Frequently Asked Questions

Elohim EPF USA is the only Music Publisher in the United States specializing in Korean music. We protect and manage the legitimate rights of music creators.

• 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 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 widely used in karaoke rooms across the Americas.

Music copyright is a legal mechanism designed to protect the rights of music creators such as composers and lyricists. The rights to a created song are protected for 70 years after the contract and for 70 years after the creator's death, and are managed across five main categories of rights.

Among them, the rights managed and collected by Elohim EPF USA are No. 1 (performing rights) and No. 2 (reproduction rights), which relate directly to business operations.

1. Performing Rights

• Content — The right to perform music or sing for the public.
• Applicable establishments — All businesses where customers sing directly, such as karaoke rooms, or where background music is played.

2. Reproduction Rights (Mechanical Rights)

• Content — The right to record and reproduce music on a specific medium.
• Applicable items — Lyrics displayed on the karaoke screen, MP3 files, CDs, DVDs, and similar.

Other types of music copyright (reference)

• Public Transmission Rights — Rights that arise when music is transmitted online, such as on YouTube, cable broadcasting and internet streaming.
• Print Rights — Rights that arise when music is printed on paper, such as in sheet music collections or scores for church choirs.
• Synchronization Rights — Rights required to insert music into specific scenes of advertisements, dramas or movies.

1. Fair compensation for the creator's efforts

When a work produced with painstaking effort is used commercially, 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 businesses that use music for commercial purposes must pay royalties without exception.

3. Severe legal measures resulting from non-payment

• Civil and criminal punishment — You will be subject to legal proceedings for copyright infringement.
• Massive fines — Under relevant laws, fines of up to $150,000.00 may be imposed.

All businesses that play, sing or screen Korean songs and music videos during business hours are subject to the payment of copyright fees.

• Karaoke rooms and entertainment bars — Establishments where customers sing directly.
• Restaurants and cafés — Establishments that play Korean pop songs as background music (BGM).
• Other businesses — All spaces that use music commercially, such as shopping malls, beauty salons and gyms.

Cases excluded from payment

• Radio broadcast — A song playing on a real-time radio channel.
• TV broadcast — Songs or videos played on general TV channels (news, dramas, etc.).

Unauthorized use of Korean music without paying royalties is a serious violation of U.S. federal copyright law and may result in severe legal and economic penalties.

1. Massive statutory damages

• 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 the rights of the copyright holder and may be subject to immediate civil litigation, which 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 attorney fees and large compensation resulting from the judgment.

Yes, you may be contacted by other copyright management organizations. However, there is no need to panic.

• Prompt response — 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 business owners do not face double payment or disadvantage, we will verify the facts and provide prompt assistance.

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 reaches 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.

Absolutely not. The monthly new song update fee and the copyright fee are completely different and separate items.

1. New song update costs (audio data service)

• Definition — The purchase and service cost for the new audio data produced and distributed each month by karaoke machine companies (TJ, Kumyoung, etc.).
• Nature — 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 — Legal compensation for the use of the intellectual property rights of the composer or lyricist who created the music.
• Nature — A royalty paid for playing music (performing rights) and displaying lyrics on screen (reproduction rights) in a commercial space.
• Management — This fee reaches the creator through the rights agent Elohim EPF USA, not the karaoke machine company.

3. Relationship between update companies and copyright

• Separate cost — Companies providing update services are themselves subject to paying reproduction copyright fees to Elohim EPF USA.
• Settlement in progress — We are currently in the process of reaching legal settlements with the relevant update providers.
• Joint liability — Receiving song updates from companies that do not pay royalties may also constitute reproduction copyright infringement, and in the event of a lawsuit, substantial infringement fines may be imposed.

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; the right to use the tens of thousands of Korean songs contained within it commercially must be acquired separately.
• Official recognition of rights — Elohim EPF USA is officially recognized by the U.S. Federal Court for the right to collect royalties on Korean popular music performed in the United States.

If you delay legal payment and settlement, the economic costs and legal risks you bear will grow substantially over time.

1. Benefits of settling now

• Reduction of past infringements — If you settle now, 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 settle

• Proceeding with legal action — If no settlement is reached, our company will have no choice but to proceed with immediate legal action to protect our rights.
• Rapid increase in costs — Once a formal lawsuit begins, infringement fines can rise from a minimum of $30,000 to over $100,000, plus substantial attorney and court costs borne by the business owner.

The Berne Convention is the oldest and most authoritative international treaty concluded for the protection of literary and artistic works.

• Background — Founded in Bern, Switzerland in 1886, it has undergone several revisions and currently has 148 member countries worldwide.
• Korea's accession — The Republic of Korea formally acceded on August 21, 1996.

Core principles

• National treatment — Member states must protect the works of nationals of other member states (whether published or not) in the same way as the works of their own nationals. Korean music is protected under U.S. law just like U.S. music.
• No formalities — Copyright takes effect immediately upon creation of the work, without separate registration or complex procedures.
• Protection period — In principle, copyright is protected for the author's lifetime plus 70 years.

Many people ask, "Why do I have to pay royalties to Elohim, an American company, for a Korean song?" The legal basis lies in the Berne Convention.

