On February 10, Seoul Central District Court ruled that Mr. Jin-Young Park, one of the most influential music producers and composers, 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 companies(Gi-Huek-Sa). He has produced numerous albums for famous K-Pop artists with great successes including, but not limited to, Rain, G.O.D and Wonder Girls.
The plaintiff Mr. Shin-Il Kim, a K-Pop composer, had filed a lawsuit against Mr. 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.
It was reported that the judge recommended a settlement to the parties before issuing the ruling, but the both parties objected to it. And finally the court sided with the plaintiff. The Court found that four bars from the chorus of the defendant’s song is substantially similar to that of the 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 is established when the defendant had access to the copyrighted work of the plaintiff and there exists a substantial similarity between the two works. With regard to the first element, (more…)
There have been an increasing conflict between the free expression and the copyright protection in relation to the matter 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 29-second YouTube video clip of a toddler dancing to Prince’s “Let’s Go Crazy”. In that case, the copyright holder to the Prince’s song alleged the YouTube video clip explicitly infringed the song’s copyright.
Almost the identical 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” – what a coincident that two cases even had very similar song titles, “Let’s Go Crazw” and “Crazy”. Just soon after the video clip was uploaded, it 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 without permission. Then the father filed both a declaratory lawsuit claiming that uploading the video did not constitute a copyright infringement and a monetary compensation lawsuit for mental distress which he suffered from the unjust 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 (more…)
A 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 (more…)