Hello. I am attorney Shin Jun-seon from the law firm Cheongchul.

As online video platforms, including YouTube, establish themselves as the center of the content ecosystem, legacy media such as broadcasters and newspapers are also including the operation of YouTube channels as a core business area. Especially as YouTube has positioned itself not just as an entertainment platform but as a major channel for information searching and a gateway for knowledge acquisition, the economic value and influence of online content have increased significantly.

In this changing media environment, copyright disputes related to YouTube content are unfolding in new ways. Particularly, there is a surge in copyright infringement cases, including instances where influential creators' content is used without permission by other channels, and even legacy media are broadcasting, editing, and inserting others' YouTube videos into their programs without proper licensing.

[Question] What are the responses if a broadcaster unlawfully uses my YouTube video?

[Answer]

1. Forms of Copyright Infringement in YouTube Content

Copyright infringement of YouTube content can take various forms. For example, there may be instances where other YouTubers or content creators unlawfully replicate popular videos and upload them to their own channels, or legacy media such as broadcasters edit and insert YouTube content into their programs without obtaining proper permission and then distribute it through various platforms. Particularly in the latter case, multiple uses through various media such as TV broadcasts, VOD services, OTT platforms, and official YouTube channels may result in a more serious level of infringement.

2. Nature of Infringed Copyrights and Penalty Regulations

If someone uses content uploaded to another's YouTube channel without authorization, infringement occurs on the reproduction rights as a copyright property due to unauthorized duplication, as well as public transmission rights and distribution rights due to unauthorized broadcasting or online provision. Additionally, from the aspect of moral rights, unauthorized editors infringe on the right of integrity by editing the video arbitrarily, and if they fail to credit the original creator, the right to attribution is also infringed.

Such copyright infringement acts are subject to damages claims under copyright law and criminal penalties such as imprisonment or fines (Article 125, 126, 136 of the Copyright Act).

Moreover, if a creator's or third party's face is exposed in the video, issues related to the right of publicity may also arise.

3. Practical Response Measures and Actual Consultation Cases

To effectively respond to copyright infringement, it is essential to quickly secure evidence of the infringement. For broadcasts, it is important to record or capture the broadcast, and also to specifically document the content distribution status through online platforms and other channels. Afterward, legal consultation should be sought, and through notices of contents, the infringement should be detailed and damage compensation claimed, while also taking steps such as requests for cessation of posting to prevent further infringement.

When calculating damages, it is necessary to comprehensively consider the costs involved in video production, the customary usage fees, and legal consultation fees. In particular, if the other party operates a media company with expertise and influence, a higher level of duty of care is expected, which can be considered in calculating the damage amount.

In a recent actual consultation case, a YouTube creator had a video they planned and filmed overseas unlawfully edited and used for about 3 minutes by a broadcasting company in a variety show. Although the broadcast did display the original creator's YouTube channel name, it did not seek permission from the actual channel operator. Furthermore, the broadcast not only aired on TV but also distributed the segment through various platforms, including OTT platforms and the official YouTube channel of the media company, and the infringement continued.

In this case, the YouTuber had invested significant production costs due to overseas filming, yet the broadcaster unlawfully used the video without prior consultation or permission, also infringing on the rights of the participants. Attorney Shin Jun-seon sent a notice detailing the contents of the copyright infringement and the legal basis for the damages claim, and through this, the other party acknowledged the infringement and promised to compensate for the content use and prevent recurrence, successfully resolving the dispute.

4. Conclusion

As the economic value of online content increases, copyright infringement is becoming more sophisticated and diverse. Particularly, if the entity committing unauthorized use is an influential media company, the resultant infringement is unlikely to be singular and could lead to a cascade of rights violations that make it difficult to assess the extent of damages from just one act of illegal copying.

Therefore, content creators need to prepare a legal response system in advance to protect their rights, regardless of the other party's standing in the media market, and in the event of actual infringement, they should swiftly secure evidence and respond decisively with the assistance of experts to safeguard their legitimate rights as copyright owners, prevent additional damage, and take appropriate legal actions for recovery, such as damage claims.

Attorney Shin Jun-seon has extensive experience in consulting and resolving various copyright dispute cases. If you need legal advice related to copyright infringement on YouTube content or related matters, please feel free to contact us at any time.