[YeitSuda] The Unwiped Tears of 'Geomjeong Gomu-shin'

Unfair Contracts Not Nullified Despite Administrative Orders
Publisher Remains Unresponsive to Allegation Recommendations

“Please help us reclaim the rights of creators who are foolishly naive except in creation. ‘Geomeongomusin’ is my entire life and my lifeblood.”

A scene from the animation 'Geomeongomusin'. [Video = KBS]

Lee Woo-young, the creator of the comic ‘Geomeongomusin,’ which gained public love through its standalone books and animation, said this in a statement submitted to the court two days before his death last March. Although the work was produced into various contents and achieved unprecedented success, the copyright fees the artist received over 15 years amounted to only 12 million KRW. Despite being the original creator, he was instead sued for copyright infringement due to an unfair contract and endured a difficult legal battle, ultimately taking an extreme step.

Following the artist’s death and the ensuing expansion of social discussions on protecting creators’ rights, the Ministry of Culture, Sports and Tourism conducted a special investigation into the ‘Geomeongomusin’ case and issued a corrective order to Hyeongseol Publishing in July based on the ‘Artist Rights Protection Act.’ Additionally, through the Korea Copyright Commission, the joint copyright registration of the Geomeongomusin characters under the representative of Hyeongseol Publishing was canceled. The public thus remembered that Ki-young and Ki-cheol finally returned to their original creator’s hands, albeit belatedly.

However, on the 10th, Lee Ji-hyun, the wife of Lee Woo-young, who appeared as a witness at the Ministry of Culture, Sports and Tourism’s national audit, stated that the situation had not changed at all even after the ministry’s corrective order. She said, “Hyeongseol & Co., which received the corrective order, did not respond and there was no communication or contact. The fines imposed for violating the corrective order are too small, so I felt that Hyeongseol & Co. decided not to communicate.”

Lee Ji-hyun, wife of the late writer Lee Woo-young, appeared as a witness at the National Assembly's Culture, Sports and Tourism Committee hearing on the 10th, responding to lawmakers' questions during the Ministry of Culture, Sports and Tourism audit.
[Image source=Yonhap News]

If the corrective order is not complied with, the Ministry of Culture, Sports and Tourism can impose a fine of up to 5 million KRW or suspend/exclude financial support within a three-year period. The problem is that the unfair contract made with the artist should be nullified through the corrective order itself, but the order only recommends consultation with the contracting party. Ms. Lee appealed, “I do not have the confidence to face them. The period to comply with the corrective order has already passed.”

According to the ‘2022 Webtoon Artist Survey’ released by the Korea Creative Content Agency last December, more than half of respondents (58.9%) reported having experienced unfair contracts or practices. Unfair contract practices included unilateral contracts favoring production companies and platforms (40.8%) and refusal to modify contract terms before signing (32.1%). The main contents of unilateral contracts involved secondary copyrights, overseas rights, and other terms favoring production companies and platforms.

Minister Yoo In-chon of the Ministry of Culture, Sports and Tourism responded, “Protecting creators’ rights is one of the most important reasons for the ministry’s existence, and if nothing has been resolved through corrective orders, stronger measures are necessary.” However, the damages lawsuit filed by Hyeongseol & Co. in 2019 is still ongoing. Park Kwang-chul, secretary of the Lee Woo-young Case Countermeasure Committee, pointed out, “It is a meaningful decision that the Copyright Commission recognized only the creator as the copyright holder, but if the artist’s side loses the ongoing damages lawsuit, the bereaved family will have to pay hundreds of millions of won and be left homeless.” While legal and institutional improvements are urgent, above all, a system centered on experts to assist artists who are unfamiliar with contracts due to their focus on creation and a contract culture that discloses detailed terms and conditions are desperately needed.

Editor's NoteYeitsuda (藝It Suda) is an abbreviation for “Art Talk,” a column covering issues and trends across the arts, including music, fine arts, and performances.