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  • BTeacher
  • Expert Waygook

    • 756

    • May 26, 2012, 07:21:01 am
Korean TV & Copyright Law
« on: October 30, 2015, 03:01:33 pm »
I saw a half hour Korean TV program about a guy slurping a bowl of noodles in which they used approximately 12,000 audio clips from various movies, TV shows, songs, and games.

Can anyone tell me how this is possible without breaking loads of copyright laws? There is no way that these networks are asking/getting permission/paying for the right to use all of this material. Is perusing international copyright violations on a massive level just not worth the effort, or are they not violating any copyright laws as long as the clips are limited to a certain length?


Re: Korean TV & Copyright Law
« Reply #1 on: October 30, 2015, 03:15:46 pm »
When I look at the cars over here, and listen to the radio (while in the taxi) ripping audio clips, especially Hans Zimmer, I wonder the same thing.
I really don't know how they get away with it. If I had to guess, I'd say those programs, like the cars, are broadcasted/sold exclusively in the domestic market. The laws are probably fashioned the same way China's laws are, making it near impossible for international artists or labels to sue them for copyright infringement.


  • Savant
  • The Legend

    • 2639

    • April 07, 2012, 11:35:31 pm
Re: Korean TV & Copyright Law
« Reply #2 on: October 30, 2015, 03:28:19 pm »
Every Korean entertainment or variety show does it. There must be like an army of underpaid sound effects guys whose job it is to add all these sound bites every 3 seconds. No wonder these shows are formulaic and repetitive because they just recycle the same old tunes. Scary moment - X-Files theme, sudden surprise - sound bite from Metal Gear Solid or Kill Bill.


  • zola
  • The Legend

    • 2917

    • September 30, 2012, 06:56:11 am
    • Korea
Re: Korean TV & Copyright Law
« Reply #3 on: October 30, 2015, 04:18:00 pm »
I've heard some completely unexpected music in that Running Man shitshow. 5 seconds of Slayer's Angel of Death. Some Boards of Canada. Kurt Angle's WWE theme music from 2001. I think we can rest assured that they wouldn't be paying a cent to anyone.
Kpip! - Martin 2018


Re: Korean TV & Copyright Law
« Reply #4 on: October 30, 2015, 09:17:53 pm »
In the UK the BBc has an agreement with certain companies that ives them the ability to use any music in the archives managed by said companies.  This means that they pay a fee per year and can use any music to play in any programme they make.

http://www.bbc.co.uk/commissioning/tv/production/articles/archive-rights-clearances

Maybe Korean TV stations have similar agreements.


  • Fanwarrior
  • Hero of Waygookistan

    • 1084

    • June 06, 2011, 09:19:35 pm
    • Seoul, South Korea
Re: Korean TV & Copyright Law
« Reply #5 on: October 30, 2015, 10:26:50 pm »
You'll sometimes see them make the joke in the American media when they use a song or something like that and cut it short "Any longer and we'd have to pay for it!" i don't know how much of that is actually true, but often the Korean shows use a kick sound bit/clip/audio burst and not full length stuff. That may fall under use that doesn't really require licensing. i do sometimes here them run a theme or something in the background of a scene, but it usually very background. I'm not sure how that plays in to it.



  • Mr C
  • The Legend

    • 2608

    • October 17, 2012, 03:00:40 pm
    • Seoul
Re: Korean TV & Copyright Law
« Reply #6 on: October 31, 2015, 02:01:41 pm »
Korea is a signatory of the Berne Convention, and its copyright law is largely based on the American model, though period of protection may be different.  Korea has a copyright commission which investigates infringement.

As sligo pointed out above, most media companies license usage from managers like BMI and ASCAP and pay a contracted fee rather than a per use one.

If someone is using copyright material improperly they face consequences from nothing to large settlements or even criminal prosecution if they are caught.

But, as is true in the rest of the world, the value of a copyright (or a trademark) in reality depends on its owner's willingness to defend it. 


  • pkjh
  • The Legend

    • 2065

    • May 02, 2012, 02:59:44 pm
    • Asia
Re: Korean TV & Copyright Law
« Reply #7 on: October 31, 2015, 05:13:51 pm »
"Any longer and we'd have to pay for it!"
I think length maybe a determining factor. The 'Happy Birthday' song is copyrighted too, and you'll almost never ever hear it in it's full-length in a movie. Go ahead and prove me wrong on this. It's impossible to find it done completely in any money making media.


