[Copyright lawsuit] The case of "The Overworld" recovery work involving the Japanese epic historical novel, resulted in a victory in the copyright infringement lawsuit.

Law firm Veat’s Oh Sejong attorney was involved in a case concerning the reprint of ‘Mang-gang’ (by Tokugawa Ieyasu), a Japanese historical novel that gained popularity upon its 1975 translation into Korean, and recently received renewed interest. He successfully defended the publisher against charges of copyright infringement, arguing that the 2005 reprint did not constitute a new work.

• Content of the Case

The reprint in question was a translation of the Japanese historical novel ‘Mang-gang’ into Korean, serialized in Japanese newspapers and published as a bestseller by Japanese publishers. Following its publication in 1975 in Korean by publisher A, the book also became a bestseller domestically. In 2005, publisher A released a revised edition of ‘Mang-gang,’ based on the revised orthography and grammar of the 1975 edition, correcting inaccuracies in translation or interpretation. This was initially brought as a charge of copyright infringement.

• Law Firm Veat’s Argument and Court’s Judgment

Law firm Veat’s Oh Sejong attorney argued that the reprint was not a new work, citing several factors: the 1957 copyright law, in effect before Korea’s accession to international copyright treaties, did not protect foreign works published outside of Korea; the subsequent amendments to the copyright law provided for retroactive protection; and the 2005 reprint was merely a correction of errors in translation or interpretation, not a new work.

Consequently, the Supreme Court accepted attorney Oh Sejong’s arguments, ruling that while the 2005 reprint differed from the 1975 reprint, it was not a new work and that the provisions of the 1995 copyright law amendment regarding retroactive protection could apply, thereby dismissing the copyright infringement charges.

• Significance of the Case

The reprint, referring to works previously used without restriction in Korea prior to the country’s accession to international copyright treaties, was protected as a Korean work following Korea’s accession to those treaties.

This case is a significant precedent, establishing criteria for protecting foreign works within Korea in the context of the global proliferation of cultural content facilitated by digital technology and network environments.

• Veat Law Firm’s Copyright/Intellectual Property ‘TIP’ Team

Law firm Veat has a ‘TIP’ team specializing in copyright and intellectual property, proactively tracking international trends to minimize legal risks for its clients. The TIP team has extensive experience handling copyright litigation and advisory services, spearheaded by copyright expert Oh Sejong attorney, providing in-depth legal counsel.

Please contact us for any copyright-related assistance.

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