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Intellectual Property and Ripping Shit Off in Korea

August 1, 2013

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Ok, so this is a bit of a random topic, but it’s something we feel is worth talking about. It doesn’t have a lot of practical info for you if you’re coming to visit Korea. Not like you need to know what things to pack and, also, worry about your copyrights, but it’s a topic we’re somewhat passionate about, since it’s one that affects us. Korean businesses rip off a lot of other people’s shit, and that freaking sucks. We talked about a couple of stories today in which we were affected, but there are others, some of which we had to settle out of court, that we won’t be talking about here.

The legal jargon of copyrights and intellectual properties is something that’s beyond us. I’m sure there’s a lot of legality to the issue that we just don’t have the knowledge to speak about, and I’m sure some people who are lawyers in Korea will be able to say in so many words that it’s not copyright infringement if blankity blank blank fart blank. Or, who knows: maybe there are some laws about international intellectual property here in Korea that allow for Angelina Jolie bars to run. Or maybe Angelina Jolie was like “yeah! I’d love to have my pics all over a bar in Bucheon” Who knows. All we can really comment on is our experiences and how we perceive the situations around us.

At the same time, I remember reading a while ago that a tech company, namely SpaceX, won’t patent its intellectual property, simply because China would just use that as a recipe book. Great metaphor, really, and basically gives us the impression that we have here. Ideas from other countries can be ripped off, and there isn’t really much that can be done to stop it.

Side note: I know some of you know what company we were referring to that took a lot of our footage after we refused to be on the show. Buuut, notice how we didn’t name them? Why, you might ask? Defamation laws! Korea’s got some bizarre laws in which you can’t publicly say bad things about people, even if those things are freaking goddamned 100% true. We have close friends of ours who recently got fired from their schools wrongfully, and assaulted by the school’s owner as well, but they can’t go public with that on the internet because they’d get sued for defamation. I’m sure that there’s more subtlety and variation to the law, but we’re not familiar enough with it. All we know is that it’s damning enough to be afraid of speaking out publicly. And, seeing how this is a big company that we’re talking about, and we’re just petty foreigners with little protection here, we’re going to be as vague as possible. Yep.

Anyhow, you heard us also mention in the video the idea not only that we didn’t want to be in that major network’s video, but also the reason WHY we didn’t want to be there, which we just touched on a bit. Basically, we get contacted from time to time from TV shows who want us to play the role of the fun foreign couple who comes to Korea and is amazed by everything. “Oh! The food is so spicy but so delicious! We did not know your country makes such great food! Wow! And it is good for your health too! This country amazes me so much!” What’s bizarre about these shows is that they’re on Korean channels, spoken by Korean hosts, subtitled in Korean (or, they even want us to say these things in Korean), and aired for a Korean audience. What purpose do these shows serve, apart from feeding the audience’s sense of nationalism and pride? It’s not educational. It’s not meant for other countries to watch. It’s ego-stroking, really. We agreed to do those shows before we really knew what they were like and the message they conveyed, but now we’re not interested in doing them. Does that mean that we refuse all shows? No. There’s another major network we’ve been speaking with who have suggested a cool concept for a show, which we’re totally down for, and which doesn’t reek of nationalism.

And, sure, I know some people will say that the nature of those shows we’re against is essentially what we do with our videos as well: we’re showing the world the awesomeness of Korea. But there’s a difference, I think. We can talk about things that are annoying. We can say what we think is wrong. Sure, whenever we do say something negative it’ll come at the cost of getting nationalist netizens demanding our deportation, but we’re at least trying to come at Korea with a grain of salt. We’re more interested in sharing our stories, rather than spreading a message of Korea’s supremity. We’ll do the same no matter what country we’re in.

Ok, this got a bit heated. Sorry for ranting. This TV show thing annoyed us, and what better place to talk about it than here? You guise are cool people with whom we can discuss these things rationally. You commenting Nasties are legit :D We’re more than ok with talking about any of the points here, about copyrights and intellectual property and trying to get a better understanding of Korea’s stance on it, or even about our positions on different kinds of Korean TV shows with foreigners. Let us know what you think.

