Copy vs Genre similarity… “There is no such thing as 100% creativity”

While Min Hee-jin, CEO of Ador, a label under Hybe, cites Group Illit's plagiarism issue with Group New Genes as the reason for the management dispute with the parent company, the backlash from industry officials is unusual. It is pointed out that complete originality can exist in the K-pop industry.

CEO Min's claim that Illit is an 'imitator' copying New Genes is not gaining sympathy from industry officials.

Since no result was created without any reference in the field of art, the official said that although suspicion of similarity can be raised, one cannot harshly criticize the other group by claiming copying. The copy that CEO Min refers to is commonly accepted as ‘genre similarity’ or a trend in the industry.

Kim Do-Heon, a pop culture critic, said, "The issue of copying between groups was only brought to light when CEO Min raised the topic, and it was never pointed out within the existing industry." He continued, "Although the media is referring to the copying issue as 'an evil practice that has continued from the past.' “In popular music, complete creation does not exist in the first place,” he analyzed.

He continued, "The group Cykers is influenced by the group Ateez, and the group Boy Next Door is influenced by producer Zico, so they have significant similarities, but no copy issues have been raised. In particular, New Jeans has left a great mark on the music industry. “It is indeed difficult not to be affected,” he explained, giving an example.

He also commented, "It is true that CEO Min Hee-jin created New Jeans with her sense, but Aylet also attracted the support of the public with their own sense."

The legal community also judged that CEO Min's claim that Aylit copied New Genes lacked validity. From a judicial perspective, it is difficult to grant copyright to an artist's concept.

Lee Yong, a representative lawyer at YH&CO, explained, "In order to judge plagiarism, copyright must be prerequisite," adding, "Domestic copyright law only protects explicit expressions, and ideas are not recognized as copyright."

He then explained, “Concepts such as ‘refreshing’ and ‘dreamy’ are ideas that have not been expressed, so they do not have copyright properties, but New Jeans’ clothes and hair that are expressed may have copyright properties.”

At the same time, he said, "In order to be recognized for copyright, it must be proven that the hair and costumes being presented are New Jeans' unique concept, but isn't there usually a reference to popular culture? Personally, I think it will be difficult for it to be recognized as copyrighted work." revealed.

In the process of producing new content based on existing content, similarity is an inevitable result. From this perspective, CEO Min's argument can lead to a logical leap that all the countless contents released according to trends are copies of other contents. It seems undesirable to hastily conclude and criticize Illit as a copy of New Genes when neither the sympathy of industry insiders nor the legal basis can be obtained.

Lee Min-kyung, Ten Asia Reporter 2min_ror@tenasia.co.kr