  • Mister Tim
  • Hero of Waygookistan

    • 1806

    • September 08, 2013, 10:33:54 am
    • SK
Re: Korean TV & Copyright Law
« Reply #8 on: October 31, 2015, 05:18:35 pm »

I think length maybe a determining factor. The 'Happy Birthday' song is copyrighted too, and you'll almost never ever hear it in it's full-length in a movie. Go ahead and prove me wrong on this. It's impossible to find it done completely in any money making media.

Not anymore!

http://www.cnbc.com/2015/09/23/happy-birthday-song-now-in-public-domain.html

Use it all you want, folks!


  • Mr C
  • The Legend

    • 2608

    • October 17, 2012, 03:00:40 pm
    • Seoul
Re: Korean TV & Copyright Law
« Reply #9 on: October 31, 2015, 06:05:58 pm »
"Any longer and we'd have to pay for it!"
I think length maybe a determining factor. The 'Happy Birthday' song is copyrighted too, and you'll almost never ever hear it in it's full-length in a movie. Go ahead and prove me wrong on this. It's impossible to find it done completely in any money making media.
Well, you're partly right.  Copyright infringement depends on a few factors, including the nature of use and the amount and substantiality.

But the reason you won't see all of Happy Birthday being sung is mainly to do with it being a boring waste of film footage.  All it takes is a few seconds and we get the idea.  And if we get the idea, the filmmakers still have to negotiate a payment with the owner.

Although, as Mister Tim points out, there is considerable question as to whether anyone owns it.


  • pkjh
  • The Legend

    • 2065

    • May 02, 2012, 02:59:44 pm
    • Asia
Re: Korean TV & Copyright Law
« Reply #10 on: October 31, 2015, 06:17:22 pm »

I think length maybe a determining factor. The 'Happy Birthday' song is copyrighted too, and you'll almost never ever hear it in it's full-length in a movie. Go ahead and prove me wrong on this. It's impossible to find it done completely in any money making media.

Not anymore!

http://www.cnbc.com/2015/09/23/happy-birthday-song-now-in-public-domain.html

Use it all you want, folks!
Mind just blown... omg... Happy Birthday to whoever!!!


Re: Korean TV & Copyright Law
« Reply #11 on: October 31, 2015, 09:09:14 pm »
I saw a half hour Korean TV program about a guy slurping a bowl of noodles in which they used approximately 12,000 audio clips from various movies, TV shows, songs, and games.

Can anyone tell me how this is possible without breaking loads of copyright laws?
You pay someone for the right to use the clips.
Quote
There is no way that these networks are asking/getting permission/paying for the right to use all of this material.
Why not?  Or rather, what makes you say that?


Re: Korean TV & Copyright Law
« Reply #12 on: November 01, 2015, 12:13:29 pm »
Varies in different countries: generally, depending on the length of the original clip people can get away with 5-8 seconds of a sound clip but you can still get into trouble with using the clip if it negatively effects the value/potential market of the original piece, or if they're selling/making money directly off the clips.


Re: Korean TV & Copyright Law
« Reply #13 on: November 01, 2015, 05:38:21 pm »
Korean copyright law is pretty much the same as USA's. It's just that it's less enforced. Korean culture is more forgiving regarding sharing stuff. Food, alcohol, schedule changes, etc. :)

Actually according to fair use (https://en.wikipedia.org/wiki/Fair_use) you can legally use short clips. You can't copy a song wholesale, but you can use a piece of a song to create commentary/parody/criticism/etc.

Its just that the American TV and music industries have decided not to risk using short clips because they don't want to risk potentially costly lawsuits (even if they would win them).

It's a different situation in Korea because most of the IP you mentioned is owned by western companies, and the government has no incentive to protect the IP rights of foreigners.  That might change if the TPP trade deal passes, but currently USA can't do much. I mean what are they going to do -- retaliate by not protecting Korean IP rights in USA? That would result in huge capital outflows out of USA.


