llyx 1,300 Posted March 4, 2018 Share Posted March 4, 2018 Well, legally what our fave fansites are doing is illegal. First of all, they are violating the Right of Portrait and the Right of Publicity by taking photos of the celebs. Next, they use their photos to create fan merchandise...be it slogans, seasons greetings, photocards, which they sell for profit. Since they use actual photos for their photobooks and all that, and not like for fanart are those merchandise 'transformative' (which basically means what you draw is considered a 'parody' or a 'criticism' and thus not illegal...)...these fansite masters are actually breaching the law. This article makes it quite straightforward to understand these legal complications: https://aminoapps.com/c/btsarmy/page/blog/legality-of-fan-art-fiction-gifs-and-merch/YjLo_rjQIbu6VqxgrokxP3BYB3nM6LdLkd3 So what I want to know is, is there a special law or something that protects these fansite masternims? All artists are aware of them; all companies are aware of them. Fansite masters send gifts to companies, and when we attend concerts and throw slogans to the stage, our idols pick them up and raise those unofficial fanmade slogans. So it seems that, Korean fandom culture...permits this behaviour (of taking pics, selling them, etc) completely. I wonder if these doings are no longer illegal under the Korean Law, or are they merely accepted by companies due to the fandom culture? My guess is that legally it is not in the least okay, but since it's a win-win situation (idols get more exposure and fansites make money...and also, companies' official merchandise do not lose customers due to the unofficial merch sold because of the nature of Korean fandom culture and how everyone would buy official merch no matter what...as in, unofficial merch don't obstruct the sales of official merch, so companies don't care enough to sue). But somehow I'm still certain that there is a specific law that allows this behavior to be legal, because it is so open that it would be strange if there's not a special law to protect these fansites? Especially after how some young Korean Wanna One fans got arrested after violating immigration rights in Malaysia, I seriously think as kpop fans we should start paying more attention to what is legal and what is not..... (This thread would probably flop cuz OH's unintelligent af xD) Link to comment Share on other sites More sharing options...
goodygumdrops 320 Posted March 4, 2018 Share Posted March 4, 2018 Link to comment Share on other sites More sharing options...
Green Tea Is Green 4,218 Posted March 4, 2018 Share Posted March 4, 2018 I mean being a fansite=stalking, we been knew... As long as the idols are comfortable and the agency allows those fansites to do it (Well, they don't even have to allow it, they could straight forward release a statement saying they'll take legal actions if they sell merchandise or ''stalk'' the idols), I don't see the problem. Link to comment Share on other sites More sharing options...
ChooChoo 1,510 Posted March 4, 2018 Share Posted March 4, 2018 Link to comment Share on other sites More sharing options...
sanasama 498 Posted March 4, 2018 Share Posted March 4, 2018 You do realize that fansites get the artists schedules via the agencies and their management so technically they are legal. What is illegal are the sasaengs that stalk idols when they don't have an official schedule or anything related to their job, the ones that stalk their hotel rooms and houses, hack into their emails, obtain and sell private information etc. Link to comment Share on other sites More sharing options...
starsocks 7,986 Posted March 4, 2018 Share Posted March 4, 2018 What is illegal are the sasaengs that stalk idols when they don't have an official schedule or anything related to their job, the ones that stalk their hotel rooms and houses, hack into their emails, obtain and sell private information etc. Link to comment Share on other sites More sharing options...
llyx 1,300 Posted March 4, 2018 Author Share Posted March 4, 2018 You do realize that fansites get the artists schedules via the agencies and their management so technically they are legal. What is illegal are the sasaengs that stalk idols when they don't have an official schedule or anything related to their job, the ones that stalk their hotel rooms and houses, hack into their emails, obtain and sell private information etc. What is illegal are the sasaengs that stalk idols when they don't have an official schedule or anything related to their job, the ones that stalk their hotel rooms and houses, hack into their emails, obtain and sell private information etc. Well that is another type of breaching laws...being a saesang and all that. Stalking is definitely illegal. So you are saying that since fansites attend open events, whatever they are doing (taking photos, making merch from those photos for profit) is legal? Are fansites protected by those companies then? Or by some law? Because technically it is 'illegal', no? Link to comment Share on other sites More sharing options...
