CONTENTS
- 1. Copyright | Definition
- - Copyright in the Entertainment Industry
- - Copyright in the Sports Industry
- - Copyright | Growing Demand for Legal Advisory
- 2. Copyright | Types
- 3. Copyright | Copyright Risks That May Arise in the Entertainment Industry
- - Methods of Preventing Risk
- 4. Copyright | Copyright Risks in the Sports Industry
- - Methods of Preventing Risk
- 5. Copyright | Responses When Infringement Occurs
- - Corporate Checklist for Preventing Copyright Risk
1. Copyright | Definition
Copyright is the legal right that a creator holds over the work they have created, and it covers a broad range of expressed creative works, including literature, music, video, theater, art, broadcasting, games, and sports broadcasts.
It remains protected for 70 years even after the creator's death, and this right is exercised divided into the right of reproduction, the right of performance, the right of broadcasting, the right of transmission, and the right to produce derivative works.
In particular, the entertainment industry (for example, music records, dramas, films, and variety shows) generates revenue through mass content, and the sports industry (for example, match footage, cheering songs, and player images) also creates added value through broadcasting rights and the use of derivative works, so copyright management is directly connected to a company's core strategy for protecting its key assets.
Copyright in the Entertainment Industry
🔗Entertainment In the industry, copyright can be said to be an essential safeguard for various creative works such as films, music, broadcasting, and performances.
The original creator or producer of a work holds, through copyright, the right to commercially use their work, and can exclusively manage the revenue generated from it.
In the entertainment field in particular, legal disputes related to copyright contracts, licensing, and copyright infringement arise frequently, so accurately managing and protecting the rights to creative works is important.
In addition, as the distribution of content on digital platforms increases, legal responses to copyright issues that may arise in environments such as online streaming services and downloads are also essential.
Copyright in the Sports Industry
🔗Sports Industry Copyright also plays an important role in this field.
Sports content (match footage, photographs, team logos, and the like) is protected by copyright, and copyright contracts and management are necessary in using it commercially.
Copyright applies in various fields such as sports broadcasting, highlight footage, and the production of team merchandise, and copyright infringement issues can also frequently arise.
In particular, because the legal issues arising in the distribution of sports broadcasting rights and match-related content are complex, legal advisory on various copyright contracts and dispute resolution is important.
As the digitalization and globalization of sports-related content accelerate, copyright protection and management tailored to the laws of various countries are necessary.
Copyright | Growing Demand for Legal Advisory
Copyright includes portions that can be assigned, so an assignment contract may be entered into, and once a contract is concluded, it is very difficult to revise or cancel it again.
Therefore, a copyright contract must be concluded very carefully each time it is entered into.
In addition, social changes surrounding copyright are taking place rapidly, and recently, copyright issues have arisen concerning creative works produced using new technologies such as AI.
In response, a deep understanding of the Copyright Act and the need for legal advisory on copyright-related disputes are being emphasized.
Accordingly, it is advisable to proceed with the help of an attorney experienced in this area, from the copyright registration process through the resolution of disputes over copyright infringement.
2. Copyright | Types
The following are the main types of copyright that should be treated as important in the entertainment and sports industries, with explanations.
Type of Copyright | Description | Examples of Industry Application |
|---|---|---|
Right of Reproduction | The right to copy or print a work identically | Reproduction of music records, production of recordings of match broadcast footage |
Right of Performance | The right to publicly stage, play, or perform a work | Concerts, theater, and use of sports cheering songs |
Right of Public Transmission | The right to deliver a work through broadcasting, the internet, streaming, and the like | Dramas on OTT platforms, live sports broadcasts |
Right of Exhibition | The right to exhibit works such as art and photographs in public places | Photo exhibitions, advertising content inside stadiums |
Right of Distribution | The right to transfer or lend the original or a copy of a work | DVD sales, distribution of game software |
Right to Produce Derivative Works | The right to transform an existing work to create a new creative work | Remix music, highlight footage, meme content |
Right of Digital Transmission | The right to transmit a work in a digital manner | Music streaming, sharing of sports match clips on social media |
Right of Simultaneous Transmission | The right to transmit the same work to multiple platforms at the same time | TV live broadcast + YouTube streaming |
Author's Moral Rights | The right to protect the creator's personal interests, such as attribution of name and maintenance of integrity of the work | Crediting the director, requests to prohibit editing, and the like |
3. Copyright | Copyright Risks That May Arise in the Entertainment Industry
In the entertainment industry, copyright infringement lawsuits and disputes arising from a failure to secure rights occur very frequently.
