"Father's Song Uploaded Without Permission on YouTube"
Lawsuit Filed by Composer Lee Jae-ho's Son
Jang Yoon-jung, Song Ga-in, SBS, MBN in Trouble
2022 US Ruling: "Lack of Jurisdiction"
"Accepting Claims Would Undermine Copyright Order"
Composer the late Lee Jae-ho (1919-1960), who left numerous masterpieces before and after liberation such as ‘Danjang's Mia-ri Pass’, ‘The Traveler's Sorrow’, ‘The Unfilial Child Cries’, and ‘The Tavern Without an Address’. In particular, ‘Danjang's Mia-ri Pass’ became a hot topic when singer Song Ga-in performed it in the finals of TV Chosun's ‘Miss Trot’ in 2019.
It has been confirmed that Lee Beom-soo, son of Lee Jae-ho who inherited the music copyrights, has filed successive copyright lawsuits against famous trot singers including Song Ga-in, Kim Yeon-ja, and Jang Yoon-jung, as well as broadcasters such as TV Chosun, MBN, MBC, SBS, music streaming companies, and karaoke machine manufacturers.
According to a comprehensive report by Law Times on the 19th, three singers, broadcasters, and related companies were sued for copyright infringement in the U.S. Federal Central District Court of California in December last year.
Mr. Lee took issue with the singers and broadcasters posting ‘cover song’ videos of his father's compositions on YouTube. According to the complaint, Mr. Lee claimed, “Korean broadcasters and singers posted music composed by my father on YouTube, accessible in the U.S., without the copyright holder’s permission, infringing copyright,” and demanded compensation ranging from a minimum of $30,000 to a maximum of $150,000 per case. He also raised concerns about Lee Jae-ho’s music being used without permission in dramas previously aired by broadcasters, noting that these dramas are available via VOD services in the U.S.
In the complaint, Mr. Lee stated, “In August 2001, my father’s 125 works were registered with the U.S. Copyright Office and recognized; my mother, who passed away in 2018, transferred the U.S. copyrights to me, and these copyrights are valid in both the U.S. and Korea until 2030.” According to the complaint, Mr. Lee and his family immigrated to the U.S. in the early 1970s and obtained U.S. citizenship.
Currently, some defendants have retained local law firms in the U.S. It is reported that they are struggling to respond to the lawsuits.
The biggest issue in the lawsuit is whether the U.S. court has ‘jurisdiction’ over the case. Earlier, in February 2022, when trot music was gaining popularity due to trot competition programs, Mr. Lee filed a similar lawsuit in a California court against broadcasters, music sites, and karaoke machine manufacturers, but both the trial and appellate courts dismissed his claims citing “lack of personal jurisdiction.” In the U.S., personal jurisdiction becomes an issue if the defendant does not reside in the state where the court is located.
The broadcasters sued at that time argued, “Even if videos infringing copyright were posted on YouTube, it does not automatically grant federal court jurisdiction in the U.S., and jurisdiction arises only if California residents, the primary viewers, are involved in the infringement, which the plaintiff failed to prove.” Music service providers also claimed, “To use the service, users must verify with a Korean resident registration number and mobile phone number, and payments are only possible through Korean banks,” asserting that since the service was not provided outside Korea, including the U.S., the U.S. court lacks jurisdiction. The U.S. federal court accepted these arguments. Domestic copyright experts also view the U.S. court’s ruling on the defendants’ content as appropriate.
Professor Park Sung-ho of Hanyang University Law School pointed out, “Transmission online is literally ‘worldwide,’ so the content can be accessed anywhere in the world. If jurisdiction is claimed in every country where access is possible, the international order for copyright protection could collapse.” He added, “In that regard, even if Korean music works sung in Korean are provided online, it is naturally intended primarily for service within Korean territory. Unless the U.S. territory can be reasonably considered a place where damage from copyright infringement of Korean music works occurs, it would be difficult to recognize jurisdiction.”
A senior judge familiar with intellectual property cases said, “The U.S. court likely ruled considering that the videos in question were primarily targeted at Korean viewers and were not uploaded on YouTube solely for broadcasting in the U.S., reflecting the substantial connection.”
Experts also express concern about the situation where works whose copyrights have expired in Korea are still under copyright protection in the U.S., leading to successive lawsuits in U.S. courts. The works of Lee Jae-ho, who died in 1960, had their copyright expire in 2010 after the ‘50 years post-author’s death’ protection period ended. However, under U.S. copyright law, works can be protected for up to 95 years after publication, so several songs remain under copyright protection.
Hong Yoon-ji, Law Times Reporter
※This article is based on content supplied by Law Times.
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