Copyright Attorney Advisory | An Attorney Who Advised on a Hospital's Copyright Dispute

The client had invested considerable resources into producing YouTube videos, columns, and similar content to promote the hospital being operated.

The videos featured a number of medical staff affiliated with the hospital, and the columns were also produced together with the medical staff.

The client explained that each time a participating member of the medical staff left the hospital, they deleted the relevant YouTube videos out of concern that they might cause problems.

The client then learned that one former employee had taken a video in which that person appeared without authorization and was using it for promotional purposes at another hospital.

The client therefore asked a copyright attorney for legal advice in order to find a legal solution to the copyright and usage rights issues concerning this material.

Copyright refers to the rights that a creator holds in the creator's own work.

It applies to a variety of works, including literature, music, art, film, and software, and it exclusively guarantees the creator the right to reproduce, distribute, publish, or modify the creator's work.

Copyright arises automatically when a creator creates the material, but in order to be legally recognized as a work, it must have originality and novelty.

The fact that a hospital paid to produce content does not mean that the hospital automatically holds the copyright, and a contract or internal agreement concerning the creation of the material is necessary.

For material in which a departed member of the medical staff participated, whether the copyright belongs to one party or another may differ depending on the character of the work and the circumstances of its creation.

If your situation is similar to the client's, consulting an attorney with experience in copyright matters can be helpful.

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The copyright attorney first carefully reviewed whether the YouTube videos, columns, and similar content produced by the hospital could be protected as works.

Under the Copyright Act, in order to be recognized as a work, the material must have originality and novelty, and the mere fact that the hospital provided the production costs does not mean that the copyright automatically belongs to the hospital.

A contract between the hospital and the medical staff or a clear agreement concerning works made in the course of employment is necessary, and whether the copyright belongs to one party or another may differ depending on the circumstances.

The attorney also explained that whether the material constitutes an original creative expression is an important factor, and that only by examining the specific content of the videos or columns can it be determined whether the material qualifies as a work.

The copyright attorney clearly stated that copyright infringement may occur if a departed member of the medical staff uses the material for promotional purposes at another hospital.

In response, the attorney first proposed that the hospital send a cease-and-desist letter to the relevant member of the medical staff regarding the unauthorized use of the work in order to prevent copyright infringement.

Through the letter, the departed member of the medical staff could be informed of the legal liability for copyright infringement, allowing potential future legal disputes to be prevented in advance.

The attorney also recommended that, to prevent similar situations from arising in the future, the hospital prepare a contract clearly setting out the copyright and usage rights for all produced material, and establish legal procedures that can clearly assign copyright.

Legal disputes related to copyright can have a significant impact on a hospital's image and growth.

At Daeryun Law Firm, a copyright attorney who also holds a patent attorney qualification draws on years of experience in the field of copyright to protect clients' interests and to help minimize legal risk.

If you need legal advice on a copyright matter, please use 🔗Legal Consultation Booking to entrust your case.