You can be punished for plagiarism in Korea, “Ed Sheeran won his plagiarism case against Marvin Gaye’s pop classic, ‘Let’s get it on’”..
Song Writer, What a beloved job it is. Humming becomes melodies, lyrics & poems meet with the melodies and becomes one powerful message.
It should go back to ancient times when we talk about song writer, the sonnet & serenade dedicated to lovers became popular, and now it’s a classical music that we all enjoy today. However, sometimes, popular songs becomes one’s subconscious and affects one’s judgement and other creative activities. or, intentionally tweaks and rearrange the classic and pretend that it is his/her own creation.
Ed Sheeran, a british pop sensation, has been reported that he won his recent plagiarism case(Thinking out loud vs. Let’s get it on by Marvin Gaye) on 4th of May, 2023.
The suit originally has been brought by one of heir of Ed Townsend, a song writer(slash lawyer) who composed one of pop classic, ‘let’t get it on’ with Marvin Gaye in 1973.
What if, this type of lawsuit were brought in Korean Court?
Copyright Act, Article 136 (Penalty Provisions)
(1) Any person who falls under any of the following subparagraphs may be punished by imprisonment with labor up to five years or by a fine of up to 50 million won, or may be punished by both: <Amended on Dec. 2, 2011>
1. A person who infringes on author’s economic rights or other property rights protected pursuant to this Act (excluding the rights under Article 93) by means of reproduction, performance, public transmission, exhibition, distribution, rental, or production of derivative works;
Not only civil liability, but also criminal punishment is expected for those who infringes the other person’s property rights. Of course, with mere fact that one song is similar to another song does not satisfy the substantial similarity standard that the law requires, however, copying one’s rightful creative work is punishable by criminal code here in Korea.
“Imitation teaches creation”needs a new definition in these days.
“Imitation(without consent) can lead you to incarceration.”
※ For more help from LKS lawyers, please contact team leader of LKS directly at +82-10-6693-0117(team leader Jayp Kim, Attorney at Law). With the on point help from English speaking lawyer in Seoul, Korea of LKS, your story will be heard loud and clear.
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