Oh, and lastly, if you like this video and want more like em, click on this button below to let us know. It’s definitely worth the energy it takes to click the button :D

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Intellectual Property and Ripping Shit Off in Korea

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  1. Speaking of this topic… I thought I heard EYK music used on a Jenna Marbles video…. But I saw this video a while back… Maybe I’m wrong…

    7 years ago
  2. Great topic! had fun reading through the nasty comments too! There are some interesting opinions floating around here!

    7 years ago
  3. Seriously, I do know that if every single hollywood stars, corporate owners of the said product, the GM of Chicago bulls saw those illegit usage 100% sure they will be all shut down. I know it will be a pain in the a** but its the idea of other people that they are using. For you two Simon and Martina I feel your pain when other people use your videos without any permission. Such a pain. Come on Korea you must use your creativity to create your logo.

    7 years ago
  4. I hate how people seem to have no respect for people or their property I can only hope that the next generations will do better :(

    7 years ago
  5. This comment is addressed to Martina, Simon, SooZee or Leigh (when she gets back). Y’know, whoever happens to open it first. In your most recent TL;DR: TL;DR – Intellectual Property and Ripping Shit Off in Korea, you mention so many things that I sometimes don’t even think about since the type of copyright stuff does not concern me yet (at this stage in my life anyway). A lot of people agree with what you’re saying and I generally don’t approve of people taking stuff from other no matter WHAT country it is. BUT as a result of this video, some people think you guise might not be doing your videos so… legally, either. I honestly just want to know. Here is a comment from the video. “wait this bring me to a question does eatyou’tkimchi get permission to use k pop clips they show on eatyou’rkimchi show? like from any of k pop agencies like sm/jyp/yg??” <—(word for word). I hadn't really thought of it like that and if I did, it wasn't a prominent thought in my mind. So I asked about the people who do reaction videos and this same person said, "thats really up to them some people do reaction to connect with other k pop fans i know some very populer k pop reaction vlogger is nolonger doing it any more because she recived multiple warnings point is SandM is pobly illegally using k pop clips" <—(word for word, again. So. Much. Grammar. Mistakes.) I don't think this person has malicious intent but it caught my attention. Anyway I was wondering if you could talk about it in anyone of your segments for a little bit. It could be in a Kpop Music Monday or a TL;DR (not through the whole video but just a little something to inform people). And I'd like to know as well. Thank you for you time Mr.& Mrs. Stawski.*

    P.S. I'm really not sure what this qualifies as. I was wondering if it should just be a comment on YouTube (not enough space), a comment in your eatyourkimchi blog, or in the personal inquiries section. But I'm a bit confused now. Do you answer these types of questions in this section? I know you specifically say, "Is this a question for our TL;DR segment? Ask it in the comment section to our video!" But honestly if you do happen to answer this through a video, you can put it where you want because I doubt you'd want to make a full TL;DR about such a similar topic.

    P.P.S.*Does it feel odd/strange in ANY way to have strangers (first time viewers) and Nasties alike call you Simon and Martina? Do you feel, I don't know, disrespected in any way?*

    7 years ago
    • Jokerfish has it right. The insert only a small portion of the full video which is well within the fair use clause.

      7 years ago
    • copyright laws usually have a fair use clauses that allow for brief clips of copyrighted materials to be used as long as the person using the clips are compiling them in a unique way for one of a handful of purposes like commentary, news report, criticism, teaching ect.

      So because Music monday is a review/commentary/criticism video it’s within fair use to use clips to illustrate their points.

      7 years ago
    • Great point, I agree

      7 years ago
    • Sorry I’m not Simon or Martina, but regarding the possible copyright infringement by EYK I’m pretty sure they aren’t doing anything wrong. S&M aren’t taking these KPOP MVs and saying “Hey look at what we did”. It’s more of “Hey look at this MV that (Band) released. Here’s what we think”. It’s like citing an author in a research paper. You can use a direct quote so long as you don’t claim you were the one that said it. Full credit is still being given to the band (and by extension the entertainment company) for every song they review.