In particular, the following types of risk exist.
▶Failure to Conclude a Contract or Incomplete Contracts
If the contracts concluded with idol groups, actors, composers, and the like do not specify matters such as the attribution of copyright, the author's moral rights, and the right to produce derivative works, this can later lead to disputes over rights.
▶Unclear Attribution of Rights in Co-Productions
In co-produced works such as dramas and variety shows, if the allocation of rights among the production company, the writers, and the broadcaster is not clear, the company may become embroiled in infringement lawsuits when retransmitting or exporting through OTT.
▶Unauthorized Use of Social Media Content and Fan Content
If derivative works created by fans are used as official content or for promotion without the permission of the original author, the company may conversely bear legal liability.
▶Unauthorized Use of Background Music (BGM) and Sampling
Even a short piece of music is regarded as copyright infringement when used without authorization, and where it is inserted into a music platform or advertising content, it can lead to claims for damages in the tens of millions of won.
Methods of Preventing Risk
To prevent legal risks from arising in the entertainment industry, the following preventive measures should be taken.
▶Concluding clear contracts that include conditions on the attribution of copyright
▶Setting clauses that include the right to produce derivative works and the right to use works for promotion
▶Specifying a fan content policy (operating guidelines)
▶Introducing copyright management solutions and checking in advance with the music copyright association
4. Copyright | Copyright Risks in the Sports Industry
The sports industry involves complex interests surrounding the copyright of match content.
In particular, the following types of risk exist.
▶Copyrightability of Broadcasting Rights and Disputes Over Rights
A sports match may be difficult to regard as a 'work,' but broadcast footage, edited replay footage, and the like may be protected as works, so disputes over rights may arise among broadcasters, associations, and clubs.
▶Failure to Secure the Rights to Use Cheering Songs, Team Logos, and Mascots
Cheering songs, cheering videos, club characters, and the like may have separate copyright holders, and using them in commercial content may be regarded as infringement without the rights holder's consent.
▶Issues With Player Portrait Rights and the Use of Match Footage
If a player's gameplay footage or interview clips are used in brand advertising, or used in edited YouTube highlight footage, there is a concern over dual infringement of portrait rights and video copyright.
Methods of Preventing Risk
To prevent legal risks from arising in the sports industry, the following preventive measures should be taken.
▶Concluding contracts to secure the rights to broadcasting and highlight footage
▶Reviewing in advance whether copyright and trademark rights for logos and cheering songs have been registered
▶Securing consent forms for the use of players' individual portrait rights
▶Clarifying the rights to use music, subtitles, and images when producing video
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5. Copyright | Responses When Infringement Occurs
If copyright infringement is suspected or a third party has infringed upon the rights, a company should activate a prompt response system.
① Confirming the Infringement and Gathering Evidence
Secure materials that can establish whether the work is registered, the creation date of the original work, and the timing and manner of the infringing act. Screen captures, timestamps, and database registration records may be needed.
② Sending a Cease-and-Desist Letter or Attempting Negotiation
The company may demand that the other party stop the infringement through a cease-and-desist letter or a certified content document, and may attempt to resolve the matter before a legal dispute arises. In this case, preparing the document through legal counsel is important.
③ Applying for Mediation by the Copyright Commission or Filing Civil or Criminal Proceedings
If mediation fails, the company may use the mediation system of the Copyright Commission or file a civil suit with the copyright division of the Seoul Central District Court, and a criminal complaint (violation of the Copyright Act) may also be pursued in parallel.
④ Requesting Platform Takedown
Online platforms such as YouTube, TikTok, and Instagram have their own copyright reporting systems, so a request to block the content may be made in urgent cases.
Corporate Checklist for Preventing Copyright Risk
Item | Review Content | Checked (✓/✗) |
|---|---|---|
Copyright Agreement | Copyright ownership is clearly contracted for all creative works |
|
Use of Video and Audio | Usage rights are secured when using commercial audio, video, or images |
|
Rights in Joint Production | A rights-allocation agreement exists for jointly produced works |
|
Use of SNS Fan Content | Permission is obtained and guidelines are maintained when using fan content |
|
Securing Portrait Rights | Consent forms for using the portrait rights of artists and athletes are secured |
|
Risk Manual | A copyright infringement response manual and a legal advisory system are maintained |
|
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