BTS photos.. infringed?

Global boy group BTS, as the high popularity of the group, the infringement of the right to publicity also occurred frequently. Recently, Big Hit Entertainment, BTS agency (hereafter Big Hit Enter) filed an application for a ban on publication against the monthly entertainment magazines.

Magazines with BTS meet the public's right to know,

In August last year, Big Hit Enter filed a lawsuit against the magazine publisher Mr.A to ban on publishing the magazine. The magazine had published BTS photos and articles extensively in its magazine about four times. Nearly half of total 108 pages of magazine, 45-65 pages are consisted of BTS.

BTS, Big Hit Entertainment (BTS official homepage)

In response, Big Hit Enter filed a provisional disposition claiming that it violated the rights of BTS and said that it was a photobook without consent. The magazine disputed Big Hit Enter's claim that it was a legitimate press activity.

Eventually, the magazine publisher won the first trial. The trial court said that 'the magazine appeared to have some commercial purpose, but it did not infringe on the company’s profits by dedicating the pages to satisfy the public's right to know about BTS that is receiving much attention.' Dismissed.

Reversed 2^nd trial!,

Big Hit Enter immediately appealed. According to the Unfair Competition Prevention Act, Big Hit Enter claimed that the issuer A has violated economic interests by using Big Hit Enter's performance without permission. The names, logos, portraits, and images of BTS are 'performance', and claiming that Big Hit Enterer is the owner of BTS, and he needs to protect the legitimate interests of his achievements.

“ an act of falsely assuming another person’s goods, or an act of making a mark or advertising in at information useful for business activities that are not publicly known, has independent economic value, and has been maintained and managed as secrets through considerable efforts; “

– Unfair competition Prevention Act Article 2 Clause 1

Big Hit Enter also claimed that the magazine company published the same type of magazine was issued during the lawsuit, and that it had mislead consumers by stating false facts as if it had been officially approved by Big Hit Enter.

Bit Hit Entertainment (Big Hit Entertainment official homepage)

As a result, the second trial was overturned. The trial judge said, 'In order to increase sales by the customer attraction of BTS, the magazine did not obtain the consent of Bit Hit Enter about selling the magazine like a real photo album.' He referred to it as a "real photo book" rather than a regular magazine, and ordered to stop publishing and selling the magazines. In other words, it illegally violated Big Hit Enter's interests, so he raised Big Hit Enter's hand.

It is not yet known whether the magazine has filed an appeal, but the second trial is likely to remain the first case of acknowledging exclusive rights to the artists of Entertainment company.