2014 KOREA-PHILIPPINES COPYRIGHT FORUM

Transcription

Ministry of Culture, Sports and Tourism
Republic of Korea
- Copyright Protection
- Efficient Use of Copyrighted Works
- Enhancement of Creators’ Rights
Market Size
In Trillion won / 1,100won ≒ 1$
Ministry of Culture, Sports and Tourism
Culture Contents
Export $100
Consumption Goods
Export $412
Korea Eximbank(2012)
Market
Share
PWC(2013)
Creators
- mostly freelancers or small-scale businessmen
Face difficulties in exercising their legitimate rights
Take a disadvantageous position in contract with distributors
Creators
Protecting
the rights
of authors
Copyright
Users
Promoting
fair use of
works
More
Creation
- Copyright Protection
Crackdown on Copyright Infringements
Responses to illegal reproductions
Introduction of Special Judicial Police (Sep, 2008)
Web-Storage Registration (Nov, 2011), Crack-down on Torrent
Updated Technology
Increase of Digital Forensic Investigation (94 cases in ’10 → 323
cases in ’12)
Investment on R&D of Protection Tech.
Establishment of Korea Copyright Protection Agency
Bill proposed in Jul. 2013
Planning copyright protection and Crack-down Activities
On-line Monitoring
CASE
TRENDS
ARTICLES
TRENDS
ARTICLES
TRENDS
Off-line Crackdown
CASE
TRENDS
Statistics on the Performance of the Copyright Protection Center, 2012 Annual Report on Copyright in Korea
4,220
Down by 2.6%
18.8%
Down by 27.6%
3,055
16.2%
고용
0
고용
Annual Report of Copyright Protection Center, 2013
Raising Copyright Awareness
Total
434,857
Persons
2012 Annual Report on Copyright in Korea
Raising Copyright Awareness
- Efficient Use of Copyrighted Works
Free Access to Public Works
Establishment of the legal ground for ‘free use of public
works’ (Jul, 2014)
KOGL (Korea Open Government License)
Open license marking criteria for public works
Website for Works in Public Domain
Provides information on rights of 184,000
public domain
Convenient Use of Copyrighted Works
Digital Copyright Exchange
Collect Copyright Information from CMOs
Provide Copyright Information
Online Copyright Licensing
‘Find Copyright’ Website
Provide Copyright information and Lists of copyrighted works
qualified for receiving undistributed compensation
Copyright holder search service
(Simplified Statutory License System)
Convenient Use of Copyrighted Works
Integrated Collection
(Current) Payment on fees & remunerations to three CMOs
over one music providing service
→ Obligation of integrated collection
Refurbishment of rules for fair use
Broaden the Scope of Fair Use
- Deletion of “for news report, critique, education, research, etc.”
Bill proposed in Jul. 2013
- Enhancement of Creators’ Rights
Guidelines and Standard Form Contracts
Guidelines for contents contest exhibition (2014)
(Before) In contest exhibitions, the hosts usually force all the
contestants to transfer their author’s property right
→ (Guideline) Give the copyright to its creator
Standard Form Contracts
‘Common Standard Form Contract” for ordinary use, transfer
of copyrighted works
‘Standard Form Contracts” for each genre of contents
- 22 types: △performing arts (3) △broadcasting (5) △popular
culture (2) △ film (5) △ publication (7)
Consulting Services
Visiting Copyright Consulting Service
Offering copyright law consulting service and business
mentoring
One-person creative businesses / Small-and-medium-sized
enterprises
Copyright Protection Call Center
One-stop copyright counseling service
THANK YOU
changsi@korea.kr
INTRODUCTION OF THE
COPYRIGHT SYSTEM
FOR THE
DEVELOPMENT OF CULTURAL
CONTENT IN THE PHILIPPINES
GINALYN SACMAR-BADIOLA
HearingOfficer,BureauofLegalAffairs
IntellectualPropertyOffice
18September2014,DusitHotel,MakatiCity
- the legal protection extended to the creators over their literary
and artistic works.
I. Original Literary and Artistic Works
§
§
§
§
§
§
§
§
Books & other writings;
Periodicals;
Lectures, addresses;
Letters;
Dramatico-musical compositions;
Musical compositions;
Drawing, painting, architecture, sculpture;
Ornamental designs, applied art;
§
§
§
§
§
§
§
Illustrations, maps;
Drawings or plastic work;
Photographs;
Audiovisual works;
Illustrations & advertisements;
Computer programs; and
Other literary/scholarly/scientific
or artistic works.
(Sec. 172, IP Code)
II. Derivative Works
§ Dramatizations, translations, adaptations & other alterations;
§ Collections of literary, scholarly or artistic
works; compilations of
data.
These works shall be protected as new works. Provided, that it shall
not affect the force of any subsisting copyright upon the original wo
rks, or be construed to imply any right to such use of the original w
orks, or to secure or extend copyright in such original works.
(Sec. 173, IP Code)
Works are protected by the sole fact of their creation, irrespective
of the mode or form of expression, as well as their content, quality
and purpose.
N.B./ no fixation requirement in the law
At any time during the subsistence of the copyright, the owner of the
copyright or of any exclusive right in the work may, for the purpose of
completing the records of the National Library and the Supreme Court
Library, register and deposit with them, by personal delivery or by reg
istered mail, two (2) complete copies or reproductions of the work in
such form as the Directors of the said libraries may prescribe in accor
dance with regulations: Provided, That only works in the field of law
shall be deposited with the Supreme Court Library. Such registration
and deposit is not a condition of copyright protection.