Re: Korean TV & Copyright Law
« Reply #14 on: November 01, 2015, 05:52:13 pm »
Korean copyright law is pretty much the same as USA's. It's just that it's less enforced. Korean culture is more forgiving regarding sharing stuff. Food, alcohol, schedule changes, etc. :)

Actually according to fair use (https://en.wikipedia.org/wiki/Fair_use) you can legally use short clips. You can't copy a song wholesale, but you can use a piece of a song to create commentary/parody/criticism/etc.

Its just that the American TV and music industries have decided not to risk using short clips because they don't want to risk potentially costly lawsuits (even if they would win them).

It's a different situation in Korea because most of the IP you mentioned is owned by western companies, and the government has no incentive to protect the IP rights of foreigners.  That might change if the TPP trade deal passes, but currently USA can't do much. I mean what are they going to do -- retaliate by not protecting Korean IP rights in USA? That would result in huge capital outflows out of USA.
Why would it change because of TPP?  Korea is not a signatory to TPP.


  • Mr C
  • The Legend

    • 2608

    • October 17, 2012, 03:00:40 pm
    • Seoul
Re: Korean TV & Copyright Law
« Reply #15 on: November 01, 2015, 06:49:22 pm »
Korean copyright law is pretty much the same as USA's. It's just that it's less enforced. Korean culture is more forgiving regarding sharing stuff. Food, alcohol, schedule changes, etc. :)

Actually according to fair use (https://en.wikipedia.org/wiki/Fair_use) you can legally use short clips. You can't copy a song wholesale, but you can use a piece of a song to create commentary/parody/criticism/etc.
Whether something is fair use depends on ALL of the factors listed: the purpose of use, the nature of the original work, the amount and substantiality, and the effect on the work's value.

A short clip may be fair use, for example, in a critical review, a parody, etc., as you said, but almost always requires clearance for a commercial use, like a clip show, or a music sample--the idea that under five seconds is okay just is not true.

Quote
Its just that the American TV and music industries have decided not to risk using short clips because they don't want to risk potentially costly lawsuits (even if they would win them).

It's a different situation in Korea because most of the IP you mentioned is owned by western companies, and the government has no incentive to protect the IP rights of foreigners.  That might change if the TPP trade deal passes, but currently USA can't do much. I mean what are they going to do -- retaliate by not protecting Korean IP rights in USA? That would result in huge capital outflows out of USA.
Well, Korea is, as I mentioned above, a signatory of the Berne Convention, and therefore has a reciprocal IP rights agreement with the other signatories.  Korea has a copyright commission whose job it is to monitor and ensure copyright compliance.

The major Korean media companies have contracts with ASCAP, BMI, etc to clear use.  So most any TV program will be using protected material properly, but that Harry Potter DVD you buy on the basement level of Yongsan may well be illegally copied. 

And over the internet, almost anything goes, simply because there is just so much of it, the copyright owners fight a losing battle.  Google handled almost one million copyright takedowns PER DAY in 2014.  And ultimately, protecting a copyright is in the hands of its owner.


Re: Korean TV & Copyright Law
« Reply #16 on: November 01, 2015, 08:03:09 pm »
I worked with a documentary producer in America and when I arrived here, I informed him that one of his documentaries was airing on Korean tv. He was shocked, but didn't have the time to look into it so he didn't bother with any copyright infringement.

Or, it could be that he didn't read the fine print of his International distribution date as he really never paid much attention to these type of details. He just left it up to the lawyers.


  • Paul
  • Featured Contributor

    • 2055

    • September 21, 2010, 10:28:58 pm
    • Seoul
Re: Korean TV & Copyright Law
« Reply #17 on: November 02, 2015, 07:53:39 am »
Those foprmulaic sound bites are the same on Japanese TV too. Actually, they've been around over there for a lot longer, so Korea's merely borrowed the system. Given that, and the very strict state of copyright over that side, I can only assume there's some standard contract or the like.
More primary school colours and shapes activity ideas and resources than you'd ever need - here
Holy free educational fonts Batman!


  • midori951
  • Veteran

    • 248

    • February 24, 2014, 12:14:59 pm
    • Daegu, South Korea
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Re: Korean TV & Copyright Law
« Reply #18 on: November 02, 2015, 08:35:48 am »
wait... copyright laws in korea? they have that? wow no clue hahaha   :laugh: