Seoul Court Ruled Jin-Young Park, Famous Korean Music Composer and Producer, Is Guilty of Plagiarism – Korean Copyright Law on Music Plagiarism and Copyright Infringement

February 11, 2012

On February 10, Seoul Central District Court ruled that Jin-Young Park, one of the most influential music producer and composer, had plagiarized another Korean composer’s song.  The defendant Mr. Park is well-known as the co-owner of JYP Entertainment, one of the top Korean music production company(Gi-Huek-Sa).  He had produced numerous albums for famous K-Pop artists including, but not limited to, Rain, G.O.D, Wonder Girls.

The plaintiff Shin-Il Kim, a K-Pop composer, had filed a lawsuit against Jin-Young Park on July 2011, claiming Mr. Park’s song titled “Someday”, sung by IU, had infringed his song titled “To My Man” and he is entitled to a compensation of approximately 90,000USD.

The Court found that four bars from the chorus of defendant’s song is substantially similar to that of plaintiff’s song which constitutes a copyright infringement and ordered the defendant to pay approximately 20,000USD to the plaintiff as a remedy.

Under Korean copyright law, a claim for plagiarism and copyright infringement will lie when the defendant had an access to the copyrighted work of plaintiff and there exists a substantial similarity between the two works.  With regard to the first element, Read the rest of this entry »


Seoul Court Ruled Uploading a 15-Second Video of Toddler’s Dancing to a Famous Singer’s Song Is Not a Copyright Infringement and the Copyright Holder Who Sent an Unfair Take Down Notice Should Pay a Monetary Compensation

October 5, 2010

There have been increasing conflicts between the free expression and the copyright arising out of a UCC, a user-created content, posted on the internet site.  For example, in the United States, there was a legal dispute concerning a woman’s 29-second YouTube video of her toddler dancing to Prince’s “Let’s Go Crazy”. Copyright holder to the Prince’s song alleged the video infringed the song’s copyright.

Almost the same lawsuit had been filed in South Korea. In Korea, a father uploaded to his blog operated by Naver, the largest internet portal site, a video capturing his 5 year-old daughter singing and dancing to a famous Korean female singer(Dambi Sohn)’s song, titled “Crazy”. But the video was taken down by the portal site operator upon a request from the copyright holder to the song alleging the video is a copyright infringement as it was used the song without permission. Then the father filed both a declaratory lawsuit that uploading the video did not constitute a copyright infringement and a monetary compensation lawsuit for mental damages which he suffered from the take down of the video he’d made.

On February 18, 2010, the Seoul Southern District Court sided with the father. The court ruled that uploading a video at issue did not constitute a copyright infringement because it fell within the scope of “the quotation from works made public” under Article 28 of the Copyright Act, which Read the rest of this entry »


Court Ruled Starbucks Korea Free to Play Copyrighted Music in Its Outlets without Paying Royalties

May 5, 2009

eab7b8eba6bc-8A few days ago, Seoul Central Court ruled in favor of Starbucks Korea in a copyright lawsuit filed by the Korea Music Copyright Association alleging the Starbucks Korea should pay royalties in playing copyrighted music in its outlets.  I wrote some posts regarding this issue here and here.  The legal issue was whether playing copyrighted music substitutes a mail business of Starbucks Korea.  That is because Read the rest of this entry »


Follow

Get every new post delivered to your Inbox.