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The Eagles Sue a Korean Insurance Company
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Adventurer



Joined: 28 Jan 2006

PostPosted: Fri Jan 05, 2007 6:34 am    Post subject: The Eagles Sue a Korean Insurance Company Reply with quote

I was reading the Korean Herald and I saw in one of the last pages of the newspaper that the Eagles were suing a Korean insurance company for 537,000 dollars for using part of the song "Desperado" without permission. The Korean company claimed that the Eagles' agent gave them permission. I didn't notice the insurance company saying that they had permission in writing. A company has to get permission in writing, and why would the Eagles let a company use their song for free? Essentially, the company was lying and its advertising firm doesn't respect copyright laws.
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Peeping Tom



Joined: 15 Feb 2006

PostPosted: Fri Jan 05, 2007 8:54 am    Post subject: Re: The Eagles Sue a Korean Insurance Company Reply with quote

Adventurer wrote:
I was reading the Korean Herald and I saw in one of the last pages of the newspaper that the Eagles were suing a Korean insurance company for 537,000 dollars for using part of the song "Desperado" without permission. The Korean company claimed that the Eagles' agent gave them permission. I didn't notice the insurance company saying that they had permission in writing. A company has to get permission in writing, and why would the Eagles let a company use their song for free? Essentially, the company was lying and its advertising firm doesn't respect copyright laws.


I often wonder how many of the commercials using foreign songs have bothered to get permission. If one has the knowhow, one could probably make a business alerting foreign companies of copyright infringement in Korea and do quite well...although I doubt foreign companies would ever win a battle in Korean courts (i.e. Starbucks).
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Roch



Joined: 24 Apr 2003
Location: Seoul

PostPosted: Fri Jan 05, 2007 11:25 am    Post subject: Re: The Eagles Sue a Korean Insurance Company Reply with quote

Peeping Tom wrote:
Adventurer wrote:
I was reading the Korean Herald and I saw in one of the last pages of the newspaper that the Eagles were suing a Korean insurance company for 537,000 dollars for using part of the song "Desperado" without permission. The Korean company claimed that the Eagles' agent gave them permission. I didn't notice the insurance company saying that they had permission in writing. A company has to get permission in writing, and why would the Eagles let a company use their song for free? Essentially, the company was lying and its advertising firm doesn't respect copyright laws.


I often wonder how many of the commercials using foreign songs have bothered to get permission. If one has the knowhow, one could probably make a business alerting foreign companies of copyright infringement in Korea and do quite well...although I doubt foreign companies would ever win a battle in Korean courts (i.e. Starbucks).


Word
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mindmetoo



Joined: 02 Feb 2004

PostPosted: Fri Jan 05, 2007 4:47 pm    Post subject: Re: The Eagles Sue a Korean Insurance Company Reply with quote

Peeping Tom wrote:
Adventurer wrote:
I was reading the Korean Herald and I saw in one of the last pages of the newspaper that the Eagles were suing a Korean insurance company for 537,000 dollars for using part of the song "Desperado" without permission. The Korean company claimed that the Eagles' agent gave them permission. I didn't notice the insurance company saying that they had permission in writing. A company has to get permission in writing, and why would the Eagles let a company use their song for free? Essentially, the company was lying and its advertising firm doesn't respect copyright laws.


I often wonder how many of the commercials using foreign songs have bothered to get permission. If one has the knowhow, one could probably make a business alerting foreign companies of copyright infringement in Korea and do quite well...although I doubt foreign companies would ever win a battle in Korean courts (i.e. Starbucks).


Then again, they might be pretty busy in US courts following up youtube, myspace, and various torrent sites...
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eamo



Joined: 08 Mar 2003
Location: Shepherd's Bush, 1964.

PostPosted: Fri Jan 05, 2007 8:22 pm    Post subject: Reply with quote

If Korean advertising companies were actually paying when they should then The Beatles people must be getting very rich from Korea alone. The Beatles music is all over Korean TV.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Fri Jan 05, 2007 9:30 pm    Post subject: Reply with quote

eamo wrote:
If Korean advertising companies were actually paying when they should then The Beatles people must be getting very rich from Korea alone. The Beatles music is all over Korean TV.

The Beatles don't own most of their music anymore. Unless McCartney bought everything back from Jackson.
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Hollywoodaction



Joined: 02 Jul 2004

PostPosted: Fri Jan 05, 2007 11:16 pm    Post subject: Reply with quote

Young FRANKenstein wrote:
eamo wrote:
If Korean advertising companies were actually paying when they should then The Beatles people must be getting very rich from Korea alone. The Beatles music is all over Korean TV.

The Beatles don't own most of their music anymore. Unless McCartney bought everything back from Jackson.


He'll own it again soon. I read somewhere that some new British copyright laws will make it so.
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mindmetoo



Joined: 02 Feb 2004

PostPosted: Sat Jan 06, 2007 7:00 am    Post subject: Reply with quote

Young FRANKenstein wrote:
eamo wrote:
If Korean advertising companies were actually paying when they should then The Beatles people must be getting very rich from Korea alone. The Beatles music is all over Korean TV.

