A while ago, I posted an article, titled “Starbucks Korea Sued for Music Copyright Infringement“. Under Copyright Act of Korea, “it is permitted to play any commercial phonograms or cinematographic works in public if no benefit in turn for the relevant public performance is received from the audience or spectators”. However this shall not be applied to all the business place. The Copyright Act does not apply this clause to certain areas of business, such as department stores, shopping malls, airplanes, golf courses and “any places of business regulated under Food Sanitation Act(FSA) where a part of its main contents of business is the appreciation of musical or cinematographic works, being equipped with special facilities to appreciate the musical or cinematographic works”.
The Starbucks coffee shop is regulated under FSA. The party alleging copyright infringement is arguing “‘appreciation of musical works’ is a part of main business of Starbucks Korea”, but the Starbucks Korea contended “It is Not”. This is a short brief of this lawsuit.
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Is it ok then to do YouTube covers?
Burning a cd for a personal & private, non-commercial, use does not constitute a copyright infringement. So-called “fair use” doctrine is being recognized in the Korean Copyright Act.
My question has nothing to do with Starbucks or playing copyrighted music in public, I got a bunch of burned Korean music from a friend and liking to obey the law I am just curious what the laws are for sharing copyrighted music through burned cds, NOT ONLINE.
Hello Jeffrey. The Korean Copyright Act says it as such.
In your article concerning the Starbucks Korea case, can you please let me know your authority for saying that “this shall not be applied to all the business place. The Copyright Act does not apply this clause to certian areas of business, such as department stores, shopping malls,…”
thank you,