Sec. 16, R.A. 10372
N.B. Memorandum of Agreement signed 25 January 2011. National Library d
eputizing IPO as a receiving office for the registration and deposit of copyrigh
ted works.
“We do see the value that this process of intellectual property registration brings
– not so much for your heirs’ benefit but for the strengthening of the democracy
that you fought so hard to restore.”
- Mr. Ruben V. Tangco
Managing Director of the iamninoy-iamcory Mov
ement, NCAF
original/derivative
joint authorship
-
life + 50 yrs. p.m.a.*
-
last life + 50 yrs. after dea
th of 2nd author
applied art
making
photo/audiovisual
making
performance/sound or
image & sound recordings performance/recording
broadcast
date of broadcast
-
25 yrs. from
50 yrs. from publicn/
50 yrs. from
-
*post mortem auctoris – after the death of the author
20 yrs. from
I. Economic Rights - right to obtain remuneration from the
exploitation of owner’s by third parties through reproduction,
transformation, first public distribution, rental, public display, public
performance and communication to the public.
Moral Rights - rights of creator to undertake measures to
maintain and protect the personal connection between himself and
the work through attribution, make alteration of his work, object to
any distortion, and restrain the use of his name to work which is not
his creation or a distorted version thereof.
II.
Designation of Society. – the owners of copyright and related rig
hts or their heirs may designate a society of artists, writers, compos
ers and other right-holders to collectively manage their economic or
moral rights on their behalf. For the said societies to enforce the rig
hts of their members, they shall first secure the necessary accreditat
ion from the Intellectual Property Office.
Sec. 10, R.A. 10372
The Bureau of Copyright and Other Related Rights. - the Bureau of
Copyright and Other Related Rights shall have the following functions:
§
§
§
§
Exercise original jurisdiction to resolve disputes relating to the terms of
a license involving the author’s right to public performance or other com
munication of his work;
Accept, review and decide on application for the accreditation of CMO or
similar entities;
Conduct studies and researches in the field of copyright and related righ
ts; and
Provide other copyright and related rights service and charge reasonabl
e fees therefore.
Sec. 9A, R.A. 10372
kailanga kita. youtube.htm
composer/arranger/lyricist
singer/performer
producer of sound recordings
broadcasting organizations
WIPO, National Studies on Assessing the Economic Contribution of the
Copyright-Based Industries, Creative
Industries Series No. 2,
WIPO Publication No. 1009E, Geneva, Switzerland
Electronic copy available at
http://www.wipo.int/ip-development/en/creative_industry/pdf/1009E-1.pdf )
Sector and Industry
Number of Establishments
Number
% of Total
Employment
Number
Value Added
(P000)
VA
Value Added
as % of per Employee
GDP
(P000)
1226892217
41.0
430
% of
Total
PHILIPPINES
(Large Establishment)
28245
Agriculture &
Mining
Industry
1213
4.3
149228
5.2
19668706
0.7
132
8664
30.7
1289290
45.2
668837212
22.5
519
18368
65.0
1415371
49.6
538386229
18.1
380
316785
11.1
143537212
4.82
453
Services
COPYRIGHT-BASED
INDUSTRIES
Core
Press & Literature
Music, Theater;
Opera
Motion Picture
& Video
Radio & TV
Photography
Software &
Databases
Visual & Graphic
Arts
Advertising
2853889
4466
15.8
251469
8.81
105450912
3.54
419
3541
12.5
177376
6.22
63407733
2.13
330
252
0.89
23099
0.81
11726015
0.39
508
60
0.21
3022
0.11
2233413
0.08
739
138
0.49
12777
0.45
13629900
0.46
1067
19
0.07
1002
0.04
122461
0.004
122
322
1.14
27607
0.97
11444727
0.38
416
3
0.01
85
0.003
3837
0.0001
45
1.34
0.47
6502
0.10
443
0.23
2882825
Thank you for your attention.
2014 Korea-Philippines
Copyright Forum
Success of
the Korean
Wave Hallyu
and Intellectual
Property
Hogab Kang
Strategies
CEO / Ph.D
DRM inside Co.,Ltd.
Do you remember
Freddie Aguilar?
- Freddie Aguilar is a Filipino singer
in the 1970s.
- He is the first artist whose song
was charted
in Top 5 Billboard Singles.
- Korean singer Jeong Yunseon
sang the remake of
his song under the title of
‘Son(Anak)’
http://www.youtube.com/watch?v=WgWxsh6RsbA
http://www.youtube.com/watch?v=-n-2lPzH7Do
35
Korean Wave (Hallyu)
Korean Wave 1.0
A
Worldwide
Hit
of Korean
Culture&Con
The Korean Wave
tentsis a neologism
(Hallyu)
Stage of
Develop
ment
popularity of South
Korean culture since
the late 1990s.
Recently, its contents
became increasingly
diversified not only in
pop culture such as
Korean Wave 3.0
Beginning step
Growth
Become a mainstream
culture
Period
From 1997s to mid2000s
From mid-2000s
The present
Major
Field
Dramas
K-Pop(Dramas, Movies,
Games, Characters)
Drama, Music, Game,
Korean Food, Hangul,
Fashion, Publications, etc.
China, Japan, Taiwan,
Southeast Asia
China, Japan, Taiwan,
Southeast Asia, the Middle
East, Central Asia, South
America, USA, Europe
The Whole World
referring to the
increase in the
Korean Wave 2.0
Area
Contents
- Drama Love what is
this, Dae Jang Guem(A
Jewel in the Palace) ,
Winter Sonata, etc.
