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[Exclusive] 131126 JYJ's powerful response against copyright infringement


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[Exclusive] 131126 JYJ's powerful response against copyright infringement... files a lawsuit against a publishing company

It was confirmed belatedly that popular idol group JYJ (Park Yuchun Kim Junsu Kim Jaejoong) filed a lawsuit against a domestic publishing house. For violation of publicity rights, a lawsuit was raised against Publisher A who used their photos without permission.

According to court records, JYJ members Park Yuchun (27), Kim Junsu (26), Kim Jaejoong (27) has filed a lawsuit in Sep 2012 against Publisher A for using their photos without permission and are asking for 40M KRW for damages.

The court in response said, "JYJ's justification of the payment has been deemed lawful" But the publisher side has raised an objection, hence the litigation is still on going.

Publisher A, who specializes in entertainment magazines, has featured photos of JYJ members on the cover of the magazine. C-JeS entertainment has confirmed its unauthorized distribution and has asked the publisher to stop the sale and shipment of the product, but the publisher reportedly did not respond.

For the agency side, the publisher has violated publicity rights, so they filed a lawsuit to claim for damages which has now become a legal battle.

There is a recent growing trend of infringement cases filed by celebrities.

JYJ has a tough stance on rights infringement issues. Agency told Star news that, "The current situation is that this company A is bankrupt and we will act accordingly. But we will pursue with legal actions if such incidents occur again."




Source: http://news.nate.com/view/20131126n09898

Translated by @rubypurple_fan

 

In case people don't understand, it's illegal to distribute copyright photos of a celebrity in magazines and profit from it. Normally, money made from any type of distribution is suppose to be shared with the celebrity since the publisher would have been using the celebrity's name for profit.

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In case people don't understand, it's illegal to distribute copyright photos of a celebrity in magazines and profit from it. Normally, money made from any type of distribution is suppose to be shared with the celebrity since the publisher would have been using the celebrity's name for profit.

 

Eh, it's legal to print photos in magazines, but the copyright belongs to the guy who took the photo and you need permission from that guy.

My guess is that they've ripped photos from JYJ's homepage or something and printed that in the magazine.

 

 

lol

I think they're spending more than 40M on this lawsuit and mediaplay

Yea, especially since the company behind the magazine is bankrupt so they're not even gonna get the 40M.

 

 

 

I don't think you know what the term "media play" is.

 

JYJ can't media play.

 

They're blacklisted.

They're in media all the time. They're only blacklisted from some TV shows.

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Eh, it's legal to print photos in magazines, but the copyright belongs to the guy who took the photo.

My guess is that they've ripped photos from JYJ's homepage or something and printed that in the magazine.

 

 

 

They're in media all the time. They're only blacklisted from some TV shows.

 

Basically.

 

And they're in the media, but they can't "media play" given the fact that the industry chooses to ignore them. That's what I was referring to.

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I was talking about their company. 

 

Agency told Star news 

 

I don't see "JYJ told star news" there. And yeah right keep thinking that because they're blacklisted form broadcast stations they can't make the headlines. 

 

I didn't say that. You're the one who said, "their media play" in the first place, and then went back to edit the post after I already replied to you.

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Eh, it's legal to print photos in magazines, but the copyright belongs to the guy who took the photo and you need permission from that guy.

My guess is that they've ripped photos from JYJ's homepage or something and printed that in the magazine.

 

Yea, especially since the company behind the magazine is bankrupt so they're not even gonna get the 40M.

 

 

 

They're in media all the time. They're only blacklisted from some TV shows.

Yeah, they're bankrupt, so Cjes' going to show some mercy.

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lol, just because people have been doing something wrong in the K-Entertainment industry for years, doesn't mean C-JeS has to play along. If no one ever stands up for change, how will the industry get better? Go C-JeS/JYJ for once again being fearless and fighting for your right!

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Go SueJes.  I hope this gives more idea to those who plan to rip off anything from the boys.

 

If you want pics, act as a decent publisher and invite them for a photoshoot or something.  Have integrity.

+1billion!

 

lol, just because people have been doing something wrong in the K-Entertainment industry for years, doesn't mean C-JeS has to play along. If no one ever stands up for change, how will the industry get better? Go C-JeS/JYJ for once again being fearless and fighting for your right!

Exactly.

 

If these people acted according to the law, none of this would have happened >.>

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Eh, it's legal to print photos in magazines, but the copyright belongs to the guy who took the photo and you need permission from that guy.

My guess is that they've ripped photos from JYJ's homepage or something and printed that in the magazine.

 

Yea, especially since the company behind the magazine is bankrupt so they're not even gonna get the 40M.

 

 

 

They're in media all the time. They're only blacklisted from some TV shows.

Yes, it is legal to print photos in commercial magazines as long as you get permission from the owner and paid the copyright fee.  Cjes is the exclusive owner of those photos, otherwise the agency has no right to sue Publisher A for copyright infringement.  Cjes hired that "guy"/ the photographer to take images of JYJ.  He then signed an agreement stating that his project is a work-made-for-hire.  In essence, the hired photographer agreed that he is paid a fee for his work, but the exclusive rights to reproduce and distribute of said property belongs to Cjes.

 

Publisher A willfully stole Cjes's property and use it without consent to gain profit.  It is within Cjes's right to require a copyright fee from any company that sought to use JYJ's images for commercial purpose.  Piracy of entertainment contents is rampant in Asia.   Publisher A is one of many currently ripping off of entertainment companies.  I doubt that Cjes filed this lawsuit ostensibly to get the 40M KRW, but rather to serve notice that it is taking copyrights infringement seriously.

 

 

There's a lawsuit every year. ROFLMAO.

Er, many entertainment companies do engaged in lawsuits and Cjes is no exception.  That's why many bigger ones have their own legal department. :lol:   I don't think Cjes is foolish enough to arbitrary sue everyone that crosses its path.  My guess is that it routinely consults with Sejong Law Firm, one of the top firms in Korea, regarding the feasibility of any lawsuit first before taking any action.  Cjes must be getting some awesome advice; they are batting a great score thus far.

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I wonder what magazine it was..

 

[Additional Info 1]

 

C-JeS said it’s okay to use photos for news or press releases but these magazines have published multiple A4 size* photos which is an infringement of publicity rights. These publishers also print a special edition magazine full of JYJ photos that is separate from the main magazine itself.

*A4 is the size of JYJ bromides for con goods.

 

***

[Additional Info 2]

 

There are two publishing companies that JYJ is suing. It was repeatedly done despite warning, so they pursue a case against these publishers.

 

Source: Star News + enews24 + OSEN

Translated by: Ruby (@rubypurple_fan 1 2) of JYJ3

Shared by: JYJ3

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