Videos of Lim Young-woong and Na Hoon-a sent to North Korea by balloon... Copyright infringement controversy

North Korean Defector Group Raises Issues Regarding Domestic Works Sent to the North

Is the video of singers Lim Young-woong and Na Hoon-a's performances sent to North Korea via large balloons by a defector group a violation of domestic copyright law? Previously, the government stated, "Unauthorized reproduction and distribution without the consent of the parties involved may constitute copyright infringement."

At the National Assembly's Culture, Sports and Tourism Committee audit held on the 7th, Kang Yoo-jung, a member of the Democratic Party of Korea, pointed out that the defector group Freedom Korea Movement Alliance sent domestic copyrighted materials to the North at the end of June.

Na Hoon-a (left), Lim Young-woong.
Photo by Yonhap News

At that time, the group sent 5,000 USB drives containing concert videos and songs of Na Hoon-a and Lim Young-woong via large balloons as a response to North Korea's "filth balloons" that drifted into the South.

Assemblywoman Kang Yoo-jung claimed, "This year alone, defector groups have sent balloons to the North 73 times, which included leaflets as well as USBs containing the drama Winter Sonata and concert videos of Lim Young-woong and Na Hoon-a."

She also pointed out, "It has been confirmed that many of these balloons fell within our country (South Korean territory) without reaching North Korea, so this falls under the Ministry of Culture, Sports and Tourism's jurisdiction and should be collected."

In response, Minister Yoo In-chon of the Ministry of Culture, Sports and Tourism said, "Illegal reproduction is a copyright violation, and we have been collecting and disposing of such materials for a long time," adding, "This is a routine task, and we also operate special judicial police."

At around 6:28 a.m. on the 7th, a balloon carrying waste presumed to have been released by North Korea was found near Changchon-ri, Namsan-myeon, Chuncheon-si.
Photo by Yonhap News

Assemblywoman Kang stated, "When I inquired with the Ministry of Culture, Sports and Tourism, they gave a passive response that Lim Young-woong and Na Hoon-a should handle it directly," and insisted, "If permission was not obtained, it is definitely a copyright violation."

Furthermore, Kang said, "Recently, President Yoon Suk-yeol made a somewhat unique statement about 'the right to access information,' saying that 'North Korean residents should realize more through our radio and TV and open their eyes to values,' but this is a part that violates our laws," and added, "The Minister of Culture, Sports and Tourism should strongly assert that the copyright law being infringed upon should be resolved and sent to the North."

Minister Yoo responded with a somewhat embarrassed expression, saying, "The Ministry of Culture is in big trouble," and added, "If it is illegal reproduction, it is indeed a copyright violation. We will actively determine whether copyright infringement has occurred."

On the other hand, Shin Dong-wook, a member of the People Power Party, argued that it is not subject to copyright law violations. Shin said, "Strictly speaking, there are elements of copyright infringement in the leaflets sent to the North, but considering national diplomacy needs or the intention to spread our popular singers' songs to North Korean residents, I wonder if it is necessary to strictly punish it as a legal violation."

Minister Yoo said, "We have not reviewed it legally until now, but we will check. If necessary, we could consider sending materials that are legal and have resolved copyright issues," adding, "Of course, if it is non-commercial and for non-profit purposes, some allowances exist."

Meanwhile, under the current copyright law, unauthorized reproduction and distribution of copyrighted works without the rights holder's consent can result in imprisonment of up to five years or a fine of up to 50 million won. Prosecution is possible only if the rights holder files a complaint, but if unauthorized reproduction is habitual and for commercial purposes, investigation and trial can proceed without a complaint.