- Movie ‘Swiri’ drew
audiences totaling
1.2milion in Japan
- Music HOT
performance was held
in Beijing
drama, movie, music
and game, but also in
food, cosmetics and
so on.
36
-It was revitalized by Kpop singers
-Super Junior, KARA,
Wonder Girls, 2NE1, etc.
-It has been widespread
due to the Social media
such as SNS, YouTube
- Korean Wave is
becoming popular not
only in dramas and Kpops but also in different
and various fields.
- Now it includes pop
culture and traditional
culture, beyond the media
contents.
Success Factor of Hallyu
Development of
IT Technology
& Spread of
Internet Supply
Among 50 million of Korean population,
Internet Users are 37
million
Smartphone Users are 26
million
As the time changes
→
PC /
Mp3
Mus
ic
from analogue to
→
digital, the Internet
has been developed
and online services
Smart
Phone
/Tablet
Movi
e
have been spread.
It became easy to
search and enjoy
→
Korean Wave
Contents online
through a wide range
Paper
Book
of devices. Thus, it
dramatically affected
on the progress of
digital culture.
37
e-Book
Total YouTube View
Korean Wave
→
DIGITAL Korean Wave
→
MOBILE Korean Wave
K-POP has been an
incredible hit with
development of social
2.0billi
on
N.Ame
rica
23,1
12,8
45
Europe
Asia
20,374,
814
48,52
3,
316
network services and
widespread diffusion
of smartphone.
S.Amer
ica
It no longer offers
4,139,
711
only one-way
Oceani
a
3,005,
058
contents but became
to perform mutual
interchange via social
networking sites in
real time.
National Views on ‘PSY GANGNAM
STYLE’ Music Video
2012.7.15 - 9.3
38
Contents
Digitalization
Music Market Case
Digitalization of
content contributes
2013
Rank
ing
Digital
Music
Market
2013
profit
(US$ Mil
lions)
Digital Music market
Ratio
in Music Market
1
USA
$4473.5
60%
2
JAPAN
$3012.0
16%
3
German
y
$1365.1
21%
4
UK
$1303.1
44%
5
France
$956.2
23%
6
Australi
a
$430.8
54%
7
Canada
$424.1
50%
8
Italy
$238.8
27%
9
Brazil
$227.9
34%
10
South
$221.3
51%
to success of Hallyu.
The Numbers of Record · Digital Music Market Sales
39
Recorded
Korea Music Revenues – Top 10 Markets summary
Contents
Digitalization
Digitalization of
content contributes
Cinema(Movies) Case - 1
The number and scale of
Korean films exportation
10-million viewer mark in
Korea Top 10
numbers of exported Korean films
Rakin
g
Movie Title
Audience
No.
Country
1
The Admiral : Roaring
Currents
15,117,606
Korea
2
Avatar
13,624,328
USA
3
The Host
13,019,740
Korea
4
The Thievers
12,983,330
Korea
5
Miracle in Cell No.7
12,811,206
Korea
6
Masquerade
12,319,542
Korea
7
King And The Clown
12,302,831
Korea
TaeGukGi: Brotherhood Of
11,746,135
War
Korea
08’
3
6
1
09’
2
5
1
10’
2
7
6
11’
3
6
6
12’
3
3
1
The amount of exported Korean
films (ten thousand)
08’
09’
$ $
21
03
14
12
10’
11’
12’
$ $ $
42
22
34
86
37
82
40
8
9
Haeundae
11,453,338
Korea
10
The Attorney
11,375,944
Korea
Contents
Digitalization
Cinema(Movies) Case - 2
Numbers of Audience and
(Market) Share of Korean and
Foreign Movies
Digitalization of
content contributes
5,556
Share (%)
4,446
4,295
4,282
4,015
55.4
52
43.6
56.9
46.6
61.4
48
56.4
43.1
53.4
38.6
44.6
3,966
3,880
3,560
3,282
3,233
3,007
2,691
2008 2009 2010 2011 2012 2013
Audience Number (ten
thousand)
Korean Movie
41
Foreign Movie
Improvement Plan
for the Contents Industry
Hallyu World Project
• Creating the base of
sustainable growth for
promoting content
distribution
• Arranging venues to
interchange cultural
experiences with people
around the world
• Creating the base of
industry competitiveness
for high quality contents
• Investing R&D related to
digital content creation,
distribution and copyright
protection
Promoting
the digital contents
industry
Diversity of
GovernmentSupported
Improvement Policies:
Its Contribution to the
Growth of Korean
Contents Industry.
Establish a law
In Regard to the Korean Wave
• Industrial development act for
popular culture
• A law for promoting culture art
sponsor
42
• A law for promoting
film and
video production
Intellectual property strategy
Copyright Protection
Conditions
in KOREA
•
United States Trade
•
Priority watch list
•
Watch list
Priority foreign
countries
Representative
(USTR) evaluates
each country’s
protection level of
Intellectual Property.
It classifies them as
Priority Foreign
Countries, Priority
watch list, Watch list.
KOREA,
20 years
since
1989
Priority watch
list
9times
43
Watch list
11time
s
In April 2009,
Illegal copies online market
Korea was released
from the Watch List.
HOW ?
253,655
187,007
165,798
1. Copyright law and
regulation system
85,914
85,637
2,877,092
improvement
1,781,262
2. Strengthening of
1,796,303
1,841,888
2011
2011년
2012
2012년
1,607,625
international
promotion of
copyright
protection effort
2008
2008년
2009
2009년
2010
2010년
3. Crackdown on
illegal contents on
amount of illegal copies (thousand)amount of money (in millions won)
the internet
44
4. Copyright
early 2000s
Efforts for Copyright
Protection
New technology
in the early 2000s
P2P site (Peer-to-peer network.)
