Legal Q&A
Q
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Hello. I am active as a director of theater productions in Daehangno. I do not yet have any widely known works, but I have been engaged in creative activity for nearly seven years, personally writing plays and participating in directing. However, a while ago, colleagues told me there was a play similar in content to my work, so I went to see it, and it was similar to a work I had presented in the past, down to the setting, the development, and the composition of the key scenes. Colleagues around me also gave the opinion that when they watched it, it reminded them of my work. Specifically, things such as the main conflict structure of the play's flow and the tone of the dialogue closely resemble my work. By anyone's account, it does not seem to be a coincidence and appears as if my ideas were taken and used as they were, so I am inquiring whether I can file a copyright lawsuit in such a case.
Copyright lawsuit
Answer
Published:
Author : Byung Joon KOH
Hello. In the case of the theater work you asked about, it constitutes a literary work under the Copyright Act, and copyright arises automatically the moment the work is created.
Where creative expressions such as the development of the work and the dialogue possess originality and creativity, if they are reproduced without authorization or substantially imitated, the likelihood of it being regarded as copyright infringement increases.
Under Article 136 of the Copyright Act, copyright infringement with a habitual or profit-making purpose is subject to criminal punishment, and the level of punishment is imprisonment for up to 5 years or a fine of up to 50 million won.
In the case of plagiarism, if commercial or profit-making use or infringement of the original copyright holder's rights is recognized, both civil and criminal liability arise, so beyond criminal punishment, you can claim damages through a copyright lawsuit.
If the similarity between the two works is such that even colleagues around you recognize it, upon a more careful review it is assessed to be a situation in which the possibility of copyright infringement can be sufficiently considered.
If you wish to pursue legal procedures, you can go through the necessary steps, such as a demand for correction through sending a certified content mail, and if it is not corrected thereafter, you can proceed with a copyright lawsuit and a claim for damages.
Since the specific response strategy may vary depending on the situation, it is advisable to prepare a step-by-step response by consulting with a specialized attorney.
It would be good to gather objective evidence capable of substantially proving similarity, such as the similar portions of the two works' scripts and the chronological order of the creation dates based on performance records, and then consult with an attorney.
At Daeryun Law LLC, attorneys with extensive experience in the copyright field provide assistance with procedures that can protect your rights, such as copyright lawsuits.
If you wish to protect your rights through a copyright lawsuit, we recommend that you gather as much physical evidence as possible and take action by obtaining the advice of an attorney specializing in intellectual property rights.
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Byung Joon KOH
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Extensive experience handling large-scale corporate and white-collar crime cases · Attorney specializing in corporate/construction/labor/digital forensics law
MinOu JO
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Technical Examiner at the Seoul Central District Court Experience as an Examiner at the Korean Intellectual Property Office
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