      7 years ago
      • I’m a huge fan of Simon and Martina, I love watching their videos; and I’d love to stand up for them for that concept of “fair use,” but I can’t because they profit off merch with labels such as “Taemin” or “B2ST” Are they getting permission from B2ST or Taemin or their companies? I doubt it. Sorry to seem like such a bitch, but I’m just kind of pointing it out since I saw someone write it in the YT comments and I totally agree.

        7 years ago
        • There isn’t a problem with Taemin because it’s just a name. From a legal stand point they could be referring to anyone named Taemin. I know we all know which Taemin, but there’s no copyright on someone’s first name. As far as B2ST goes, I’m not really sure. There might not be a problem at all because their MVs and stuff are copyrighted but not their actual band name. But like I said I’m not really too sure about that one. Either way there’s no malicious intent behind the usage of either of these.

          7 years ago
        • Understood, haha. But from my point of view, there was no malicious intent behind the usage of their videos during the KBS video, I think they’re just being hypocrites. But, I understand because they were NOT CREDITED AT ALL, even their watermark was covered. O well, there’s always different ways of looking at it.

          7 years ago
  6. How badly would I been seen if I politely ask that you treat the s word as a inappropriate word and edit it out? I know many may disagree, but it is still one of the words I don’t want my young son blurting out in front of people. I really like the family friendly feel and being able to watch this with my family. Thank you for understanding.

    7 years ago
    • It’s really only this video, and this is an issue they feel strongly about. Surely it isn’t too big of a deal.

      7 years ago
    • Unfortunately, this isn’t a family show(it’s not appropriate for children at least).

      7 years ago
      • The sad thing is that it used to be more so. Though I am not saying it was ever a kid’s show, it used to be where anyone could watch. It was even for educational purposes. Here lately, it has moved away from that. Simon and Martina even have mentioned something to that effect in their videos. This saddens me. I miss being able to watch it anywhere. Now I can’t even go to the Eatyourkimchi web page without seeing a word I consider inappropriate. All I am requesting is turning it into something like this: [email protected]&! and adding it to the list of words they bleep out in the future. (I have caught it in past videos) I understand that this will be impossible in livechats, but this should not be too difficult for a video that is already going to be edited. I also think that the message inherent will not be altered with this small consideration.

        7 years ago
        • Yes. I understand what you’re saying and I agree with you but with more popularity problems increase. They’re human beings after all; they can’t keep a smiley face all the time. I know they’ve changed but we can help maintain a balance: support them by trying to understand them and look at the world through their eyes.

          7 years ago
  7. …and when you go to all these places around Korea and make videos about them, do you pay all those establishments to film on their property and broadcast videos about them? I’m sure there are a few business featured in your fapfaps that would not be all too happy about how you represented them… It’s a two-way street, my friends. Sounds like the place that put up a poster of you guys felt like they didn’t really get their dues and that was the nicest way they could think of to get a little piece of the pie. If copyrights were more serious here like they are in the states or Canada, you likely could have had a lawyer at your door instead of a nice poster with your faces on it. Watch what you wish for…and also watch this very good documentary produced by the National Film Board of Canada: http://www.nfb.ca/film/rip_a_remix_manifesto/

    7 years ago
    • They do ask permission if they can film inside establishments that they go to for their WANKs FAPFAPs, though. They have stated several times that they’ve been denied permission, and in said cases, they move on to another place to film.

      7 years ago
    • I don’t remember exactly where… I think it was the WANK for Coffee Prince Shop? Yes, it’s that one (they have a blog post for it so you can probably search for it by typing ‘Coffee Prince’). They weren’t able to get in and film because they weren’t granted permission to do so. Meaning that they ask to film before entering and the restaurants/cafes/other locations say yes or no. I can’t speak for EYK when it comes to bigger private places like the women’s University they once featured though, (I imagine it’s harder than asking to see a manager for permission at a cafe) but asking for permission is also why they were upset about the pictures. They had the courtesy of asking before using the restaurant in their video, and the courtesy wasn’t granted in return.

