2018 KCOPA REPORT Korea Copyright Protection Agency 2018 Issued Month : Jan, 2019 Publisher : Tae-yong, Yoon Editor : Dae-oh, Kang Publishing Organization : Korea KCOPA REPORT CONTENTS Copyright Protection Agency Planning and Production : Research Team(Tel .+82-2-3153-2474) Address : 4F, 9F, 10F, 400, World Cup buk-ro, Mapo-gu, Seoul, Korea 03925 Web Sites : http://www.kcopa.or.kr C STORY Live Scene of KCOPA Column meets Icons Copyright Protection KCOPA in Depth 08 ‌Copyright Violations in Personal 22 Park Sung-ho 30 ‌Sharing Experience and Knowledge on 54 ‌Learning the value and Broadcasting and How to Tackle Them ‌Chairman, Copyright Protection Copyright Protection significance of copyright Deliberation Committee (KCOPA) 12 ‌Blocking Access to 34 ‌Global Cooperation for 58 ‌Digital Forensics Team: ‌Foreign-based Webtoon Piracy Sites and Stronger Copyright Protection CSI Seizing Digital Pirates their Effects: Insights from Statistics 38 ‌Reporters to raise copyrightconsciousness 62 ‌KCOPA: The Center of 16 ‌Video Content Protection through various content Copyright Protection Technology through AI Technology 42 ‌Learning the value and 66 ‌Stronger Regulations Against Illegal significance of copyright Content on Communications Networks 45 ‌Eradicating Foreign-based Webtoon Piracy 70 ‌Standing at the frontier of Websites and the Future of copyright protection Korea’s Webtoon Industry Korea Copyright Protection Agency 48 ‌Blockchain: The Future of Copyright Technology - Take counter-measures for online illegal reproductions including - Copyright protection technology R&D deliberation, elimination, corrective recommendation, etc. - Support investigation for copyright infringement - Research infringement status and draw statistics - Certifying the Copyright OK - Status inspection for SW usage in public institutions KCOPA Column 08 12 16 KOCPA REPORT_KCOPA Column Copyright Violations in Blocking Access to Video Content Protection Personal Broadcasting and Foreign-based Webtoon Piracy Sites and through AI Technology How to Tackle Them their Effects: Insights from Statistics 2018 KCOPA REPORT 8 9 KCOPA COLUMN 2018 KCOPA The concept and content of personal broadcasting REPORT Copyright Violations in The coupling of recent technological advances and ready availability of the Internet is creating a passion for personal broadcasting, which utilizes Internet platforms such as Youtube, AfreecaTV, Daum TVpot, Naver V LIVE, Personal Broadcasting and and Pandora TV. Internet personal broadcasting still doesn’t have a settled definition. In many cases, however, 1) How to Tackle Them it is understood as producing, by one or multiple presenters (BJs) , a variety of content covering diverse subjects including sports, music, films, games, fun talks, education or as producing separate broadcast shows Recently, an increasing number of people (dubbed “BJs”) are broadcasting personally through Internet platforms such as utilizing already existing content, and then providing them online to multiple Internet users, free or paid, in Youtube, AfreecaTV, Daum TVpot, Naver V LIVE, and Pandora TV. Their shows are protected by copyright laws, but some streaming or in VOD forms. BJs unwittingly violate someone else’s copyrights. This article will look into copyright infringement cases in proliferating Internet personal broadcasting consists of transmission of videos by BJs through the servers of Internet personal broadcasting activities and also into regulations and countermeasures against them. broadcasting platform providers and reception of them by viewers. BJs take full responsibility for the whole written by Jeon Se-jun I Leading Lawyer, Law Firm Jeha process of broadcasting, including planning, presenting and producing. Therefore, the shows created by BJs, providing that they satisfy the conditions stipulated in the Copyright Act, constitute “works” protected by the law, and the BJs enjoy the rights that the law bestows on copyright holders. For this reason, when someone says a particular BJ has violated the Copyright Act, it basically means he or she infringed upon other people’s copyrights in producing their broadcast shows, and Internet broadcasting platform providers cannot be held accountable for the breach of the Copyright Act, unless there are special circumstances such as conspiracies or wittingly aiding and abetting. This article will provide an overview of copyright infringement cases that occurred in the field of personal broadcasting, which is gaining increasing popularity. Copyright violations spawning from the proliferation of personal broadcasting When BJs unwittingly violate copyrights in producing their shows or copyright holders are unaware of violations on their rights committed by BJs, it can be treated as if there were