'Extraordinary Attorney Woo' writer loses appeal over Netflix-related fees

The writer of 2022's hit cable series "Extraordinary Attorney Woo" has lost an appeal over additional pay tied to the show's Netflix release, and industry officials say the ruling reflects a broader gray area in how older contracts are received in the streaming era.

The writer had filed suit against the show's production company Astory, seeking secondary usage fees tied to the show's streaming release.

According to the writer, the October 2019 scriptwriting contract with Astory was premised on traditional television broadcasting, and that the subsequent sale of streaming rights to Netflix in 2021 constituted a separate, secondary use of the work. On that basis, the writer sought additional fees, along with damages for delayed payment.

The Seoul Western District Court rejected those claims in its initial ruling last year, finding that the contract did not limit distribution to a specific medium. The court noted that by late 2019, streaming had already become a standard distribution channel alongside linear broadcasting, making it reasonable to interpret the agreement as covering both.

An appeal was filed, and on Wednesday, the appellate court upheld the lower court’s decision and dismissed the claim. The ruling stated that references to "broadcasting" within certain clauses did not preclude broader forms of transmission, including streaming.

It also pointed to surrounding circumstances, including the writer's lack of objection at the time of the Netflix deal, prior discussions about developing the project as a Netflix original, and subsequent contract negotiations, as evidence that the agreement was not intended to be limited to television alone.

The ruling underscores an ongoing gray area in the industry as it continues to reconcile legacy contract frameworks with the rapid rise of streaming platforms.

"One interesting question the lawsuit raised was how to define streaming platforms, whether they are an extension of traditional broadcasting or a distinct distribution channel," a media industry official said, on condition of anonymity.

"In the Korean media industry, it remains a point of contention among creators, particularly given how quickly streaming has grown into a dominant force, outpacing conventional television in many respects. Legal frameworks around the issue are still taking shape, and with streaming growing rapidly, it's essential to establish clear rules quickly to prevent further confusion and disputes," she added.

"Extraordinary Attorney Woo" aired on cable network ENA from June through August 2022, growing from a 0.9 percent premiere rating to a 17.5 percent finale, and becoming a breakout hit domestically. The series also gained global traction on Netflix, topping the platform's global non-English TV rankings within a month of release.