News & Case Record

Siha Lee (of the duo The Cross), a composer whose American rights Elohim administers, has been inaugurated as the 25th President of the Korea Music Copyright Association (KOMCA). He is the writer and producer behind "Don't Cry" and "For You," and a professor at Sejong University specializing in copyright distribution.

In his inaugural address he set out the priorities for his four-year term, summarized as "changing the figure that actually lands in a creator's bank account." Rather than competing on gross collection volume, KOMCA will focus on the amount creators actually receive; it will work to establish a compensation framework for AI use of music; and it aims to raise royalties flowing in from overseas from roughly ₩40 billion to the ₩100 billion range.

To support that overseas expansion, a working group of six Korean music organizations has been formed. Its goal is a unified identifier built on the DDEX international music data exchange standard, so that rights holders are identified the moment a work is played abroad. As the official collection agent for the Americas, Elohim is the operational arm of that policy in the United States, securing licenses from Korean American establishments so that royalties reach Korean creators accurately.

Approximately 500 Korean composers — including President Lee himself — rely on Elohim to protect their rights in the United States. As the Korean music industry moves collectively to strengthen overseas collection, monitoring and enforcement against unauthorized use in the U.S. will intensify accordingly.

Source: The Korea Daily, 24 February 2026 — original article

The U.S. District Court for the Southern District of New York entered judgment for Elohim EPF USA in its copyright action against karaoke and entertainment venues in the New York area. Two questions were at issue: whether Elohim's rights in the works asserted were valid — including seven K-Pop titles such as "So Cool" and "Push Push," composed by Kang Dong-chul (Brave Brothers) — and whether playback at these venues constituted a public performance.

The court held that a karaoke room is a space where songs can be heard by or exposed to others, and that performance rights therefore apply. It further held that a venue's right to use the machine itself — for example under an arrangement with TJ Media — does not discharge the obligation to pay the copyright owner separately. Purchasing hardware or paying a device fee does not substitute for a music license.

On summary judgment, eleven venues were held liable for a total of $110,000 in royalties, with $500,000 in plaintiff's attorney's fees and a monthly per-machine fee assessed in addition.

The defendants have contested the outcome, announcing a joint response through a press conference and arguing that Elohim's demands are excessive. Their counsel filed an amicus curiae brief and is pursuing further proceedings. The seven works at issue have since been removed from the machines at those venues. Elohim intends to extend claims to additional operators in the New York area on the basis of this judgment.

In 2014 the federal court found copyright infringement by S Karaoke (JSP Ventures) in Los Angeles and ordered payment of $105,000 in statutory damages plus attorney's fees, for a total of approximately $120,000. The court set statutory damages at $5,000 per work across the 21 works whose rights were established in that case.

In 2018, twelve karaoke venues in the Los Angeles area accepted a federal court mediation proposal after roughly three years of litigation. The settlement totaled $330,000, with the venues agreeing to pay $45 per room per month going forward.

In 2017 Elohim filed formal infringement actions in the Central District of California against B&G Karaoke, Daegolmok Karaoke and others, seeking statutory damages of up to $150,000 per work for performing songs and displaying lyrics without a license.

That same year Elohim opened its East Coast office in New York and began collection in the region, sending notices to approximately 70 establishments across New York and New Jersey. As the West and East Coast cases became known, operators in Atlanta and other markets began addressing the issue as well.

Collection activity that began in Los Angeles has expanded to the East Coast. Elohim opened an office in New York, issued notices to approximately 70 establishments across New York and New Jersey, and set royalties at roughly $50 per room per month. Where notices went unanswered — including B&G Karaoke and Daegolmok Karaoke — actions were filed for unauthorized public performance and copyright infringement.

The U.S. Copyright Act sets penalty ranges according to willfulness. Where a venue continues to use works knowing they infringe, statutory damages run from $750 to $150,000 per work. Even without willfulness, the range is $200 to $30,000 per work. A losing defendant may also bear the plaintiff's attorney's fees on top of any award.

Registration applies to every establishment using Korean music — karaoke venues, restaurants, cafés, billiard halls, beauty salons — as well as new-song update providers. Establishments that register voluntarily during the notice period will not be held responsible for past unauthorized use. Registration is submitted through the business registration form.

Elohim EPF USA is a music publisher holding collection authority for Korean music copyrights in the United States. We administer rights on behalf of approximately 500 composers across more than 200,000 Korean works, of which roughly 17,000 appear on karaoke machines. Under the Berne Convention, Korean music is protected in the United States without separate registration, and the federal courts have recognized our right to collect.