Duu 197 Posted March 4, 2018 Share Posted March 4, 2018 I want to know how they manage to sneak their large cameras into concerts and take great photos, especially in instances where taking photos is not allowed and us regular folk get escorted out if caught? Link to comment Share on other sites More sharing options...
starsocks 7,986 Posted March 4, 2018 Share Posted March 4, 2018 Well that is another type of breaching laws...being a saesang and all that. Stalking is definitely illegal. So you are saying that since fansites attend open events, whatever they are doing (taking photos, making merch from those photos for profit) is legal? Are fansites protected by those companies then? Or by some law? Because technically it is 'illegal', no? To my knowledge it's not technically illegal. They're press at what are classified as public events. I'm pretty sure that taking photos is fine. Link to comment Share on other sites More sharing options...
lighterxx 12,204 Posted March 4, 2018 Share Posted March 4, 2018 Im sorry to tell you but portrait right does not exist in Korea. Only commercial photographing is illegal unless given consent, even then company needs to make a move, government does not create a case from nothing. thats actually why in many concerts taking pics are illegal because concert organizers actually use their photos for commercial and dont want any other person to have same scenes. People forget every country have their own law when it just suits them... Link to comment Share on other sites More sharing options...
llyx 1,300 Posted March 4, 2018 Author Share Posted March 4, 2018 Im sorry to tell you but portrait right does not exist in Korea. Only commercial photographing is illegal unless given consent, even then company needs to make a move, government does not create a case from nothing. thats actually why in many concerts taking pics are illegal because concert organizers actually use their photos for commercial and dont want any other person to have same scenes. People forget every country have their own law when it just suits them... That's interesting to know! In the case of fansites, what they do IS commercial photographing as they do make profit from their photos....so what you are saying is, it's just that companies don't care about and don't make a move on the fansites' technically illegal activity, hence the government can't punish them? Link to comment Share on other sites More sharing options...
gore 8,169 Posted March 4, 2018 Share Posted March 4, 2018 clearly companies don't give a fuck about fansites taking pictures or making gifs or using their artists image to sell fansite goods or even writing fanfic lmao and that's not a bad thing because with the amount of fansites and gif makers and fanfic writers there are.. they'd quickly drain their bank account to zero trying to go after everything that fans do. Link to comment Share on other sites More sharing options...
lighterxx 12,204 Posted March 4, 2018 Share Posted March 4, 2018 That's interesting to know! In the case of fansites, what they do IS commercial photographing as they do make profit from their photos....so what you are saying is, it's just that companies don't care about and don't make a move on the fansites' technically illegal activity, hence the government can't punish them? to explain it simply, photos are not illegal but merch is illegal. So calendars etc are actually subjected to crime. But companies' dont open cases against them because it benefits the idols. Otherwise fans take photos too, can you imagine the nightmare of suing everyone taking pics? Link to comment Share on other sites More sharing options...
Cassalis 1,216 Posted March 4, 2018 Share Posted March 4, 2018 To my knowledge it's not technically illegal. They're press at what are classified as public events. I'm pretty sure that taking photos is fine. Taking photos is fine, selling them is not. Link to comment Share on other sites More sharing options...
Bang_pdnim 2,551 Posted March 4, 2018 Share Posted March 4, 2018 I want to know how they manage to sneak their large cameras into concerts and take great photos, especially in instances where taking photos is not allowed and us regular folk get escorted out if caught?They wear skirts and hide their cameras between their legs, that's according to ARMYs who saw them at the jimmy kimmel concert Link to comment Share on other sites More sharing options...
petai 153 Posted March 4, 2018 Share Posted March 4, 2018 to explain it simply, photos are not illegal but merch is illegal. So calendars etc are actually subjected to crime. But companies' dont open cases against them because it benefits the idols. Otherwise fans take photos too, can you imagine the nightmare of suing everyone taking pics? In my opinion, company will no doubt take action if those fansite's merchandises directly affect company's merchandises. But in most case, company don't have resources (time, staff, money, etc) to monitor all fansite's activities. Considering the expense (again I am talkung about time, staff, money) could be bigger than the profit made by those fansites, I think many company just ignore them for the time being. There's no doubt when fansites start to generate money from idols directly (selling merchandise) or indirectly (ads from fansites), if they don't officially getting authorization from those idol's company, it is considered illegal activity. In my opinion, not all fansites are illegal. If those fansite stay non profit and get the photos/videos through authorized events, I believe the fansite is legal. Link to comment Share on other sites More sharing options...