Influences
1.
The rapid growth of
the internet and the
2.
diffusion of highspeed internet access
3.
services.
As the user interface
has been improved
Enables to upload and
download files by
unspecified individuals.
Content ecosystem
destruction due to the
illegal copy.
Legal conflict between
rights holders and P2P
service providers
with the dissemination
of high performance
Countermeasures
computer, P2P
service appeared,
activating illegal
copying of works.
Consideration of the
legislation for strengthening
copyright.
45
After 2005
Protection
New technology
after 2005
Webhard
There is content
alliance sales service
through the Webhard.
There are various
sets of regulations
such as illegal content
identification
technology to prevent
Influences
1.
Enables to upload and
download files by unspecified
individuals.
• Webhard service provider – Webhard platform
2. Infringement of copyright by
• Heavy uploader –contents upload
heavy uploader
• Webhard user – download
3. Content ecosystem
destruction due to the illegal
copy.
4. Legal conflict between rights
holders and Webhard service
providers
Countermeasures
illegal copy.
Amendment of the
copyright law
Article 104 (Liability, Etc.
of Special Types of Online
Service Providers) :
Online service providers
shall take necessary
measures such as technical
measures for blocking illegal
interactive transmission of
R&D for illegal copy
protection
Webhard
Registration System
Fingerprinting
Technologies :
- Identification of illegal
works
- Block off a illegal works
46
transfer as uploading or
downloading contents
such as comics, music and
Webhard service provider
should be registered in
the Korea
Communications
Commission
Negative service →
Positive service
Current
Protection
New technology
Current
BitTorrent
Online piracy market
using BitTorrent has
been activated.
It causes problems of
Intellectual property
infringement.
Influences
1. It can make the work of
others illegally shared and
distributed
• Sharing the seed files
can make illegal copy
contents downloadable.
2. Spread harmful contents
indiscriminately
• Download files in many
places around the world
at the same time.
Countermeasures
Efforts against illegal copy by
BitTorrent
1. Crakdown on BitTorrent sites
2. IP blocking access to BitTorrent
3. Development of the copy protection
technology against illegal copy by Torrent
47
Thank you.
감사합니다.
Salamat po.
48
II. HALLYU’s 4Ds
D1: DEFINITION OF HALLYU
D2: DELIGHT IN HALLYU
*Spatial
*Affective
*Comparative
*Political
*Novelty
*Cultural Proximity
*Pleasure and Fantasy
*Accessibility
D3: DERIVATIVES OF
HALLYU
D4: DIRECTION OF HALLYU
*Examples: drama remakes; fandom;
purchase of Korean products;
“pilgrimage” to Korea; etc.
Source: Lipura 2013; Survey: n=105
*Do you think Hallyu will last? Why?
Y-53; N-28; CONDITIONAL-24
[Methods of Access]
•Internet (Free and Charging Online
Tools/Platforms)
•Physical Stores
•Local Radio / TV Stations
•Cable Channels / TV Programs
Source: Survey: n=65
Kpop
64/65
Kdrama
61/65
Kmovie
50/65
15/65
11/65
1 D-addicts
2 PirateBay
3 KATph
4 Asiatorrents
5 Torrent
16/65
10/65
1 Piratebay
2 Asiatorrents
3 Torrent
4 Katph
5 Gooddrama.net
6 Dramania
5/65
32/65
22/65
1 Spotify
2 Mnet
3 Epdrama
1 Gooddrama.net
2 Dramafever
3 Dailymotion
OTHERS:
Dramago,
Dramacrazy,
Kshowonline,
Dramabay,
Epdrama,
Myasiantv,
Dramabeans,
Netflix,
Drama.net,
Mysoju,
Dramacool,
Sensentv,
Koreandrama.com,
Kimchidrama.com,
1 Gooddrama.net
2 Dramago
3 Viki
OTHERS:
Dailymotion, Drama.net,
Epdrama.com,
Dramacrazy.net,
Koreandrama.com,
Netflix,
Dramafire,
Dramacool.com
I. Internet
WHICH
INTERNET
PLAFORMS/
TOOLS
YouTube (Free) 39/65
7/65
Downloading
(Free)
1 K2nblog
2 iTunes
3 4shared.com
Streaming
(Free)
Website
(Purchase)
6/65
1 YesAsia
2 Amazon
3 FangirlAsia
0
0
SNS
(Purchase)
4/65
0
1 Nabisun Online
2 cjkfashion
3 WenidokaneWno
4 Kppopin
5 Seoul’d Out Manila
0
Others
4/65
Several choices
17/65
Borrow from others;
Don’t watch
7/65
Borrow from others
Kpop
Kdrama
Kmovie
II. Physical
Stores
31/65
6/65
6/65
WHICH
STORES
1 Odyssey
2 Astroplus/Astrovision
3 CNA
4 HMV Hong Kong
5 Concessionaires at
Kpop Events
6 Kyobo Korea
7 Myeongdong
8 SM Popup Store
1 168 Mall in Divisoria
2 DVD Stores in Binondo
3 TS Store Singapore
4 Astroplus/Astrovision
5 Video City
6 Kyobo Korea
1 TSStore Singapore
2 Kyobo Korea
3 HMV Hong Kong
4 Bangketa (Sidewalk)
5
Astrovision/Astroplus
6 Video City
III.
