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Can I proceed with a copyright complaint?

I work as a video editor, and I recently discovered an account that was uploading videos I edited to another platform without authorization. The video did not carry my name or a copyright notice and used my original edit as is. I would like to know whether a copyright complaint is possible even in such a case, and what procedures and evidence are required.

Answer to Related Inquiry

Author: 고병준

The situation you described is a case of the unauthorized use of video content, which is a creative work protected under the Copyright Act, so a copyright complaint is possible.

A person who uses a work and violates the obligation to indicate the source (「Copyright Act」 Article 37) is subject to a fine of up to 5 million won (「Copyright Act」 Article 138 (2)).

In addition, a person who infringes a work, such as a video, by reproducing, performing, broadcasting, exhibiting, transmitting, distributing, or creating a derivative work can be subject to a criminal complaint for the offense of infringement of rights under 「Copyright Act」 Article 136.

Accordingly, the infringer is subject to imprisonment with labor for up to 5 years or a fine of up to 50 million won.

However, to proceed with a copyright complaint, you must first secure materials that can prove your copyright.

For example, if you prepare the original video file, editing logs, and a record of the production date and the like, they can be used as evidence.

In addition, you should also secure the URL of the platform where the other party posted the video, screenshots, and downloadable files, and it is advisable to collect as many materials as possible.

Because the procedure for a copyright complaint can be somewhat complex and the requirements for submitting evidence can be demanding, it is safer to proceed with the help of an experienced entertainment attorney.

If you handle everything together through an entertainment attorney, from drafting the complaint, organizing the evidence, to requesting that the platform block the content, you will be able to protect your rights more reliably.