      7 years ago
  8. The first time I ever saw S&M was on Mnet in DC. I thought they were just on the show at that time….wow. I’m kind of shocked right now.

    7 years ago
  9. Gosh that is so frustrating for you guys. You are always welcome to rant to your nasties ;)

    7 years ago
  10. Question: Do they have anything in the Korean copyright laws related to “fair use” like we do in the US, for example, if you wanted to upload a music video for the purposes of critical review and stuff like that?

    7 years ago
  11. can you talk about ghost stories or urban legends in korea
    like in america we have like none stop based on true events ghost story movies, like The Conjuring just came out.
    or since I am mexican we have la llorona, which is the weeping women, which is about a woman who drowned her children and killed herself and goes around looking for her children in the night crying out for them
    others like bloody mary, donkey lady, the devil dance.
    but do koreans have things like that? ghost stories, etc.
    I would really like to know, cause I plan on visiting korea soon and I love a good horror/ghost story or haunted places to visit
    ohhh so long lol

    7 years ago
    • I would love this! I know Japan has some pretty crazy ones. I mean crazy like I doubted if it was a JOKE. Nope. There are poop demons in Japanese urban-lore. It should be fun to see if there are any overlapping legends with countries.

      7 years ago
    • as far as my netflix goes most of the korean movies on their seem to be horror movies. im a chicken when it comes to scary movies so i wouldn’t be able to recommend any specific ones lol!

      7 years ago
      • yea I have seen most of them
        but I want them to speak about something based on a true story or a place that is really haunted in korea
        I really dont like scary stuff cause I do have nightmares after, but for some reason I cant get enough

        7 years ago
  12. What is Korea’s view on South America and the culture?
    HI

    7 years ago
  13. why don´t you sue them for using your videos?

    7 years ago
    • just really random not topic-related question; is that Peter Lustig on your avatar?

      (and regarding the thing; they said they went to court a few times but I think they have enough work to do and would like to avoid that if not absolutely necessary.)

      7 years ago
  14. Hey guys, I always wondered: How can you make MMondays? (Because of the music copyright)
    :D Bye

    7 years ago
    • They do certain things that allow for them to go undetected. I suggest you look up the EXCEPTIONS that are listed in the laws of say… your own country, though I don’t know how strict your country is with intellectual property (Owning the copyright to your ideas). Again, I don’t expect many will do that, it’s too time consuming.

      I think it might have something to do with the fact that they only show 8 or so seconds long clip in their Kpop Music Mondays. If it was longer, then YouTube would block the videos. Not to mention, they list the person’s name, unlike the company that they complained about above who completely did not give credit to where credit was due: to Simon and Martina. They also link the video of the full song they are talking about, and that video was uploaded by the company that owns it. They always choose the official videos. In the description box of the official music video, the copyright is written there and the name of the company is listed as well. So, they are promoting the songs. Korean businesses may start to realize that Simon and Martina are free advertising, and S&M are an avenue to get their music out to their international audience. Besides, anyone can put a video in their playlist on YouTube because they aren’t claiming that they own the idea; a playlist is simply a list of one’s favorites.
      Plus, isn’t there some law that allows you to upload stuff if you are using it for critiquing? It’s not like they are trying to make money off of the song by blatantly incorporating the whole music video or track, they are just discussing it. Or also for educational purposes? There are loopholes.

      7 years ago
  15. Hmm…I think it gets a little troubling when we start talking about copyrights and other things like this and talking about “Asian history” and “Asia’s lack of creativity”. Europe and America also had many phases of lax copyright and patent law, just not during the digital age. Also, there are many important arguments you need to work to to really well demonize all copyrights or the idea of lax copyrights. Part of the idea behind these concepts is to create monopolies/restrict access to technology, and limit flow of profit to one person or area, and this is where we have to think about the efforts of the United Sates and “Western world” to maintain their lead and dominance over the world (mostly the States…) So yeah, I would get mad if someone said something I made was there’s, so I understand where many people come from, but it gets tricky as we move up onto institutional levels and technologies that affect people’s lives. The truth is if struggling nations observed patents and copyrights, well, they would be at a serious loss. And sadly that’s because its part of the point on the larger national levels when forming planet and copyright policy, its about maintains technological resources, knowledge, and dominance. Of course you can argue if Korea requires this or not or anywhere else but its something to thin about.

