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omonatheydidWhile this article has lots of same points as this one it has also some new information, for instance about "fair use" act that's under review.
Your five-year-old daughter mimmicks a popular song at home. Her gig is so cute, so you pick up your camcorder to record her one-minute performance. You upload the clip on your own blog to share it with your friends and relatives. This seemingly benign act, however, is in violation of the Korean copyright law. No kidding. Last month, there was an actual incident in which a video clip showing a five-year-old kid singing Son Dam-bi's "Crazy" -- for 58 seconds, to be exact -- was uploaded on a blog run by Naver.com, and the Korea Music Copyright Association asked the country's biggest portal to block public access to the video clip.
Online users cite the case as a striking example that heralds what would come once the revised copyright law goes into effect today. Although the government authorities and copyright associations try to reassure Korean online users that no drastic development will happen, anxiety is spreading far and wide across the local cyberspace.
KOMCA recently released a statement describing its position about the sorry incident surrounding the innocent girl, but it emphasized that even under the existing law it's illegal to upload a video clip containing lyrics or music performances on blogs or online communities, unless the person in question gets a formal permission from all the copyright holders.
The revised copyright law also explicitly bans people from capturing footage of a film or TV drama. There are now countless blog postings which contain such captured images from movies and TV dramas, so a growing number of bloggers are cleaning up their personal writings, screening out potential materials that would invite legal disputes.
At the same time, some bloggers and community operators are abandoning Korean services in order to avoid lawsuits and seek freer cyberspace. This "cyber exile" phenomenon underscores the deepening distrust of Korean users about the new copyright law, which is allegedly designed to protect copyright holders only, while disregarding the right of ordinary users, as evidenced by the Son Dam-bi song's use by a kid.
Under the revised rules, the Culture Ministry can shut down an online community or service in connection with copyright violations, even without the complaint from copyright holders. When the user or bulletin board gets the shut-down order three times, the ministry can shut down the services in question for up to six months under a three-strike-out system.
The so-called "heavy uploader," who habitually puts illegal material on cyber communities, will be subject to the same three-strike-out system.
But what ordinary bloggers fear the most is the threat from law firms. A host of Korean law firms are currently representing copyright holders in the fields of music, images, and video, and they often send an email to users, asking them to pay a settlement fee in return for dropping the lawsuit.
In April, a local law firm threatened to file a suit against 8,047 users on the charge of copyright violations, and earned 7 billion won in settlement fees, a tactic that turned out to be illegal. Experts said if such threat comes from a law firm, users should not opt for a settlement and instead seek consultations with the related authorities.
To relieve the anxiety, some copyright holders are venturing out to open up their content for free. A popular Web cartoonist Kang Full said he will allow his online comic strips to be freely circulated in blogs and cyber communities.
The Culture Ministry earlier put out a press release, stressing that the revised copyright law targets heavy uploaders and companies which take huge profits out of pirated materials, brushing aside growing concerns about the negative impact on freedom of expression on the internet.
To ensure freedom of expression, the ministry said, a "fair use" act was proposed at the National Assembly in October last year, and the standing committee is now reviewing the proposed revision that would allow people to use copyrighted materials without any formal permission when they make non-commericial material such as online UCC (user-created content).
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Your five-year-old daughter mimmicks a popular song at home. Her gig is so cute, so you pick up your camcorder to record her one-minute performance. You upload the clip on your own blog to share it with your friends and relatives. This seemingly benign act, however, is in violation of the Korean copyright law. No kidding. Last month, there was an actual incident in which a video clip showing a five-year-old kid singing Son Dam-bi's "Crazy" -- for 58 seconds, to be exact -- was uploaded on a blog run by Naver.com, and the Korea Music Copyright Association asked the country's biggest portal to block public access to the video clip.
Online users cite the case as a striking example that heralds what would come once the revised copyright law goes into effect today. Although the government authorities and copyright associations try to reassure Korean online users that no drastic development will happen, anxiety is spreading far and wide across the local cyberspace.
KOMCA recently released a statement describing its position about the sorry incident surrounding the innocent girl, but it emphasized that even under the existing law it's illegal to upload a video clip containing lyrics or music performances on blogs or online communities, unless the person in question gets a formal permission from all the copyright holders.
The revised copyright law also explicitly bans people from capturing footage of a film or TV drama. There are now countless blog postings which contain such captured images from movies and TV dramas, so a growing number of bloggers are cleaning up their personal writings, screening out potential materials that would invite legal disputes.
At the same time, some bloggers and community operators are abandoning Korean services in order to avoid lawsuits and seek freer cyberspace. This "cyber exile" phenomenon underscores the deepening distrust of Korean users about the new copyright law, which is allegedly designed to protect copyright holders only, while disregarding the right of ordinary users, as evidenced by the Son Dam-bi song's use by a kid.
Under the revised rules, the Culture Ministry can shut down an online community or service in connection with copyright violations, even without the complaint from copyright holders. When the user or bulletin board gets the shut-down order three times, the ministry can shut down the services in question for up to six months under a three-strike-out system.
The so-called "heavy uploader," who habitually puts illegal material on cyber communities, will be subject to the same three-strike-out system.