Since 2014 we have litigated against a number of Korean American establishments, obtaining judgments and settlements. In one action against a Korean American karaoke venue, damages were set at $5,000 per work for a total of $105,000. In the more recent New York and New Jersey proceedings, we prevailed in part — on 7 of the 25 works asserted — with damages of approximately $3,500 per work.

Any establishment operating for profit that plays Korean music is legally obligated to pay royalties. Where infringement is found to be willful, exposure reaches $150,000 per work plus the plaintiff's attorney's fees. Establishments that register voluntarily during the notice period will not be held responsible for past unauthorized use.

Elohim was not a party to this case, but it illustrates what unlicensed music use can cost in the United States. BMI, one of the American performing rights organizations, sued Fosters, a restaurant in North Carolina, for playing music without a license.

Only four songs were established as having been played without authorization. The court awarded $30,450 in statutory damages for those four works — roughly $7,612 each — and added $10,700 in the plaintiff's attorney's fees.

Before filing, BMI had written to the restaurant 29 times and telephoned 56 times seeking to sell a license. The restaurant did not respond, and the matter proceeded to litigation. The license the restaurant should have held would have cost approximately $6,060 per year. Declining it produced an award several times that amount, plus fees.

Source: Techdirt, "Restaurant Owner Ordered To Pay BMI $30,450 For 'Illegally Playing' Four Unlicensed Songs"

Elohim EPF USA's filing against karaoke operators for unauthorized use was reported in the local English-language press.

Twelve karaoke venues in Los Angeles accepted a federal court mediation proposal after roughly three years of litigation, paying $330,000 in settlement and agreeing to $45 per room per month thereafter. In the 2014 action against S Karaoke (JSP Ventures), the court awarded approximately $120,000 in damages and attorney's fees combined.

The same process is now underway on the East Coast. Notices have gone to approximately 70 establishments in New York and New Jersey, with royalties set at roughly $50 per room per month. Operators in Atlanta and other markets are addressing the issue as well.

Under federal law, established infringement carries statutory damages from $750 to $150,000 per work. One point is frequently misunderstood: paying ASCAP, BMI or SESAC does not cover Korean music. Those organizations do not administer these rights, so a separate license from Elohim is required.

Registration applies to every establishment using Korean music — karaoke venues, restaurants, cafés, billiard halls, beauty salons — and to importers and sellers of karaoke machines. Establishments that register voluntarily during the notice period will not be held responsible for past unauthorized use.

Elohim is a music publisher holding the right to collect royalties for Korean music in the Americas and Canada. Where infringement is found to be willful, statutory damages reach $150,000 per work, and royalties may be assessed retroactively for up to three years.

In Los Angeles, twelve karaoke venues settled after three years of litigation — $330,000 in settlement plus $45 per room per month going forward. In the S Karaoke action the court awarded approximately $120,000 in damages and attorney's fees. On the East Coast, notices have been issued to some 70 establishments and collection is proceeding at roughly $50 per room per month.

This applies to every establishment using Korean music, including karaoke venues, restaurants, cafés, billiard halls and beauty salons. Establishments that register voluntarily through our website will not be held responsible for past unauthorized use.

ELOHIM EPF USA, INC. is a music publisher holding the right to collect royalties for the use of Korean music in the Americas and Canada. We have already obtained judgments and settlements from the federal courts in a number of actions. To avoid further litigation, we give notice as follows.

Who must register

Registration applies to every establishment using Korean music.

• Karaoke venues, room salons, private room bars, general bars, Beer & Wine Bars
• Coffee shops, cafés, restaurants, billiard halls, beauty salons
• Importers and sellers of karaoke machines, and new-song update providers

Register through the business registration form or contact us at info@elohimepfusa.com.

Liability for infringement

Unauthorized use of another party's copyright is unlawful under U.S. federal law and carries civil and criminal exposure. Where a party continues to use works knowing they infringe, statutory damages run from $750 to $150,000 per work. Even absent willfulness, the range is $200 to $30,000 per work, and royalties may be assessed retroactively for up to three years.

Holding a license from ASCAP, BMI or SESAC does not cover Korean music. A separate license from Elohim is required.

Treatment of voluntary registrants

Establishments that register voluntarily in response to this notice will not be held responsible in any respect for past unauthorized use. We encourage prompt registration to avoid the financial consequences of litigation.