The Beatles don't own most of their music anymore. Unless McCartney bought everything back from Jackson.


Michael Jackson was famous for owning the rights. I think he slowly sold off shares in the catalog as he needed money but retains (or until recently) retained a 51% control or something. He kind of was able to borrow a lot of money using the catalog as collateral.

When you say catalog, what you're talking about, I believe, is the words and the musical notes. The Beatles retain their performance rights. So you can't really have John Lennon singing revolution in a Nike ad. However, one can sell Nike the rights to cover the song for their commercial.

http://www.snopes.com/music/artists/jackson.htm
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J.B. Clamence



Joined: 15 Jan 2003

PostPosted: Sat Jan 06, 2007 10:18 am    Post subject: Reply with quote

I would bet that the vast majority of foreign music used in Korean advertising (even the ads for big companies like Samsung) is stolen illegally. I just don't see how they would bother to get permission for all of it, especially that one ad where the guy keeps changing channels on his MP3 player and encounters a different person on the street dancing to each track. I mean, there's no way they went and got permission for all of those songs.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Sat Jan 06, 2007 5:24 pm    Post subject: Reply with quote

J.B. Clamence wrote:
I would bet that the vast majority of foreign music used in Korean advertising (even the ads for big companies like Samsung) is stolen illegally.

Why stop at foreign music. I bet the same is true of Korean music. I remember back during one of the presidential elections (I think it was Kim Dae-jung's), Korean singer Lee Jung-hyun came out and announced that she does not give ANYONE permission to use her song 바꿔 in ANY election campains. She said she would prosecute anyone who did.
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Sat Jan 06, 2007 5:42 pm    Post subject: Reply with quote

I have friends who work in IT companies. One of them said he was specifically told that if he needed a computer program, he was to steal it if it is foreign and pay for it if it is Korean.

On the other hand, this forum is heavily populated with people who regularly download movies/music without paying for it. I think the level of moral outrage will be pretty low.
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Horangi Munshin



Joined: 06 Apr 2003
Location: Busan

PostPosted: Sat Jan 06, 2007 7:00 pm    Post subject: Reply with quote

Ya-ta Boy wrote:
I have friends who work in IT companies. One of them said he was specifically told that if he needed a computer program, he was to steal it if it is foreign and pay for it if it is Korean.

On the other hand, this forum is heavily populated with people who regularly download movies/music without paying for it. I think the level of moral outrage will be pretty low.


True.

But do people downloading movies/music make any money out of it?
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mindmetoo



Joined: 02 Feb 2004

PostPosted: Sun Jan 07, 2007 3:04 am    Post subject: Reply with quote

Ya-ta Boy wrote:
I have friends who work in IT companies. One of them said he was specifically told that if he needed a computer program, he was to steal it if it is foreign and pay for it if it is Korean.

On the other hand, this forum is heavily populated with people who regularly download movies/music without paying for it. I think the level of moral outrage will be pretty low.


In many ways, given the extreme nationalism, Koreans might wonder why the government is wasting tax money going after Koreans trying to turn a buck and put money in the pocket of foreign firms, many of them American companies (which apparently a growing number of recent law grads have identified as Korea's #1 enemy).

To some minds, it helps Korean industry if the bottom lines of foreign competitors are being affected. However, a nation that allows legal remediation for local companies and puts up road blocks when foreign companies attempt to use the court systems and laws for remediation will find itself losing foreign investment as money flows to places where the application of the law is transparent.

Lots of Koreans have been making nice profits from the KOSDAX since 1997 thanks to foreign investment. If that went away, no one is going to buy your over priced Gangnam apartment...
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Sun Jan 07, 2007 4:15 pm    Post subject: Reply with quote

Quote:
But do people downloading movies/music make any money out of it?


Would you mind posting a list of nice things you own and your address? I wouldn't mind having a new TV and if yours is nice enough, I'd like to steal it. It's just for my own use--I promise I won't sell it.


(The government is a little more active in defending intellectual property rights nowadays, since Koreans are starting to produce things foreigners--like the Chinese--want to steal.)
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Adventurer



Joined: 28 Jan 2006

PostPosted: Sun Jan 07, 2007 11:16 pm    Post subject: Reply with quote

It makes sense that the government is allowing foreigners, via the courts, to crack down on corruption. The courts allowed a suit by a Canadian artist who sued IRE publications for using his art without permission. In the end, the publisher altered the paintings, but they still looked similar enough and the court said there was an intention of copyright infringement. This is progressive for Korea. The government probably realizes that others can disregard Korean copyrights if they do the same to them. It could work against Korea since it is a smaller country and would have less copyrights than many Western countries and would want to protec their works. I read of an official being investigated for bribes. He works for the tax office.
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