But what ordinary bloggers fear the most is the threat from law firms. A host of Korean law firms are currently representing copyright holders in the fields of music, images, and video, and they often send an email to users, asking them to pay a settlement fee in return for dropping the lawsuit.
In April, a local law firm threatened to file a suit against 8,047 users on the charge of copyright violations, and earned 7 billion won in settlement fees, a tactic that turned out to be illegal. Experts said if such threat comes from a law firm, users should not opt for a settlement and instead seek consultations with the related authorities.
To relieve the anxiety, some copyright holders are venturing out to open up their content for free. A popular Web cartoonist Kang Full said he will allow his online comic strips to be freely circulated in blogs and cyber communities.
The Culture Ministry earlier put out a press release, stressing that the revised copyright law targets heavy uploaders and companies which take huge profits out of pirated materials, brushing aside growing concerns about the negative impact on freedom of expression on the internet.
To ensure freedom of expression, the ministry said, a "fair use" act was proposed at the National Assembly in October last year, and the standing committee is now reviewing the proposed revision that would allow people to use copyrighted materials without any formal permission when they make non-commericial material such as online UCC (user-created content).
Source
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no subject
Date: 2009-07-22 03:51 pm (UTC)boom. they're going to find out really quick that the only people this law hurts are the copyright holders themselves.
no subject
Date: 2009-07-22 04:55 pm (UTC)lol random but I love ur icon
no subject
Date: 2009-07-22 05:00 pm (UTC)no subject
Date: 2009-07-22 05:15 pm (UTC)LOL he looks mad street/awesome, but the coloring is amazing
GD's mood matches the article thono subject
Date: 2009-07-22 03:54 pm (UTC)no subject
Date: 2009-07-22 03:59 pm (UTC)What I don't like about this law is that there is no discussion of the companies making the content available in legit, legal ways for new media consumption. Don't take away what we want and then not offer any alternative access. We need a Korean Hulu.
no subject
Date: 2009-07-22 04:14 pm (UTC)They are basically going to be sending all of their users into using YouTube and the likes. Oh well. If its on Western/English portals, all the better for English speaking fans. Sharing videos of music is how many people stumble onto new songs, artists or movies. Korea seems to really want their entertainment industry to die, and for their Hallyu exports to dwindle to nothing.
I bet that within a year, when the repercussions of this law starts to go into effect, they'll change it.
no subject
Date: 2009-07-22 04:18 pm (UTC)no subject
Date: 2009-07-22 04:20 pm (UTC)no subject
Date: 2009-07-22 04:22 pm (UTC)no subject
Date: 2009-07-22 04:25 pm (UTC)no subject
Date: 2009-07-22 06:52 pm (UTC)no subject
Date: 2009-07-22 08:17 pm (UTC)no subject
Date: 2009-07-22 09:12 pm (UTC)no subject
Date: 2009-07-22 04:23 pm (UTC)no subject
Date: 2009-07-22 04:26 pm (UTC)no subject
Date: 2009-07-22 04:52 pm (UTC)SM is going to kill them. Plus I believe in the power of fangirls XD
But srly, internet and random vids is how I stumbled onto a lot of good artists. Besides with modern technology and everything, people will always find a way to get it out.
no subject
Date: 2009-07-22 06:25 pm (UTC)LOL I agree. Or they are just looking for ANY way to control the population
ROFL "retarded chimp" totally XDD
no subject
Date: 2009-07-22 05:04 pm (UTC)cause i neeeeed my daily kvariety fix, mkay.
no subject
Date: 2009-07-22 05:22 pm (UTC)no subject
Date: 2009-07-22 05:20 pm (UTC)OH MY WORD WHAT IS THIS
no subject
Date: 2009-07-22 05:25 pm (UTC)no subject
Date: 2009-07-22 05:50 pm (UTC)LOL what?
because it would be bad if someone saw screencaps of a drama on a blog and it made them want to watch it?
or even worse, buy it when it comes out on DVD?
no subject
Date: 2009-07-22 06:07 pm (UTC)no subject
Date: 2009-07-22 07:21 pm (UTC)With the way the economy is right now, I'm not going to waste money buying CD's or DVD's of any new music or movies unless I know for sure that I'll like it and if I can't test it buy watching or hearing snippets, forget about it. I guess htis just means I can save more money for when SM decides to release more DBSK CD's and DVD's.
no subject
Date: 2009-07-22 08:39 pm (UTC)no subject
Date: 2009-07-22 09:10 pm (UTC)hmmm.....goatshit? dogshit? i wonder which shitty shit would really describe this fucked-up crap
*sticks for BULLSHIT for a while while thinking for the new word*
no subject
Date: 2009-07-22 09:43 pm (UTC)Voting on whether or not people/the internetz can say anything bad about the government.
Shit was crazy. The fights were like fans at a football game lol.
They're turning so control-hungry.
Sorry if that was OT, just saying.
I really don't get the point of this can't-use-copyrighted-media law.
Its like you draw something and you can't show anyone your ~masterpiece~
no subject
Date: 2009-07-23 02:12 am (UTC)its the circle of life, it's not gonna fucking end