Korean Job Discussion Forums

[Smithington]

Seems The Economist, the British news magazine, is really pissed at a Gangnam hagwon for repeatedly copying its articles without permission. It's decided to sue. I'm guessing the successful Apple suit against Samsung has opened wide the door for other lawsuits against unethical commercial practices in Korea.

The hagwon's defence: "This is common practice in Korea."

This courtesy of the Marmot's Hole.
http://www.rjkoehler.com/2013/01/23/the-economist-sues-famous-gangnam-language-school-report/

[ttompatz]

... fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

Should certainly be interesting but I won't bet in favor of the Economist.

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[NYC_Gal 2.0]

Hagwons are businesses, not schools.

[ttompatz]

[Los Angeloser]

[actionjackson]

[robot]

Would love the name of the hagwon, if any insider would care to PM.

[repeatpete]

I think the focus was the use of copied Economist articles in a textbook by the hagwon in question which was then sold to students.
According to the English version of the article, they have about 20,000 students.
Fair use for educational purposes would usually be inferred as making a few photocopies for discussion or personal research. Not enough just in case the Mormon tabernacle choir pops round.
Taking someone else's work, packaging it as your own and then selling it as a textbook.
I would defer to ttompatz in a heartbeat but this seems to be stretching the term 'fair use' to breaking point.

[ttompatz]

[liveinkorea316]

Workshops outside all universities illegally copy course books by the thousands. It is their bread and butter. It is what the Hanson was mentioning. They would advicse the required text book for one of their classes and no sooner would only one or two students buy it and the remaining 13 in the class turn up wit black and white printed copies from the copy centre over the road for a third the cost.

The school is to be applauded for developing and putting together a textbook for their students but they did not write the articles and they indirectly make plenty of $$$$ off selling the book given they are a Hagwon in Gangnam otherwise The Economist wouldn't be pursuing this.

Stealing is stealing. As far as I am aware intellectual property rights were in both the US-FTA andthe EU-FTA.

Fair use exemption for teachers is for teaching and classroom use. Not publishing a textbook and putting your name on it. I believe you will find that when the details come out it will not be just some conscious teachers' materials. It was blatant stealing. Samsung style.

I am not saying they will get successfully prosecuted however. This IS Korea.

[augustine]

These are kids we're talking about, right? As a former subscriber to The Economist, I have trouble believing the concept that even the most elite Korean kids could have comprehended much, if anything, written in that publication. Must be one hell of a hagwon.

[NYC_Gal 2.0]

Ah I don't know where it is, but I used to do photo research for a magazine, and there's a "for profit" clause that says that (paraphrasing) if it is for profit, it is not categorized as education. I'm sorry, but I haven't done that kind of work in years, so don't have the websites linked anywhere. I'd be interested in rules have changed, though.

[ttompatz]

[Captain Corea]

I guess, in that sense, it's how the hogwons are viewed. Are they a business, or a school? If they're both, how does it apply?

[goreality]

I'm going to speculate that the Economist has more experience than ABC hagwon regarding international copyright law (funny one was named but not the other).
I am guessing they would not be attempting this case if it would be easily dismissed as educational needs.
They have discovered that the hagwon has often used their articles without proper compensation in published textbook. Lots of hagwons sell their material online and in bookstore to non students. Nearly all the unigwons, Ganada and YMB are two I can think of off hand.
If the hagwon was using the name Economist to lure paying customers (or 'students') and not just their articles, rights were definitely infringed on.
The fact that the everyone does it excuse was used is interesting. I read an article yesterday about how Korean tourists are encouraged to report uses of Korean copyright infringement in South East Asia....interesting that when the tables are turned the excuse is simply everyone does it.