    Also many of you say how hard you try to explain this concept of copyright to your Korean coworkers friends but they don’t get it. Sorry but that is pretty freaking elitist for you to think they don’t understand. Of course they do, they just don’t think that way. You may need to put more effort in to understanding.

    7 years ago
    • There are definitely some cases where copyright/trademarking has gone WAY too far and is affecting innovation and actually people’s lives (Monsanto, genetic markers, cancer dna, etc.) but sometimes it can be hard to draw the line. For example, if you invent the most wonderful and awesome sewer system in the world and it took you millions just to develop, test, and perfect your idea, is it fair to make you just GIVE it away because it benefits everyone? Almost no one would go to all the trouble if they believed they wouldn’t be compensated in some way. I’m not saying it has to be big bucks, maybe credit for the idea? costs of development? royalties? It’s a dilemma that needs resolutions sometime soon.

      I think that the discussion in this video/blog is more related to “art” than tech though, and those copyright laws have been around a looooooong time. I am glad that Simon and Martina benefit from their hard work so that they can keep on doing it but I am also glad that I get to enjoy it essentially for free (I support them by whitelisting EYK on my browser). I think that you would have a hard time argueing that I am owed my KMM or that somehow my life is so much better from watching EYK videos that it’s an essential service (as much as it might feel that way to some people). Or that Simon and Martina are stifling creativity by not letting every Tom, Dick, and Harry use their content as they wish. It’s not really the same discussion.

      7 years ago
    • I agree

      7 years ago
    • I kind of understand what you’re saying but neither Korea nor China are struggling nations.

      7 years ago
      • Well thats what I said, you could maybe argue about to what degree Korea may want to start protecting their property and what to do when, inevitably, intentional lawsuits become more viable and possible, and the struggles or lack thereof for start ups in Korea may support or not support-its debateable and I think more complex than Korea’s GDP or standard of living.

        7 years ago
  16. Really appreciate you posting on topics like this and the complete non-enforcement of laws against prostitution in Korea. Maybe you’ll educate those defensive nationalist netizens a bit too. It frustrates me so much to see all the open, shameless sale of bootlegs in Asian-run stores in Canada. Our border controls just can’t keep up with it. There’s a serious lack of respect, maybe even comprehension, of international copyrights and trademarks in Asian society.

    The defamation laws are crazy. Explains how those clubs in Korea can grab girls off the street and drag them in, which amounts to abduction/assault.

    7 years ago
  17. I thought the same thing. – It does not really make sense. – But well, they said this thing about pride. – Maybe it gives some Koreans a feeling of superiority when some foreigners praise them and their culture from time to time.
    But we have it here from time to time as well. – You know in some shows when some foreigners are there and say the one or another thing (Only “Wetten dass…” comes to my mind) about things they noticed and liked? It is nice to hear that from time to time – but that’s two sentences on a small-talk-sideline here.

    7 years ago
    • oh yeah, i get that. it does feel nice when it’s a few comments, but i guess i would get bored really fast if i heard the same thing every week or so.
      (wetten, dass…..i don’t remember the last time i watched that xD)

      7 years ago
  18. Copy right, prostitution, driving while using cell phones are all against Korean law…enforcement is the issue. Safety week causes everyone to get pulled over, but the other 51 weeks seems a free-fire zone.

    7 years ago
  19. I’m all for upholding copyright laws but I don’ regret my three pairs of TOP socks and one Taeyang sock (the other one got lost) that cost me 1000 won. I also got a pair of capri sweat pants with the Micky Mouse logo for under $10.

    Speaking of copyright infringement, I’ve watched Kdramas with non-Korean songs which I’m sure they don’t have permission to use. There is also all those Louis Vuitton bags that all those Korean ladies seem to be able to afford. But supposedly they’re strict with downloading illegal music.