Glou 2,430 Posted March 4, 2018 Share Posted March 4, 2018 Like you said, it's a win-win situation. Same for fancams basically. The companies know it can get them new fans, more publicity, great quality pictures for free... No company or concert organizer is stupid enough to not notice the people filming and taking photos at concerts. Still, fansites get perfect photos and they have to be either really close (so likely to get caught) or to have huge camera lenses (still very likely to get caught). The organizers know. The companies know it's in their interest to let them film. EXID was saved from disbandment thanks to a fancam (I believe?). The issue, for me, is the very thin line between fansites and sasaeng. I know that some fansites are respectful, don't disclose the artists' informations or locations even if they know it, leave them alone during their private schedule. Others don't and that's not okay. Then you have the fansites that only like one member, or who really don't like one member... and it can become nasty. Also, I think for the companies and their artists, it's the less harmful solution. People will follow the artists anyway. Better have a fansite who does things the right way, and on whom you have some control as you let them have access to the artists and their schedule, than sasaengs who will go to any length to get pictures, stalk the artist, harm them and not respect anything. And if you see how companies are useless when it comes to sasaengs, how can you expect them to do anything against fansites anyway? Link to comment Share on other sites More sharing options...
lighterxx 12,204 Posted March 4, 2018 Share Posted March 4, 2018 In my opinion, company will no doubt take action if those fansite's merchandises directly affect company's merchandises. But in most case, company don't have resources (time, staff, money, etc) to monitor all fansite's activities. Considering the expense (again I am talkung about time, staff, money) could be bigger than the profit made by those fansites, I think many company just ignore them for the time being. There's no doubt when fansites start to generate money from idols directly (selling merchandise) or indirectly (ads from fansites), if they don't officially getting authorization from those idol's company, it is considered illegal activity. In my opinion, not all fansites are illegal. If those fansite stay non profit and get the photos/videos through authorized events, I believe the fansite is legal. I really doubt company only doesnt sue them due to lack of staff and resources. I saw many idols advertising products in airports, knowing fansites will come and they can use this as advertising opportunity. Hell, Seventeen even brought Saem products and used in airport, then promoted to show how they love it. It wouldnt happen if not for fansites. Btw ads of idols do not generate money from fs, the opposite, they lose tons of money from it. Companies dont remove constricting merchandise unless its sold more than them (which never happens really). One of the other reasons of letting them make money is because fansites usually spend around 1600$ to enter one fanmeet, so if a group has 70 fansites (which is easily possible if its a known group) can you imagine the profit from a single hour? Link to comment Share on other sites More sharing options...
Mineeal 1,170 Posted March 10, 2018 Share Posted March 10, 2018 Mmm... im don't know how other fansites work, but the ones i know, all profit that they gain from selling calendars, dvd's, Merchandise is actually used to Fund events for the idol, like coffee trucks, charities, birthday ads, etc... so i dont know if you can say such fansites are for profit or if doing that is illegal or Not, but right now, Junsu is doing his MS at the Police Unit and the leader of his Unit actually Thanked some of his fansites cause they made ads and events to spread Police campaings that the Unit is doing... and he has Seen them take pictures, and all the unofficial merchandise the fansites made like fans,dolls,blankets,lightsicks, etc... so i suppose its ok, otherwise he would of said something? Link to comment Share on other sites More sharing options...
petai 153 Posted March 10, 2018 Share Posted March 10, 2018 I saw many idols advertising products in airports, knowing fansites will come and they can use this as advertising opportunity. Hell, Seventeen even brought Saem products and used in airport, then promoted to show how they love it. It wouldnt happen if not for fansites. I am not sure if I understand your phrase correctly. From what you wrote, it looks like Seventeen that promoting the products. So basically it's not what we are talking here. Maybe I misunderstood the sentences? Link to comment Share on other sites More sharing options...
lighterxx 12,204 Posted March 10, 2018 Share Posted March 10, 2018 I am not sure if I understand your phrase correctly. From what you wrote, it looks like Seventeen that promoting the products. So basically it's not what we are talking here. Maybe I misunderstood the sentences? i give it as an example, many groups do, whether we notice or not but i dont know many intimately enough to confidently give example from them Link to comment Share on other sites More sharing options...
lighterxx 12,204 Posted March 10, 2018 Share Posted March 10, 2018 I am not sure if I understand your phrase correctly. From what you wrote, it looks like Seventeen that promoting the products. So basically it's not what we are talking here. Maybe I misunderstood the sentences? i used svt as example^^ Link to comment Share on other sites More sharing options...
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