Local
Radio
Stations/Loc
al
TV
Stations
WHICH
RADIO/TV
STATIONS
LOCAL
STATION
9/65
1 101.9
2 106.7
3 93.1
RADIO TAGALOG VERSION IN TAGALOG VERSION
LOCAL TV STATION
IN
LOCAL
TV
24/65
STATION
15/65
1 ABSCBN
2 GMA
3 TV5
1 ABSCBN
2 GMA
3 CinemaOne
4 TV5
Kpop
Kdrama
IV.
Cable CABLE/LOCAL TV CABLE CHANNEL
Channels/T MUSIC PROGRAMS 44/65
26/65
V
Programs
1 MYX
1 KBS
WHICH
2 Channel M
PROGRAM 2 Channel M
S
3 KBS
3 Arirang
4 MTV
4 SBS
5 Arirang
5 TVN
6 Channel V
6 Mnet
7 MBC
8 Channel Red
Kmovie
CABLE CHANNEL
28/65
1 KBS
2 Screen Red
3 Arirang
4 Channel M
5 SBS
6 MNet
[INFO 1: LOCAL RADIO]
[INFO 2: LOCAL TV]
Source: Flores 2012; Sadorra 2012
[INFO 3: MUSIC TV PROGRAM]
[MYX Chart: 2013
Yearend Countdown]
9. I Got a Boy (Girl’s
Generation)
8. Growl (EXO)
2. Wolf (EXO)
*(One Direction: spots 1,
7, 19)
[INFO 4: STORES]
ASTROPLUS/ASTROVI FANGIRLASIA
SION
(Website)
(Store+Website)
ODYSSEY
(Store + Website)
KOREAN RAC
K/CORNER
Special Korean Corner:
2013
2009 part of SPIN Ma 2010
nila (FT Island concert
); 2010 registered co
mpany
OBJECTIVES
Widen market reach; re
spond to online request
s (since merchandises a
re only available usually
during launches)
Make available Korea
n merchandise to loca
l fans
Showcase escalating w
orldwide trend that Kpo
p is here in the Phil; ge
nerate sales; attract Kp
op fans to the store
SALES
Strong only during
album launches
Decreasing trend due
to underground
competition and a lot
have joined the
bandwagon
70% of audio sales
during peak (2010-12)
but now there are less
releases and kpop
activities
BESTSELLER
Previous years: SJ
Present: EXO
Previous years: SJ
and BigBang
Present: EXO
2009-11: SJ, Girls Gen,
BigBang
2012-13: SJ and EXO
2014: EXO
[SM Department Store]
[Motivations for Access]
Kpop
Kdrama
INTERNET 1
1
ACCESSIBILITY/ ACCESSIBILITY/AV
AVAILABILITY: AILABILITY:
Accessible,
Accessible/convenie
convenient/easier nt
/faster
2
2 ECONOMICS: COMPREHENSION:
Free
Subtitles
3 INFORMATION: 3 ECONOMICS:
Updated
Free
Kmovie
1
ACCESSIBILITY/
AVAILABILITY:
Accessible/conve
nient; can bring it
along
2
COMPREHENSI
ON: Subtitles
3 ECONOMICS:
Free
Kpop
Kdrama
Kmovie
1
1 QUALITY; Authentic
PHYSICAL 1
STORES FANDOM/PERSONAL ACCESSIBILITY/AVAILA
SATISFACTION:
Support artist; wants
original copy for
collection
BILITY: Convenient
2 ECONOMICS:
Cheaper; can have it
rented
2 QUALITY: Can
physically check the DVD;
better quality
3
2
ACCESSIBILITY/AVA
ILABILITY:
ACCESSIBILITY/AVAI 3
LABILITY:
FANDOM/PERSONAL
Convenient
No need to wait;
SATISFACTION: Wants
original copy for collection 4
convenient
FANDOM/PERSONA
3 QUALITY: Sees
L SATISFACTION:
product before buying;
Wants original
copy/collection
more secure
4 ECONOMICS: Cheap;
freebies
Kpop
CABLE
CHANNELS/
TV
PROGRAMS
Kdrama
Kmovie
1
1 KOREAN EXPERIENCE: 1 COMPREHENSION:
ACCESSIBILITY/AVAILA More authentic because
Subtitles are provided
BILITY:
Accessible; conversations are in Korean;
channel is readily available; to learn Korean language
2 KOREAN
EXPERIENCE: More
2
INFORMATION: 2 COMPREHENSION:
authentic
Updated; channels do Subtitles are provided
features on specific artists;
3 ACCESSIBILITY/
more info on various types 3 INFORMATION: Updated AVAILABILITY: Can
of music since they are
watch easily
played at random
4
ACCESSIBILITY/AVAILABI 4 INFORMATION:
3 QUALITY: Better quality LITY: Accessible/convenient Updated
4
INFRASTRUCTURE: 5 QUALITY: It’s HD
Internet
access
is
6 ECONOMICS: Free
unavailable
5 QUALITY: It’s HD
5 LEGALITY: Because it
is legal
7 LEGALITY: Because it
is legal
6 ECONOMICS: Free
LOCAL
RADIO/
TV
STATIONS
Kpop
Kdrama
Kmovie
1
ACCESSIBILITY/AV
AILABILITY:
Accessible;
convenient
1 PERSONAL
SATISFACTION:
Interest in
dubbing/translation;
curious
1
COMPREHENSION:
Easy to understand
2
ACCESSIBILITY/A
2. LEGALITY: Legal 2
VAILABILITY:
ACCESSIBILITY/AVAI Accessible;
3. PERSONAL
LABILITY: Accessible; convenient; can
SATISFACTION:
convenient; can watch watch and rewatch
many times over
Fun to request songs and rewatch many
times over
4. FAMILIARITY:
Knows DJs
[Consumer Insights on Copyright]
- Form of protection
- Anti-piracy
- Exclusive rights to invention/product
- Form of legal ownership of an idea/product
- Licensed ownership/Right of ownership
-Ownership of music/dramas/movies
-Patent/property rights
-Right to sellby producers/authors/makers
- Creation of strict laws against copyright violations
(b) HOW IS COPYRIGHT
PROTECTED IN YOUR VIEW?
