Legal review of copyright legitimacy of SNS platform services

Law firm Veat provides legal review for SNS platforms related to copyright infringement issues that may arise due to videos uploaded by customer companies. It offers a strong>legal review of the possibility of copyright infringement issues regarding videos and related content uploaded by users, considering that various types of works are combined in a composite nature.

The customer company requested a legal review regarding copyright infringement legal issues related to videos and related content uploaded by users.  

Law firm Veat confirmed that the user’s uploaded videos and content are composite works with multiple types of copyrights and, based on this, conducted a copyright review, including relevant regulations. Based on the comprehensive review of the customer company’s SNS platform and the videos and content uploaded by users, it provided guidance on whether the video or content infringed copyright and took appropriate actions.  

Furthermore, Law firm Veat advised that online service providers have a duty to delete infringing content, block similar content from being posted in the same internet space, and to prevent the user’s copyright infringement. Specifically, if this duty is violated, a joint illegal act liability arises, and it explained that this liability arises when the online service provider facilitates the user's copyright infringement. It provided detailed guidance to the customer company on the actions it should take regarding videos or content suspected of copyright infringement to operate the SNS platform safely.  

Composite Works: Reasons for Specialized Review

For a work to qualify for copyright protection, it requires creativity in expression, and the criteria for assessing creativity include 1) originality and 2) creative individuality. In cases where these criteria are required, the work often has a composite nature, rather than a single type, and it is more appropriate to seek confirmation from a legal expert with extensive experience in this area.  

Specifically, in the case of game copyrights, composite works are created by combining copyrights of various types such as literary copyrights, music copyrights, artistic copyrights, video copyrights, and computer program copyrights. In the case of computer games and mobile games, characters, items, backgrounds, and computer programs that operate according to a defined scenario and game rules in response to user actions, as well as video and background music organically combined. The creative elements, such as the creator's design and scenario, are technically implemented through a combination of various components, which can result in distinct features or individuality that distinguishes the game from other games. (Supreme Court, 2019. 6. 27. Case No. 2017da212095)

Copyright Infringement: Duty of Online Service Providers

Online service providers have a duty to delete infringing content and block similar content from being posted in the same internet space, and if this duty is violated, it constitutes a joint illegal act liability because the online service provider facilitates the user’s copyright infringement. (Supreme Court, 2010. 3. 11. Case No. 2009da4343)

Law Firm Veat Startup Advisory Team and TIP (Technology. Intellectual Property) Team

Law firm Veat’s Startup Advisory Team assists startups in resolving various legal risks that arise during their growth and operation, and Law firm Veat’s TIP (Technology. Intellectual Property) team, led by Partner Oh Seungjong, a former Chairman of the Copyright Committee, and staffed with experienced attorneys specializing in copyright and intellectual property, provides legal advice based on the team’s expertise accumulated through numerous client consultations.  

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