Hello, I’m Attorney Kyusung Lee.
In my consultations with foreign creators active in Korea, the most frequent disputes arise from advertising and sponsorship agreements.
The advertising market on platforms such as YouTube, Instagram, and TikTok has grown rapidly, but many collaborations still proceed without a properly drafted contract.
Foreign creators are particularly vulnerable—language barriers and unfamiliar contract practices often result in signing agreements without fully understanding unfavorable or risky terms. This makes a contract review based on Korean legal standards essential.
In this post, I will highlight the key issues foreign creators must understand before entering into brand advertising or sponsorship agreements in Korea.
📌 상담 문의 / Contact
Mention that you found me through the blog for smoother assistance.
☎ Tel: +82 2 6264 7604 (Direct line to Attorney Lee)
📧 kyusungii@gmail.com (Recommended for late hours or overseas clients)
The Most Dangerous Clause in Brand Deals: Usage Period & Scope of Advertising Materials
One of the most commonly overlooked issues is the duration and scope of usage for your image, voice, and content.
Some brands attempt to include clauses allowing them to use a creator’s face, voice, or video permanently. In Korea, this can lead to serious long-term risks.
Advertisements are intended to run for limited periods, so any clause allowing perpetual use must be revised.
If the brand wants to reuse identical videos or photos for secondary or third campaigns without additional payment, this may constitute a violation of your portrait rights or publicity rights.
Brands also sometimes include broad language such as ‘worldwide use’ or ‘all media use.’ You must specify exactly:
- Which regions the content can be used in
- Which media channels are included
- Whether the usage extends to TV, subway ads, outdoor screens, etc.
If there are platforms or media you do not want to authorize, they should be explicitly excluded in the contract.
Another Key Issue: Liability for False or Misleading Advertising
Korea enforces strict regulations on misleading or exaggerated advertisements.
Categories such as cosmetics, health supplements, and medical-related content are especially sensitive—one careless phrase may result in a violation for ‘misleading claims about efficacy.’
Even if the brand provides the script, the creator who posts the content may still share liability.
Foreign creators face greater risk because verifying the accuracy of Korean expressions can be difficult.
For maximum protection, any brand-provided script or phrase should be reviewed through legal consultation to ensure compliance with Korean advertising regulations.
How Much Should You Accept? Responding to Excessive Brand Revision Requests
While brands may request corrections under the contract, excessive modification requests can infringe on the creator’s creative rights.
Problems arise when brands demand multiple rounds of deletions, significant restructuring, or even a complete reshoot—effectively forcing the creator to recreate the content.
If the contract does not specify the limits of modification requests, the creator may end up bearing all of the burden.
Your contract should clearly specify:
- The number of revision requests the brand may make
- The scope of acceptable revisions (e.g., factual inaccuracies, brand guideline violations)
- Whether additional fees are payable when a full reshoot is demanded
These protections prevent unreasonable demands and ensure your creative rights are preserved.
Secondary Use of Content Created by the Brand: When Problems Arise
Brands sometimes reuse content for additional campaigns or overseas advertising.
However, this directly relates to your portrait rights and publicity rights, which means separate consent is required.
Violations occur when:
- Content approved for use only in Korea is suddenly used across Southeast Asia
- A creator’s image is used in a brand’s online store or product listings without permission
Unauthorized use can be grounds for legal claims for damages, so creators should prepare in advance—or take immediate action if such misuse occurs.
Creators have the legal right to control how, where, and for how long their face or voice is used.
Therefore, the contract should include clauses limiting unauthorized usage and requiring explicit approval for additional campaigns or territories.
Closing Thoughts
Brand advertising and sponsorship agreements for foreign creators in Korea are not merely income-generating arrangements—they come with significant legal risks.
Language barriers and unfamiliar industry practices often lead creators to accept terms that are disadvantageous or unclear.
The safest approach is to involve a lawyer from the drafting stage, ensuring each clause is structured to protect the creator.
Portrait rights, publicity rights, and intellectual property rights are the creator’s most valuable assets.
Any clause allowing unlimited usage, or any provision with ambiguous liabilities, must be reviewed and corrected.
The best way to avoid disputes:
- Take sufficient time to review the contract
- Rewrite vague clauses into clear, enforceable language
- Ensure all usage, liability, and compensation terms are explicitly defined
If you want to safely handle brand deals, sponsorships, MCN contracts, or exclusive agreements, I am here to assist you. Thank you.
📌 상담 문의 / Contact
☎ Tel: +82 2 6264 7604 (Direct line to Attorney Lee)
📧 kyusungii@gmail.com (Recommended for late hours or overseas clients)
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Kyusung Lee Attorney at Law 
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