- Buying original copies
- Imposing fines
- Strict monitoring of copyrighted material/s
- Buying from authorized seller
- Proper citation/acknowledgement
(c) HOW IS COPYRIGHT VIOLATED - Piracy
IN YOUR VIEW
- Any form of illegal downloading/online downloading
- Stealing intellectual property
- Illegal uploads
- If products are easily distributed
- Reproduction without acknowledgement
- Copying
When
products
are
not
sold in legitimate
shops/stores/malls
(a) WHAT IS YOUR IDEA OF
COPYRIGHT
[Perceived Consumer Behavior Towards
Accessing Copyrighted Products]
(a)
AWARENESS
OF LEGALITY
OF
DOWNLOADIN
G/
STREAMING
Kpop
KDrama
KMovie
Y-53
N-3
N/A-8
Don’t Care-1
RESPONSES:
1 Streaming/downloading can
be illegal or legal depending
on who uploads it/makes it
available
2 Even if they’re aware, they
think it’s still more convenient
3 Downloading for personal
use is illegal 4 All data should
be free in this day and age
5 Downloading is justifiable
because they buy the original
CD anyway
6 They see sharing files as
something that fans share
with one another
Y-34
N-25
N/A-6
RESPONSES:
1 Korean TV stations are
slow
to
provide
subtitles/don’t
offer
subtitles at all
2 Some are legal, some
are not
Y-37
N-5
N/A-23
RESPONSES:
1 Aware that it is illegal
but needs it because of
English subtitles
Kpop
KDrama
KMovie
(b)
PERCEIVED
REASONS
FOR
PREFERRIN
G ORIGINAL
CDs/DVDs
1 FAN PRIDE/FANDOM-RELATED: To support the artists; pirated ones
are unfair towards artists; doesn’t want artists’ hard work to go to waste;
for fan collection
2 QUALITY/AESTHETICS: Authentic; high quality; nice packaging
3 ECONOMICS: Extra freebies with no extra cost
4 LEGALITY: Because it is legal
5 SOCIAL CONTRIBUTION: Help the economy
(c)
PERCEIVED
REASONS
FOR
PURCHASIN
G
ORIGINAL
CDs/DVDs
1 FAN PRIDE/FANDOM-RELATED: To support the artists; for collection
purposes
2 QUALITY/AESTHETICS: Good quality; nice packaging
3 ECONOMICS: Extra freebies with no extra cost
4 ACCESSIBILITY/AVAILABILITY: Can watch over and over again; might
not find them again
5 SATISFACTION: Happy to have physical copies
(d)
PERCEIVED
REASONS
FOR
PURCHASIN
G PIRATED
CDs/DVDs
Kpop
KDrama
KMovie
1 ECONOMICS:
Expensive/no money
1 ECONOMICS:
Pirated ones are
cheaper
1 ECONOMICS:
Pirated ones are
cheaper; cannot buy
original ones
2
ACCESSIBILITY/AVAILA
BILITY: Original ones are
not readily accessible/hard
to find physical albums in
the Philippines
3 PRACTICALITY: Takes
up too much space for
collection (pirated are
easily disposable)
4 QUALITY: Some pirated
products can be of good
quality
2
ACCESSIBILITY/AVAI
LABILITY:
To watch it all at once;
original ones are not
available
2
ACCESSIBILITY/AVA
ILABILITY:
Convenient and
accessible;
can watch everything
3 INFRASTRUCTURE: at once
Slow internet
connection
Choi, Byoungsik, Ph.D.
Asian Center, UP Diliman
Table of contents
I. Current Status of the Use of Hallyu Content
II. Hallyu , Korea and Korean Enterprise
III. Korean Cultural Content and the Recognition of
Intellectual Property Right
IV. The Necessity of Cooperation between Korea and the
Philippines
V. Policy Cooperation Plan for the Development of Cultural
Industry of Korea and the Philippines
õSurvey period: August 26 – August 30, 2014
õSubject of the survey
120
100
80
60
40
20
0
113
71
49
17
I. Current Status of the Use of Hallyu Content and Policy
Implications in the Philippines
õCurrent Status of the Use of Hallyu Content
- Source of Encountering Hallyu Content
Source of Korean Culture Contents
Buy
12%
Stream
24%
Borrow
12%
Download
52%
• Current Status of the Use of Hallyu Content
- By Gender
Korean Entertainment Exposed to: by Gender
15
5
Female
20
48
80
7
16
Male
23
24
12
0
TV Shows
20
40
Computer Games
60
Movie
80
K-pop
100
Drama
- By Age
Korean Entertainment Exposed to: by Age
TV Shows
50-59
1
40-49
1
20-29
16-19
67
6
>15
0
Movie
K-pop
Drama
4
3
1 3 5
4 7
30-39
Computer
11 14
37
19
38
45
9 10
8 11
10
20
30
40
50
- By Civil Status
Korean Entertainment Exposed to: by Civil Status
Drama
80
70
60
50
40
30
20
10
0
K-pop
Movies
Computer
TV Shows
(blank)
68 66
36
20
24
14
5 7
Single
1
Married
7
1
1
(blank)
• Current Status of the Use of Hallyu content
- By Occupation
Korean Entertainment Exposed to: by Occupation
TV Showss
Computer
Movie
K-pop
Drama
Others
1
Professiona
4
4
1
2
9
15
Student
19
39
66
76
1
1
1
Businessman
2
Housewife
1
2
1
Employee
2
0
3
10
20
30
40
50
60
70
80
- By Education Level
Korean Entertainment Exposed to: by
Education Level
Drama
60
50
40
30
20
10
0
K-pop
Movie
Computer
TV Shows
57
53
32
19
14
34
1210
2
High school
level
6
College Level
4 3 1
Post
Graduate
2
1
Study abroad
• Preference of Hallyu Cultural Content
- By Classification
180
160
140
120
100
80
60
40
20
0
171
Preferred Korean Entertainment
131
86
62
31
10
10
- By Medium
200
Preferred Medium in Acquiring the
Korean Wave
165
150
100
50
30
26
2
0
6
9
5
7
Total
Internet
Newspaper
Books
TV
Friends
Korean product and services
Also, regardless of age, gender, income and other attributes,
the most preferred medium of acquiring Hallyu is the Internet.
