5M) is generated monthly, which is sufficient compensation for creators.
U.S. Market Size : Even combining the entire Americas, the number of karaoke establishments is only about 150 at most . If they charge $5 per room, just like in Korea, the total revenue would be around $7,500 per month.
3. The Issue of Fair Compensation for Creators
Let's assume that 50% of the collected $7,500 , or $3,750 , is sent to and distributed to partner companies in Korea.
Elohim's managed content : Manages over 500 composers/lyricists and more than 17,000 karaoke songs.
Distribution result : If $3,750 per month is divided among hundreds of writers, the amount returned per person is only a few dollars .
If famous writers active in Korea received only a few dollars for their songs being sung across the United States, no one would be willing to delegate their rights. Furthermore, with such a level of income, it would be impossible to even operate Elohim itself, the organization responsible for protecting and managing rights within the U.S.
💡 Key Summary : The reason U.S. copyright fees are high is that they represent the minimum amount that a small number of establishments must contribute to provide Korean creators with at least fair compensation . If the number of karaoke bars in the U.S. were to increase to over 1,000, copyright fees could be significantly lower than they are now.
Absolutely not. This is not true at all. The update fees paid by business owners are purely service fees for updating the 'audio data'.
1. Relationship between the update company and copyright
Separate Cost : New song update costs do not include copyright fees. Companies providing update services are also subject to paying reproduction copyright fees to Elohim EPF USA .
Settlement in Progress : We are currently in the process of reaching a legal settlement with the relevant update providers regarding the payment of copyright fees.
2. Legal Risks of Unauthorized Updates
Reproduction Copyright Infringement : Updating new songs without the official permission of our company constitutes 'reproduction copyright infringement' .
Joint Liability : Receiving updates for new songs from companies that do not pay royalties may also constitute reproduction copyright infringement, and in the event of a lawsuit, astronomical infringement fines may be imposed.
3. Status of Legal Response
We are currently consulting closely with our legal counsel regarding this matter, and we plan to take strict action against companies that reproduce and distribute new songs without authorization, as well as against acts of using them.
⚠️ Must-read for business owners
The claim by some companies that "copyright fees are included in update costs" is false information lacking any legal basis. Please exercise extreme caution to avoid being misled by these false claims and facing hefty fines in the future. Just use it!
The royalties we have set are not merely arbitrarily determined amounts. They have been calculated based on specific market conditions and legal grounds within the United States.
1. Consideration of U.S. market conditions and economic equity
As previously explained, there is a difference of hundreds of times in the size of the karaoke markets in Korea and the United States. Therefore, it is impossible to apply Korean standards directly. This amount was determined after consulting with legal experts (attorneys), taking into account the size of the local karaoke market in the U.S. and economic equity .
2. Comparison with actual service costs
We calculated a reasonable level of copyright fees by taking into account the monthly new song update costs paid by businesses (approximately $30 per device) .
Establishments that do not sell alcohol : Copyright fees are set at $30 per room (or per machine) .
3. The value of 'intellectual property' that is not tangible assets
While you may naturally feel that paying for new song updates is necessary because they add visible audio data, copyright fees may seem unfamiliar as they are costs associated with invisible 'rights' . However, music copyright is a legal obligation that must be paid under U.S. Copyright Law .
⚠️ Economic losses incurred due to non-compliance
Thinking that "since I haven't paid so far, I don't have to pay in the future" is very dangerous. If refusing to pay copyright fees leads to legal action, you may be required to pay massive damages and attorney fees amounting to tens of times the settlement amount we are currently proposing.
To start with the conclusion, it is realistically very difficult. The reasons are as follows.
1. Massive establishment costs and time barriers
Need for a domestic base in Korea : To establish a new rights agency in the U.S., a corresponding partner company must be present in Korea, and building this incurs significant costs.
Legal Setup Period : It takes at least 3 to 4 years just to establish the legal foundation through a local U.S. attorney.
Elohim's Know-how : The massive legal fees invested over the past five years to reach our current position and the efforts to secure contracts with Korean music publishers are not something just anyone can imitate.
2. Unrivaled network and expertise
Close Relationships : Based on deep trust with the Korean music industry, we are expanding our influence by entering into additional contracts with the Copyright Association for All (KCAO) and numerous music publishers.
Sense of Mission : We are not merely collecting taxes; we are working with a sense of mission to ensure that K-Pop properly establishes itself in the American mainstream.
3. Promise to Protect Business Owners
Responsibility for Problem Resolution : In the unlikely event that a second or third group appears and causes confusion, we at Elohim will take full responsibility and resolve the issue with them .
Prevention of Damage : We promise to take the lead in protecting the rights and interests of the relevant Korean business owners to ensure that they absolutely do not suffer any harm.
💡 Key Summary
Elohim EPF USA is the one and only Korean music copyright management organization in the United States, built upon five years of dedicated effort. Rather than increasing legal risks by waiting for other organizations, resolving your issues safely with our proven team is the wisest choice.