Copyright Law and Unfair Competition Prevention Act related certified mail response

Law firm Veat received a request from education startup A (hereinafter referred to as "the client") who received a cease and desist letter related to copyright law and the unfair competition prevention law, and performed legal advisory services in the position of the recipient of the cease and desist letter.

A received a cease and desist letter from competitor B, claiming that B had unauthorizedly used A’s content and was competing unfairly, and requested legal advice from Law firm Veat regarding violations of copyright law and the unfair competition prevention law.

Law firm Veat thoroughly reviewed the facts and content of the cease and desist letter by comparing and analyzing the similarity, creativity, and eligibility for protection of the two education contents of A and B to confirm whether A actually infringed on B’s copyright law.

In particular, Law firm Veat analyzed whether A’s actions constituted a legal violation by reviewing the provisions of copyright law and the unfair competition prevention law, whether the content had originality as a creation, and whether the claim of competitor B was legally valid.

Types of Copyrighted Works for Education Content

• Literary Works: Education content based on text (textbooks, lecture notes, training manuals)
• Audio-Visual Works: Multimedia education content (educational videos, lecture recordings, animation)
• Musical Works: Educational materials containing music (educational songs, multimedia materials containing music)
• Fine Arts Works: Visual materials (educational drawings, diagrams, illustrations)
• Computer Program Works: Education content based on software (educational programs, interactive learning apps)

Education content classified into these various forms of copyrighted works may be protected by copyright law, and the unauthorized use of such content may be deemed copyright infringement.

Law firm Veat confirmed the possibility of refutation regarding the facts of this case and presented various response measures that A, who received the cease and desist letter, could take, as follows.

First, by presenting evidence that A did not infringe on B’s copyright law, clearly stating that B’s claim was not legally valid through a counter-response to the cease and desist letter and protecting A’s rights

Second, presenting a consensus proposal that could resolve the dispute amicably through consultation with B, whereby A would accept some of B’s requests and take preventive measures to prevent similar problems from occurring in the future to terminate the dispute

In this way, the Law firm Veat TIP team effectively protected the client’s legal rights by presenting the optimal response measures through fact analysis and legal review related to the cease and desist letter and the unfair competition prevention law for an education startup.

Law firm Veat TIP team, led by Oh Seung-jong, a former chairman of the Copyright Committee, Chief Counsel Choi Sung-ho, who was selected as a ‘Leading Lawyer’ in the Legal Times TMT field, Counsel An Il-woon, who is actively engaged as a specialist of the Korean Copyright Committee, and Counsel Jeon Yong-hwan, who has extensive experience in ICT regulatory sandbox and empirical service law consulting, has abundant experience and expertise in intellectual property and unfair competition prevention law related legal advisory fields.

If you have any questions regarding cease and desist letters, copyright law, or the unfair competition prevention law, please contact Law firm Veat.

Thank you.
Law firm Veat