- By Preferred Channel of Different Countries
Usually Checked Foreign News/Current Events
275
300
250
202
200
129
150
100
44
50
0
Korean
American
Chinese
Japanese
• Features of Hallyu Cultural Content
- By Gender
Perception of K-Pop, K-dramas, and K-movies:
by GenderFemale
Male
Sound
14
18
32
Pleasant
25
44
69
Sophisticated
13
22
35
Enjoyable
22
58
80
Attractive
3
21
24
Excellent
2
2
4
Unique
2
2
4
Familiar
1
1
2
Easy to understa
0
0
0
nd
- By Age
Perception of K-Pop, K-dramas, and K-movies: by Age
Under
15 - 29 30 - 39 40 - 49 50 - 59 60+
15
Sound
7
13
8
3
1 32
69
Pleasant
13
42
10
2
2
Sophisticat
ed
Enjoyabl
e
Attractive
Excellent
Unique
Familiar
7
13
12
3
10
34
32
2
2
80
5
7
3
3
10
1
1
1
24
4
4
2
1
1
1
35
- By Education Level
Perception of K-Pop, K-dramas, and K-movies: by Education Level
High sch
ool
Graduat Study abr
College
(&gradua
e
oad
te)
Sound
Pleasant
Sophisticated
Enjoyable
Attractive
Excellent
Unique
Familiar
93
50
37
12
7
3
0
0
137
65
38
40
9
59
5
9
18
4
24
3
0
1
0
2
0
0
1
0
1
0
47
60
13
86
8
II. Hallyu & Korea and Korean Enterprise
• Effects of Hallyu
- By Classification
Effects of Korean Wave: by Gender
Y
148
150
N
148
141
142
100
50
3745
4141
20
27
50
32
57
20
0
M
F
M
F
M
25
58
26
24
F
M
more interest in Kculture
F
M
recommend to other friends
willing to learn korean
like to eat Kfood
tempted to buy Kapparel
II. Hallyu , Korea and Korean Enterprise
- Purchase Intention for Korean Products
Effects of Korean Wave: by Gender
Y
180
N
160
140
120
F
M
F
M
F
M
F
M
100
80
60
40
20
0
F
M
F
M
tempted to buy Kapparel
buy Korean cosmetics
prefer buying Koreanbuy
electric
appliances
Korean
automobiles
visited Korea?
visit in the future
II. Hallyu, Korea and Korean Enterprise
- Purchase Intention for Korean Products
Effects of Korean wave: by Gender
Y
N
159
160
140
120
100
80
60
40
20
0
143
63
61
19
M
8
F
trust Korean
product
21
M
25
F
think Koreans
are easy to get
along with
4438
M
38
F
interested in
Korean
philosophy
138
133
130
51
31
M
34
F
willing to work
for a Korean
company
49
33
M
29
F
willing to study
abroad in
Korea
• National Image of Korea
- By Gender
Modern
Creative
Dynamic
Attractive
Honest
Global
Sound
Credible
Sophisticated
Artistic
Male
52
19
19
18
4
27
4
4
11
6
Female
85
46
28
42
9
59
4
6
17
40
Total
137
65
47
60
13
86
8
10
28
46
• National Image of Korea
- By Age
Modern
Creative
Dynamic
Attractive
Honest
Global
Sound
Credible
Sophisticate
d
Artistic
Under 15 15 - 29
25
62
12
32
10
26
14
22
3
3
8
43
1
5
2
5
30 - 39
40
16
11
21
5
27
2
2
40 - 49
6
3
0
1
2
5
0
2
50 - 59
3
2
0
2
0
2
0
0
60+
1
0
0
0
0
1
0
0
137
65
47
60
13
86
8
11
10
10
6
1
0
0
27
0
0
0
0
0
0
0
All ages viewed Korea as a Modern country. Furthermore,
younger generation find
III. Korean Cultural Content and the Recognition of Intellectual
Property Right
• By Gender
Stand against Piracy
Negative
135
150
100
50
Positive
66
16
32
0
Male
Female
Property Right
• By Age
Negative
Positive
100
92
90
80
70
60
60
50
40
36
30
23
20
10
13
8
10
0
1
Under 15
15 - 19
20 - 29
30 - 39
3
2
40 - 49
1
50 -59
Property Right
• By Education Level
Positive
Study abroad
Negative
1
1
Graduate
9
15
College
48
32
High school
143
0
50
100
150
IV. The Necessity of Cooperation between Korea and the
Philippines
Country Relations
199
200
180
163
156
160
140
120
94
100
87
80
60
51
40
20
0
No
Yes
Harmonization with
the Filipino culture
No
Yes
Involvement in the
development of the Filipino
No
Yes
International Competitiveness
with mutual help
• Limitations of reliance on regulation with regard to
Intellectual Property Right
• The 3rd way: A cooperation model through the establishment
of PHIL-KOR Cultural Content Foundation (tentative name)
• Ways of fund-raising
- Korean and Philippine governments (Financial support of the Korean
government and physical support of the Philippine government)
- Korean companies launched in the Philippines(Export of industrial
products): Donation (tax privileges of the Philippine government)
- A portion of the profit, which belongs to Korean entertainment
enterprise, earned through sales (DVDs, etc.) and performance
- Others
• Role
-Support for the promotion of Philippine venture business