1. Mutual protection among member states

The United States, Canada and South Korea are all signatories. The core of the convention is that signatory countries protect each other's works exactly as they protect their own citizens' works. Korean songs therefore carry the same rights as American songs under U.S. law.

2. Rights that arise without separate registration

Under the convention's principles, music created in Korea is automatically recognized as copyrighted in the United States and Canada without a separate registration process.

3. Elohim's legitimate 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 rights to Korean music arise in the United States under the convention, Elohim, having been delegated management authority, has the right to lawfully collect royalties on Korean popular music used in the United States (approximately 200,000 songs held, approximately 17,000 included in karaoke machines).

To start with the conclusion: this is not true, and reflects 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 said that only 21 songs were registered?

Registering 21 specific songs separately was a strategic choice to secure statutory damages more certainly and strongly in the event of a lawsuit. It is a procedure using some of the approximately 17,000 songs as examples to obtain recognition of damages from the court — not an indication that rights to the remaining songs are absent.

3. If I delete only those 21 songs, do I avoid paying?

No. Copyright fees must be paid regardless. If even a single one of the approximately 17,000 songs for which we hold rights is played, or its lyrics broadcast, at an establishment, it constitutes copyright infringement. If the machine contains even one song owned by us, a comprehensive copyright management agreement is required.

Under U.S. copyright law there are two damage compensation systems for infringement. "Statutory damages," under which Elohim EPF USA won a judgment, imposes the most severe legal liability on businesses using copyrighted works without authorization.

1. Actual damages

When the defendant is determined to have infringed copyright under the Berne Convention, the plaintiff receives compensation equal to the actual damages incurred.

2. Statutory damages

• Definition — A system imposing heavy fines within a 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 from a minimum of $750 to a maximum of $150,000 per count apply under U.S. federal law.
• Additional costs — In addition to the fine, the defendant must bear the full cost of the plaintiff's attorney fees.

Status of Elohim EPF USA's legal action

• Song registration — Over 100 songs already registered with the U.S. Copyright Office for strategic litigation.
• Successful case — In a previous lawsuit we obtained a federal court judgment of $5,000 in damages per song.
• Judgment amount — For example, a total of $105,000 ($5,000 × 21 songs) in damages was confirmed for 21 songs.

There are two main reasons why business owners feel costs are high compared with Korea.

1. Differences in cultural value placed on copyright

American society places a very high value on the legal worth of copyright. The maximum fine of $150,000 per song for infringement alone shows how strictly the U.S. legal system protects creators' rights. The standards for calculating the economic value of copyright differ fundamentally from Korea's.

2. Economic equity based on market size

• Korea — Approximately 83,000 karaoke rooms are in operation. Even collecting only 5,000 won per room generates roughly 2 billion won ($2.5M) monthly, which is sufficient compensation for creators.
• United States — Even combining the entire Americas, the number of karaoke establishments is only about 150. Charging $5 per room as in Korea would yield around $7,500 per month in total.

3. Fair compensation for creators

Suppose 50% of the collected $7,500 — $3,750 — is sent to partner companies in Korea for distribution. Elohim manages over 500 composers and lyricists and more than 17,000 karaoke titles. Dividing $3,750 per month among hundreds of writers returns only a few dollars per person.

If well-known writers in Korea received only a few dollars for their songs being sung across the United States, no one would delegate their rights. At that level of income it would also be impossible to operate Elohim itself, the organization responsible for protecting and managing those rights within the U.S.

Our royalty rates are not arbitrary. They are calculated based on specific market conditions and legal grounds within the United States.

1. U.S. market conditions and economic equity

As explained above, the karaoke markets in Korea and the United States differ by hundreds of times in size, so Korean standards cannot be applied directly. The amount was determined after consulting legal experts, taking into account the size of the local U.S. karaoke market and economic equity.

2. Comparison with actual service costs

• We calculated a reasonable royalty level with reference to the monthly new song update cost 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

Paying for new song updates feels natural because visible audio data is added, while copyright fees may seem unfamiliar as costs for an invisible right. However, music copyright is a legal obligation under U.S. Copyright Law.

To start with the conclusion: it is realistically very difficult. The reasons are as follows.

1. Substantial establishment costs and time barriers

• A base in Korea is required — Establishing a new rights agency in the U.S. requires a corresponding partner company in Korea, which is costly to build.
• Legal setup period — Establishing the legal foundation through a local U.S. attorney alone takes at least 3 to 4 years.
• Elohim's know-how — The legal fees invested over the past five years to reach our current position, and the effort to secure contracts with Korean music publishers, are not easily replicated.

2. Unrivaled network and expertise

• Close relationships — Based on deep trust with the Korean music industry, we continue to expand through additional contracts with the Copyright Association for All and numerous music publishers.
• Sense of mission — We are not merely collecting; we work to ensure K-Pop establishes itself properly in the American mainstream.

3. Promise to protect business owners

• Responsibility for resolution — In the unlikely event that a second or third group appears and causes confusion, Elohim will take full responsibility and resolve the issue with them.
• Prevention of harm — We promise to take the lead in protecting the rights and interests of Korean American business owners.