no such infringements even though they actually did occur. To prevent such situations, some Internet broadcasting platform providers, for example AfreecaTV, have tried from several years ago to proactively tackle copyright issues by signing copyright license contracts with Recording Industry Association of Korea or broadcasting companies. The contracts help protect copyrights typically by stipulating that BJs who are reliant on AfreecaTV platforms for transmission can utilize music or video content in their shows without individually getting permissions from copyright holders of those content, and then AfreecaTV pays the copyright owners for the use of their content. The scheme, however, does not completely preclude the possibility of BJs infringing upon someone else’s copyrights, because Internet broadcasting platform providers cannot enter into such contracts with every copyright owner that could be relevant. Take, for example, personal broadcasts showing BJs playing games (“game shows”). Game shows make up a 1) ‌These presenters are generally called “BJs (short for Broadcasting Jockeys)”, who are in charge of almost every aspect of the shows such as planning, producing, shooting and presenting. 2018 KCOPA REPORT 10 11 KCOPA COLUMN 2018 KCOPA large portion of the entire BJ productions, and they earn BJs and the related Internet broadcasting platform BJs’ show content has been illegally exploited by someone else, calculating the damages of the violations is REPORT providers considerable amounts of money. The BJs are highly likely to be judged to have violated the right of difficult, and the BJs taking the cases to court is a practical impossibility. public transmission bestowed on copyright holders by the Copyright Act, because many of game show BJs My experience of handling copyright trials as an attorney in court tells me that even the best copyright laws don’t bother to get permissions from game producers. cannot produce effective solutions if investigation agencies or the courts keep slapping violators on the Another category of cases where BJs violate copyrights occur when they broadcast their reviews on films or wrist. In most criminal cases regarding copyright infringements, violators who allegedly inflicted hundreds put their voices in them. These occasions also are likely to have infringed upon copyright because they are of thousand dollars’ worth of damages are sentenced to only thousands of dollars in fine. In civil cases, unlikely to constitute the cases where copyright can be legally constrained as provided by the Copyright Act, despite the damage estimation clause in the Copyright Act for the benefit of victims who are burdened with 4) and many of the BJs do not acquire consents from copyright holders for the movies. proving his/her economic losses, satisfying the conditions for the provision to be applied can be prohibitively Last year, AfreecaTV paid hundreds of thousand dollars in copyright fees for the right to broadcast live U-20 difficult, consequently the court determines the amount World Cup Games, and a BJ who mainly uses Youtube for transmission secretly broadcast the soccer games of damages in its discretion according to Article 126 of the 2) on a Youtube channel, attracting criticism . The problem here is that such violations can repeat themselves Copyright infringements will not Copyright Act. The damages acknowledged by the court, through freshly created accounts even after the Internet platform provider takes actions against the offenders, disappear unless violators are however, are not sufficiently big, which gives potential for example, by suspending the use of the trespassing accounts. forced to think they will be hit violators an incentive to go about making money without Apart from the cases described above, a considerable increase is expected for cases where BJs, deliberately hard for their actions, which makes considering copyright issues, thinking that going to court or negligently, violate copyright in their shows, with the prospect of personal broadcasting becoming more it imperative for investigative for a copyright violation wouldn’t be that expensive. and more popular and of Internet platform providers proliferating that enable easier show production. agencies and courts to punish Copyright infringements will not disappear unless violators Furthermore, there will be increasing infringements upon BJs’ copyright by third parties. In such cases, the copyright violations more severely. are forced to think they will be hit hard for their actions, BJs will find it hard to act individually against those violations, which is likely to make such violations more which makes it imperative for investigative agencies and frequent. courts to punish copyright violations more severely.