The global success of BTS hasn’t gone unnoticed in the US, as Korea remains an excellent market for foreign companies actively pursuing content partnerships in Asia. Over the last decade, IPG Legal has built significant relationships with major entertainment companies in Korea and abroad and worked on several international collaborations. British singer Ed Sheeran is the latest foreign entertainer to collaborate with a K-Pop band. Sheeran co-wrote the lyrics for the BTS single “Permission to Dance.” International content and entertainment
Continue readingCategory: Korean Entertainment Law
South Korean Gambling Laws Explained
Casinos and sports betting remain a risky venture within South Korea for locals and foreigners wanting to gamble online. Gambling is still strictly taboo amongst South Koreans, as the majority of land-based casinos cater to tourists and long-term expatriates residents. South Koreans are subject to strict gambling regulations. Koreans are limited to visiting Kangwon Land Casino on the outskirts of Seoul for legalised gambling. The Special Act on the Assistance to Development of Abandoned Mines, protects locals playing at Kangwon
Continue readingNavigating Korea’s Inheritance Law: Korean Inheritance Laws Basics Explained
Sean C. Hayes and the team at IPG Legal field many inquiries from international clients for assistance with inheritance issues in South Korea. Many clients that we talk with are children of Korean descendants who have passed away without a will. This week we saw another ruling on inheritance issues with the surviving family of K-pop star Goo Hara. After a nine-month battle, the Gwanju Family Court ruled that the inheritance be split, with the singer’s brother getting 60% of
Continue readingA “Tasty” Exclusive Agent Agreement for Artists & Entertainers in Korea: Entertainment Law Basics in Korea
The Fair Trade Commission of Korea (FTC) created a sample standard-form Exclusive Agent Agreement for Entertainment Agreements, in Korea, that was, recently, challenged by the Chinese Band Twin Duo “Tasty.” The Chinese band filed a lawsuit against the Korean entertainment company – SM C&C – in order to invalidate a 7-year exclusive agent agreement – claiming that because of major differences with the Korean entertainment company, the relationship between the parties was frustrated. SM utilized a standard-form agency agreement that
Continue readingPublicity Rights/Portrait Rights in Korea: Entertainment Law Basics in Korea
The Seoul Central District Court delivered, in mid 2016, a decision ruling that an individual’s publicity rights (portrait rights) were violated by a person sharing an image on a public social media site. The violators were sharing the images for commercial purposes and shared the images without the publisher’s consent (Seoul Central District Court 2015GaDan5324874). FACTS Mr. A posted photos of himself on his Instagram Page. Mr. B utilzed those photos on Naver’s Band without Mr. A’s consent. Band is
Continue readingEnglish-speaking Korean lawyers and International Lawyers at International Law Firm in Korea discussing issues of Korean Law
IPG Legal is a leading client-focused international law firm with offices in Korea that is, often, selected over the ubiquitous Korean Law Firms when success is essential and success depends on nuanced street-smart advice, proactive and unconflicted representation. Our attorneys are, intentionally. different from the crowd. From our retired judge partners to our junior associates, we are all trained with an intense focus on client success, lawyer proactivity, and to understand the nexus between your commercial and legal needs. Our attorneys
Continue readingSearching Trademark & Service Marks in Korea: Register your Trademarks/Service Marks Prior to Doing Business in Korea
Prior to marketing products, services or a business in Korea do a thorough search for like trademarks/service marks in Korea, then, have your trademarks/service marks registered in Korea – if you don’t want the added cost of litigating a matter at a Korean court. If you have patents, don’t forget to, also, register your patents and other intellectual property. Your U.S. and E.U. trademark, service mark and patent filings are not enough. These “international filings” only gives you a grace
Continue readingKorean Talent can Increase your Brand’s Exposure in the West by Dan Gardner
Football does funny things to people it, even, makes men cry. You can’t put into words the hollow feeling a Liverpool fan feels when losing to Manchester United fan – the feeling is akin to a death in the family. The transfer season in football is a stressful time for most football fans. Player transfers can generally make or break your team’s season, star signings by a manager can generally mean glory for fans and commercial bonanza for teams. A
Continue readingKorean Tax Laws on Entertainment Companies in Korea: Overseas Tax Deductions
Korean Tax Laws have been amended to tighten rules on exemptions for foreign and domestic companies and individuals. I have reported on a number of this changes in this blog. One change that is having an impact on Entertainment Companies is the reduction in exemptions for companies selling movies and games overseas. Additional information on this topic can be found at: The Korean Entertainment Law Blog. Before the amendment to this Tax Law, The Korean National Tax Service allowed Korean
Continue readingKorean Tourism Infrastructure Improving: Special Act for the Expansion of Tourism Accommodation
The Korean Tourism Organization under the leadership of a German-born non-ethnic Korean is the greatest reason for the increase in the number of tourists in Korea. The KTO has been transformed from a government black hole into a vibrant organization with a bold vision. One of the most significant issues for tourists visiting Korea, because of the drastic increase in tourism over the past few years, has been the lack of adequate accommodation. Seoul is notorious for having, during peak
Continue readingHow Sustainable is the Korea-Pop Music Phenomenon?