-Korean local autonomous entity (attracting tourists)and helping
English translation for Korean companies
-Support for the globalization of Korea and Korean enterprise
(including English translation)
*Korean educational institution (e.g. King Sejong Institute
Foundation under the Ministry of Culture, Sports and
Tourism)
*Korean language educational institution of the Philippines
(e.g. Universities and TESDA)
-Cohosting international movie festival with the consideration of
Philippines’ outstanding vacation spots (e.g. Busan International
movie festival)
-Others
• Participating institutions
-Korean government (Appearance of a minimum
fund; Korea Copyright Commission)
-Philippine government (Physical appearance)
-Korean enterprise and academia
Ferdinand M. Negre
COPYRIGHT AND OTHER IP RIGHTS
Kho v. Court of Appeals, 379 SCRA 410 (2002)
DRAWINGS AND FUNCTIONAL PRODUCTS
Pearl & Dean v. Shoemart, 409 SCRA 231 (2003)
FUNCTIONAL PRODUCTS
Ching vs. Salinas (G.R. No. 161295, June 29, 2005)
WORKS OF APPLIED ART
PHOTOS AND FACTS
PERFORMING ARTS
Theatres (Musicals, Dances, Dramas and Stand-up
Shows)
•
Choreography?
•Arrangements?
VISUAL ARTS
Paintings, Sculptures and Fine Arts
•
Imitations, Reproductions and Forgeries
•REPUBLIC ACT NO. 9105, April 14, 2001
•
Display Rights
MUSIC
•
Samplings, Mashups and Remixes
•
Torrents
BOOKS AND LITERARY WORKS
https://www.dropbox.com/s/juouly37h7j2if5/Express%20Copy.avi?dl
=0
Technische Universität Darmstadt V. Eugen Ulmer KG, ECJ Case
C-117/13, 11 September 2014
The GOOGLE BOOKS DIGITAL PROJECT, Authors Guild v.
Hathitrust, NV-12-45-47-cv, CA 2nd Cir. June 10, 2014
•
Full-Text Searchable Database
•
Format Accessible to DAP
•
Orphan Works
AUDIOVISUAL WORKS AND FILMS
WHO OWNS THE COPYRIGHT?
§ Creator = Author
§ Employee’s work
o Regularly assigned duties?
§ Commissioned Work
o Author; Subject to agreement
WHO OWNS THE COPYRIGHT?
For audiovisual work, the copyright shall belong to: the pr
oducer,
the author of the scenario,
the composer of the music,
the film director, and
the author of the work so adapted.
However, subject to contrary or other stipulations among t
he creators, the producer shall exercise the copyright to an
extent required for the exhibition of the work in any mann
er, except for the right to collect performing license fees fo
r the performance of musical compositions, with or withou
t words, which are incorporated into the work.
õ Legal Framework:
â Copyright Amendments
â IPO’s Inspection and Visitorial powers
â Enhanced Enforcement Rules
Ý SW applications, summary prosecution, etc.
â Creation of Bureau of Copyright
Ý Mediate disputes
Ý Supervise CMOs
õ Law cannot cope with Technology: Internet,
Satellite and Cable Broadcasting, i.e. borderless
market difficult to police.
â Continuous and Immediate Adaptation
“Copyright is an exceptionally dynamic body of la
w… the law of copyright is a form of legal adaptati
on, a response to new technologies in the repro
duction and distribution of human expression – or,
more precisely, to the social, cultural, and economi
c trend unleashed by these technologies.”
Copyright Law
(Seventh Ed., Joyce, Leafer, et.al.)
õ“In all likelihood, this judgment sheds
some light, once more, on the limits of the
InfoSoc Directive, which aimed at
harmonising certain aspects of copyright in
the information society, and its inability to
adapt to ever-evolving technologies and
needs.”
Ý Bird & Bird referring to Technische Universität Darmstadt V. Eugen
Ulmer KG, ECJ Case C-117/13, 11 September 2014
õEducation Campaign
â Business , e.g. ECHO
â Lawyers, e.g. Kho, Pearl & Dean, Ching
â Users of Copyright Works
Ý End-Users: “Everything is Free on the Net”
Ý Middle-Users or Creators of Derivative Works
õStill A Private Right – Copyright-holder’s
involvement and commitment
âSustained Anti-Piracy Campaign
Ferdinand M. Negre
Bengzon Negre Untalan
Intellectual Property Attorneys
2nd Floor SEDCCO Building
120 Rada Street, Legaspi Village
Makati City
www.iplaw.ph
fnegre@iplaw.ph

2014 KOREA-PHILIPPINES COPYRIGHT FORUM

Transcription

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