Our attorney, Wonil Chung, Esq. was invited to speak on the entertainment law practice at the 20th Annual Conference of International Association of Korean Lawyers (IAKL), which was held from September 13 to 16, 2012.
At the conference session titled “Entertainment Law Practice”, Mr. Chung gave an English presentation in front of U.S. and Korean licensed lawyers and law school students on the various legal issues arising out of the Korean music business, so-called “K-POP” and introduced recent high-profile litigations involving famous K-POP artists such as TVXQ, KARA and big management companies such as SM Entertainment. He also provided comparative analysis between the laws of South Korean and the U.S.
Mr. Wonil Chung, a Korean licensed lawyer, has extensive experience in advising and representing Korean and non-Korean clients on various issues involving Korean laws such as intellectual property, (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…)