    7 years ago
    • I’ve heard that piracy is ultra rampant in Korea and that digital sales mean almost nothing because they gotta price stuff really low to compete with it

      7 years ago
  20. I’d love to hear if you guys were able to get any sort of resolution from “broadcasting company that shall not be named.”

    I realize that being such a small company in the shadow of the extremely large company that it could almost not be worth it to pursue any sort of recompense. However, I do hope that you were able to because the audacity of what they did just bowls me over. Maybe that’s my Music Business Degree that’s talking (cannot tell you how many hours I poured over copyright law). I think I will be unsubscribing from the youtube feed for that company as a result of this. It’s hard to support a company who pays no respect to others.

    7 years ago
  21. It was KBS; they took it down when people started to make a big fuss about it, but there are copies floating around le Internet

    7 years ago
  22. My guesses were Arirang or Mnet. KBS is a possibilty, too.

    7 years ago
  23. Copied Right In Fridge Mint <– NigaHiga reference :P

    7 years ago
  24. I noticed some copyright changes by buying Super Show DVDs. Live Heechul did the Lady He He, but you can’t find it on the DVD.

    7 years ago
    • wat copyright change do u mean?

      7 years ago
      • is there any diff when wookie sang insomnia ni ss2 with lady heehee??

        7 years ago
      • in ss2, wookie sang insomnia n ss3 lady hee hee performance….is there diff when they sang the eng song n they played the lady gaga song? is that means of the copyright?

        7 years ago
      • On the first two Super Shows are all performances, but on the 3. there are solo stages missing.

        7 years ago
      • I think he meant changes to the set made because of copyright. I highly doubt that SM has enough money to pay for the royalties UMG would demand for one of their top tier artists’ music.

        7 years ago
  25. There definitely copyright laws in Korea, especially because I can think of various issues with copyrights over the years. Mostly with music, (Baby V.O.X being sued by 2Pac’s Mom, Hyori was sued twice for copyright infringement, etc) But I think it is like you said, many people probably think “what are the chances they are going to notice?”

    And it is a big deal if you get caught. I was reading an book about television in Asia. In the chapter for Korea, it was mostly about how Korea for awhile was being sued left and right by Japan for copying shows. They would even send writers to Japan for several months to watch shows to copy them. It quickly stopped once Japan started to notice, and people got “punished.”

    It is kind-of funny since Japan seems to be REALLY strict about their copyright stuff. I remember a fansite for Miyavi was made when he first debuted. The owner was asked to take down ALL photos of him since his own image was his copyright. Not even photos from concerts that fans took. Heck, did you know that America’s home videos is actually a show format paid to Japan? Apparently a variety show had ONE segment that was just home videos, and they were able to say “Hey, we can sell you this copyright to make a whole show of videos that people make.”

    Some people say that the eased up copyright laws is because Asian “art” has a lot of copying going on. As an asian artist in ye-olden days it usually meant copying the “masters.” And if you study Asian art you get a lot of “This might be by this Artist, or it could be a copy of the original, or a copy of the style, we really aren’t sure” But I think this is just an excuse, and a little bit of crap. People try and see if they can get away with copyright infringement all the time when it is a different country. Just sit and think about this- how much Disney stuff is there copyright infringement in Korea? Probably none, because they have no problem sueing anyone, including daycares.

    7 years ago
    • Do you remember the name of that book? sounds like a very interesting one.

      7 years ago
      • It was called Television Across Asia, and it is now stupid expensive according to Amazon. I guess it went out of print. It is interesting but got pretty repetitive. It was most specifically about “formats” and how they were constantly being bought and modified for other countries. For example Who Wants to be a Millionaire was the biggest sell in Asia, but it was a little interesting to read about how it was a flop in a few countries.

        7 years ago
    • I can confirm that Japan is strict about their copyrights. It is very hard to find J-Pop videos on sites like Youtube, and if you do find them, they’re either really bad quality or only about a minute and a half. Most people say it’s because Japanese companies rely very heavily on sales of physical CDs (especially singles and albums packaged with DVDs), and you can’t really charge the prices they do (Japanese media is EXPENSIVE!!) if their media is easily found.