Among the many topics that have surfaced during the past two months as I traveled about Ireland and the US West Coast, I settled on the below, current report as I have been thinking for months of writing a column on just what the Korea Wave or Hallyu may actually be or not be. Samsung Economic Research Institute (SERI) does a decent job in describing what are the results of Hallyu around the world. The analyst provides a decent account
Continue readingStatus of Interns Under the Korean Labor Standards Act: Employees Entitled to Severance/Minimum Wage?
Interns in Korea may be considered Employees under the Korean Labor Standards Act, thus, entitling the interns to minimum wage, severance and the numerous other protections and benefits under the Act. The matter is having an impact on franchises, entertainment companies, and other SMEs. The, incredibly vague, Employment & Labor Ministry Guideline 826 (April 7, 2009) notes, in part, that: If a person is considered an employee under the Labor Standards Act shall be determined by considering the subordinate
Continue readingSecond-Screen Legal Issues Addressed by Attorney Sean Hayes at MIPCOM in Cannes, France
The following article appears in MIPCOM. MIPCOM’s website may be found here. Primary Issues for Second Screen “The Second-screen format that enables viewers to interact with TV content via social media could be opening up a tangle of legal issues, concluded speakers at Second Screen – Legal Issues and Solutions. Organized by the International Association of Entertainment Lawyers, the speakers noted that viewers’ ability to access extra TV-related content on smartphones and tablets posed new legal challenges for broadcasters and
Continue readingK-Pop Star Psy and Currency Swaps – Interesting Article on the Continued Ascent of “Brand Korea”
Reuters, in a new article co-written by Se Young Lee and Christine Kim, has made out yet another case for the impressive popularity of “Brand Korea.” Korea’s government recently announced three currency swap deals worth more than USD 20 billion. What makes things truly remarkable about all this is that Korea is able to couple its economic prosperity with cultural influence in Asia and, now, even North America. The result, as we know, is a booming situation on the peninsula
Continue readingSean Hayes Attends American Bar Association’s Forum on Franchising
IPG has one of the leading practices in Franchise and Distribution in Asia. Sean Hayes will attend the American Bar Association’s Forum on Franchising. From the event’s brochure: Welcome to the 36th Annual forum on Franchising at the Rosen Shingle Creek Resort in Orlando, Florida on October 16-18, 2013. Starting on Wednesday, October 16, highly-experienced franchise attorneys will present Fundamentals of Franchising, the finest course available on the basics of franchise law. Two additional five-hour intensive programs will also be
Continue reading‘Meet the Lawyers’ Session at MIPCOM Features Sean Hayes
Along with the speech by attorney Sean Hayes at MIPCOM on October 8, 2013 – Sean participated in a session entitled ‘Meet the Lawyers.’ Sean discussed, during the session, issues related to the clearing and acquisition of intellectual property in Asia. In attendance were attorneys from Germany, Holland, Turkey, Korea, the UK and the US. Other articles that may be of interest that relate to MIPCOM: Sean Hayes Speech on Second Screen Legal Issues Reported in MIPCOM News October 9,
Continue readingSean Hayes will be Speaking at MIPCOM
MIPCOM promotional materials regarding Sean’s speech: As the popularity of second-screen apps and automated content recognition (ACR) grows, so do its legal and technical issues. Do these apps have the rights to use content from television programs? Who owns the digital fingerprints and who has the right to use them in conjunction with network programs? Who owns the second-screen experience and the relationship with the viewer? Our panel of experts will discuss the current law in the TV space and
Continue readingBusiness Opportunities in Korea for Entertainment Companies
I just read a blog post by my friends over at the China Law Blog that motivated me to write the following post. Korea is an excellent testing ground to determine the feasibility of your business for other Asian markets such as China or Japan. The country has, also, proven more profitable, for many businesses, than the often too hard to catch “Chinese Middle Class.” The following is a list of some industries that are successful in Korea: 1. Franchises.
Continue readingEnforcing your Trademark Rights in Korea: IP Protection Strategies for Korea
Please register all of your trademarks and other intellectual property in Korea. Yes, your “international filing” is not good enough. You must, before engaging in any additional consideration of doing business in Korea register your IP in Korea. Don’t even read further. Contact us and we will happily advise a good patent/trademark agent to utilize. No need to get a law firm to do this for you – the agents are, typically, adequate for most non-complex filings. After registering all
Continue readingMinistry of National Defense Abolishes Entertainment Soldiers
The majority of Korean men have to serve two years in the Korean military. Refusal to serve or attempting to avoid service, typically, leads to a jail sentence. The situation, in the past, was a little less burdensome for the rich, connected and for entertainers (singers, actors etc.). The situation is changing. Many of rich and connected that have attempted to avoid military service have been prosecuted and now entertainers will, also, have to serve in a fashion typical to
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