《Lee Min-kyung's Siren》
Lee Min-kyung from TenAsia sounds the alarm on the rapidly evolving entertainment industry, highlighting unseen issues and alerting to threats and changes surrounding the entertainment world.
Amid allegations that singer G-Dragon and former YG Entertainment CEO Yang Hyun-suk violated copyright law, legal experts believe the likelihood of them facing legal penalties is slim.
On the 13th, G-Dragon and Yang were accused of violating copyright law during the release of G-Dragon's 2010 concert live album 'Shine A Light.' The issue arose from a mashup track titled 'My Age Thirteen + Storm + Gentleman + G-Dragon.' Composer A claims that the original title of the first track, 'My Age Thirteen,' was 'G-Dragon,' and that the title was changed without the original creator's consent, and the track was reproduced without permission.
YG Entertainment explained that the title was changed to 'My Age Thirteen,' the first line of the lyrics, to reduce listener confusion, as it was mashed up with a completely different song, 'G-Dragon.' It remains unclear whether any agreement was reached with composer A or other original creators during this process.
Legal experts argue that A's claim of unauthorized reproduction of the track by G-Dragon and YG Entertainment is not legally valid. 'Unauthorized reproduction' refers to the infringement of 'copyright property rights,' which includes royalties managed by the Korea Music Copyright Association. Changing a song's title does not constitute an infringement of copyright property rights.
However, if YG Entertainment changed the song's title without the original creator's consent, they could be accused of infringing the creator's 'moral rights.' Specifically, they could be criticized for violating the 'right of integrity,' which is part of the moral rights protected under copyright law. The right of integrity ensures that the content and form of a work, such as its title, cannot be altered without the creator's consent.
An industry insider stated, "To release a song with a changed title, the original creator's approval is essential, as moral rights are the creator's inalienable rights."
Legal experts predict that the chances of YG Entertainment and G-Dragon facing legal penalties for copyright law violations are slim. For them to be penalized, there must be an infringement that damages the creator's honor, which seems difficult to prove.
Jang Sung-soo, a lawyer at The All Law Firm, stated, "Protecting moral rights ultimately aims to safeguard the creator's interests. In this case, the reason for changing the song title does not appear to be to harm the creator's honor or moral rights, and it seems unlikely that any infringement will occur in the future." He added, "Even if it goes to civil court, proving the extent of the damage caused to the copyright holder by the title change is very challenging, making it difficult for any damages to be awarded."
According to a report on the 12th, composer A filed a lawsuit against G-Dragon, Yang, and Choi, the CEO of YG's subsidiary YG Plus, in November last year, raising these allegations. The report also stated that the Seoul Mapo Police Station recently conducted a search and seizure at YG Entertainment's office.
In response, YG Entertainment stated, "A's claim that G-Dragon and YG illegally reproduced the track is not true."
Lee Min-kyung, TenAsia Reporter 2min_ror@tenasia.co.kr