| 420
.jpg "BTS(2).jpg") On July 22, 2021, Big Hit Music, BTS’ label, released a statement on its website claiming that the South Korean boy band’s hit, Butter, infringes no copyright whatsoever.
The company stated it is aware of the claims that the song’s intro may be infringing but remains adamant that “it was released after confirming with all copyright holders that there was no issue.”
That is a rebuttal against speculations online saying that the intro of Butter resembles the background music of Monster in My Pocket, a Japanese video game produced by Konami back in 1992.Kozo Nakamura, one of the songwriters for the BGM, wrote on his blog that he was surprised to see an article on the claims.
Admitting that he knows BTS but not the song, he listened to it after reading the article, but said that the similar melody is coincidental. Quoting the article that said the original songwriter contended it is not a sampling but the beats are almost identical, Nakamura added that he had never said that and wondered who made the claim.  That is an example of disinformation and
Kei Iida, a partner at Nakamura & Partners in Tokyo shares ways to prevent
that in the copyright world, especially in the entertainment industry. “In general, under the laws of Japan,
intentional allegation of facts in public to defame a person, or intentional
dissemination of false information to damage the trust in or to obstruct the
business of a person, may be punished as a crime. On the other hand,
allegation, intentional or negligent, of facts in public to defame a person may
be subject to the claims by the person for injunction and damages based on
personal rights. Also, dissemination, intentional or negligent, of false
information to damage the business reputation of a competitor may be subject to
the claims by the competitor for injunction and damages as unfair competition.
Further, dissemination, intentional or negligent, of false information to
damage the trust in or to obstruct the business of a person may be subject to
the claim by the person just for damages as tort. Here, irrespective of the
comment and/or claim by Nakamura on his blog, if a third party, likely not a
competitor to BTS and songwriters of Butter, has, likely not intentionally but
negligently, falsely alleged in public or disseminated through the internet
that Butter infringes the copyright of Monster in My Pocket, which will likely
defame BTS and their songwriters or damage the trust in or obstruct the
business thereof, BTS and the songwriters may claim injunction and damages
based on personal rights, or just damages as tort, to the third party. For such
claims, BTS and the songwriters may also demand internet service providers used
by the third party to disclose information in order to identify him or her.”
.png "2(3).png") With all that being said, the most critical
issue here, from the legal point of view, remains whether or not Butter
infringes the copyright of Monster in My Pocket, says Iida. YungJoon Kwon, managing partner at KWON
& KIM Patent & Trademark Attorneys in Seoul, reinforces with Nakamura
and Big Hit Music that BTS has committed no plagiarism! “As Nakamura already posted in his blog
saying the similarity between his work and Butter is just coincidental, he
would not take it as infringement and hence this matter will be very much
unlikely to be taken to court.” On the other hand, Luca Debonaire, a Dutch
musician, claimed that the chorus of Butter is similar to You Got Me Down, his
creation from last year. He said that he purchased the top line for his song
from Sebastian Garcia, who is credited as one of the songwriters for Butter. “There is a suspicion of double contract
for at least part of Butter between BTS and Debonaire with Garcia being placed
in the middle of the two,” Kwon says. “So if Debonaire keeps claiming his right
of the chorus of Butter, against BTS or Garcia, there could not be ruled out a
possibility of this dispute being taken to the court - at least against
violating the contractual obligation if there was a double contract indeed.”
#이공특허 #이공특허법률사무소 #KWON & KIM Patent & Trademark Attorneys #KWON & KIM #유럽상표 #PCT출원비용 #PCT특허 #국제디자인 #국제디자인출원 #국제상표 #국제상표권 #국제상표등록 #국제상표출원 #국제특허 #국제특허법률사무소 #국제특허출원 #대만상표검색 #대만상표권 #대만상표출원 #마드리드국제상표출원 #마드리드국제출원 #마드리드상표 #마드리드상표등록 #마드리드상표출원 #마드리드출원 #미국디자인등록 #미국디자인특허 #미국상표 #미국상표권 #미국상표권등록 #미국상표권출원 #미국상표등록 #미국상표등록비용 #미국상표출원 #미국상표출원비용 #미국특허 #미국특허비용 #미국특허출원 #베트남상표 #베트남상표검색 #베트남상표권 #베트남상표권등록 #베트남상표등록 #베트남특허 #상표해외출원 #유럽상표권 #유럽특허 #일본상표 #일본상표권 #일본상표권등록 #일본상표등록 #일본상표출원 #일본특허 #중국상표 #중국상표검색 #중국상표권 #중국상표권검색 #중국상표권등록 #중국상표등록 #중국상표등록비용 #중국상표등록조회 #중국상표출원 #중국상표출원비용 #필리핀상표등록 #해외디자인 #해외디자인출원 #해외상표 #해외상표검색 #해외상표권 #해외상표권등록 #해외상표권출원 #해외상표등록 #해외상표출원 #해외출원 #해외특허 #해외특허출원 #헤이그디자인 #대만상표등록 #마드리드상표출원비용 #미국상표권등록비용 #인도상표 #인도특허 #일본상표권조회 #중국디자인출원 #중국상표권출원 #해외디자인등록 #해외상표출원비용 #EU상표 #영국상표 #영국상표등록 #영국상표출원 #유럽상표등록 #유럽상표출원 #유럽연합상표 #중국모방상표 #중국상표거절 #중국상표무효심판 #중국상표이의신청 |
|||
| 목록 |
| 이전글 | Interview with Asia IP law: China has granted more patents for foreign companies in the first half of this year |
|---|---|
| 다음글 | 2021년 6월 1일 발효된 새로운 중국 특허법을 위한 심사기준의 변화 |
