A single photo caused online business copyright infringement certified mail case.

Law firm Veat received a request from an e-commerce startup (hereinafter "client") for a legal review of copyright infringement cases.

The client had received a certified mail from the copyright holder requesting damages and a cease and desist order for using images and photos in their product descriptions without the copyright holder’s permission on their open market. Consequently, the client recognized the seriousness of the matter and requested advice from Law firm Veat to prepare legal countermeasures.

Law firm Veat’s specialized TIP team for intellectual property reviewed relevant precedents to confirm the court's criteria for judging copyright infringement and specifically outlined the legal risks the client faced, such as fines and damages. They also analyzed the possibility of civil damages claims and criminal charges that the copyright holder could bring, and proposed countermeasures to minimize the client's legal risks.

This case clearly demonstrates the impact of copyright infringement in online platforms on businesses. Copyright infringement issues, which often arise in the operation of online businesses, are not unique to the client. Often, online shop operators do not individually photograph products, but instead obtain them from the original manufacturer or other websites, which can lead to civil and criminal liability for violation of copyright law.

Even if it appears to be a simple product photograph, images that are recognized as having creativity can receive protection under copyright law. In particular, photos processed with Photoshop, etc., are considered creations, and unauthorized use thereof constitutes copyright infringement. Law firm Veat’s TIP team provides prompt and accurate legal advice based on extensive experience and expertise in such matters.

Law firm Veat’s TIP team (Technology Intellectual Property) is a specialized team in the field of copyright and intellectual property and handles all legal issues related to copyright and intellectual property. The TIP team consists of leading experts in the copyright field, including Oh Seung-jong, a former chairman of the Copyright Committee, Choi Seong-ho, a managing attorney selected as a 'Leading Lawyer' in the TMT field of Legal Times, and An Il-woon, an attorney currently serving as a specialist at the Korean Copyright Committee.

The TIP team has resolved various copyright and intellectual property issues centered on new technologies and new industries such as IT·software, NFT (Non-Fungible Token), Metaverse, and games, and has been able to quickly and effectively resolve the copyright infringement issues facing the client based on the TIP team's expertise in this case.

We are reviewing the scope of protection and providing guidance on copyright infringement issues that may arise from the unauthorized use of photographic works.

If you need legal advice on copyright and intellectual property issues, please feel free to contact Law firm Veat’s TIP team at any time.

Thank you.

Law firm Veat