      I can also confirm that Disney has no shame in copyrighting everything and suing anything that even thinks of copying it. I had a friend who couldn’t make professional copies of photos she took when she was at Disney because of copyright and trademark issues.

      7 years ago
      • Well I know that Disney sued the one day care center, which yeah is place that earns money, but it seems pretty low to sue a small business like that. Especially when a specific item isn’t being sold physically. (IE they aren’t selling Micky Mouse mugs that they made) I am just waiting for Disney to start sueing tattoo shops for giving Disney tats. XD I also know they are the driving for force for extended copyright laws in US. They’ve invested a lot of money in politicians that would fight to extend copyright laws. Because when Mickey Mouse becomes free domain, it would mean a lot of lost money for Disney.

        And thanks for explaining the Japanese videos thing. It makes total sense. Annoying when you just want to listen to recently released music, but makes sense. I know companies release CDs in multiple “limited edition packs” with bonus DVDs to boost debut sales. So fans will buy 3 singles instead of just one.

        7 years ago
        • Something tells me that Disney takes the phrase “all publicity is good publicity” a bit too seriously >_> Like, why would you sue a daycare? Do you have anymore info about the case? Did they try to send a Cease and Desist letter first? Because if they didn’t… Good Lord, talk about the backlash o.O

          *ahem* In Japan, you’ll find that most of the time the CD singles and albums are just sold in two versions; CD only and CD+DVD (or if your Ayumi Hamasaki or Namie Amuro, CD+BD XD). I honestly do not get the J-Pop industry; I get that they’re not in the same predicament as K-Pop (oversaturation of the market forcing agencies to take groups international), but the way that J-Pop screws over their international fans is just blah, yo >_>

          7 years ago
        • The daycares in question WERE doing copyright infringement. They were putting up paintings of Disney characters on the walls. So yeah, copyright infringement. But it is one of those things that you feel like they should of just let slide. It is a company with a large flow of money. The companies in question are not directly profiting by the use of the copyrighted materials. Apparently the case was a big deal because Universal released the information to the press:
          You can also google up Disney Sues Daycare and you can find old articles in newspapers about it.
          http://www.snopes.com/disney/wdco/daycare.asp

          Much agreed. I really dislike how expensive Japanese media is. I always bought my copies used because of prices. I RARELY bought things new. I would also buy the Korean releases of CDs. It rarely happened to anyone other than major artists like Ayumi Hamasaki.

          7 years ago
  26. When I bought exo’s album XOXO I got two pairs of socks with it. So a month ago I went running with Luhan on my feet. My sister wears Kai.

    7 years ago
  27. Heeey Simon and Martina
    I don’t know if it’s been asked yet, but I wanna know how schools are different in Korea than in North America. I know you already did a TLDR about students in Korea, but yaknow, let’s go deeeeeeeper.

    7 years ago
  28. I thought it was funny you mentioned GD-TOP’s High High because that’s one of the instances of getting in trouble internationally that I know of — Playboy noticed and objected, and that’s why that video is not on YG’s official channel any more. (I don’t think they had to change the album packaging though.)

    7 years ago
    • they actually did have to change the packaging of their album. after Playboy noticed and said no, they stopped printing the original High High album design and released a repackaged version. i still have the original High High in gold. lol.

      7 years ago
  29. Ill be speaking on experience here. Im an official KissMe of UKISS and many times i attend concerts, tours in japan, fanmeeting, and music shows~ I take pictures for my fellow KissMes who are unable to attend these kinds of events and also for those who are on the other side of the world. I put my watermark on the corners of my pictures before but suddenly a friend messaged me saying She saw my photos on another site but she said my watermarks were cropped out AND it doesnt give me any credits. the owner of the site took credit for my photos which I worked hard for and paid a lot of money to attend those concerts and take pictures all get stolen and some BS girl is getting all the credot =___= i was so freaking mad so i asked all my twitter followers to ask the owner of the site to take down my photos but the owner of the site just got mad at them so she didnt give us much of a choice except to bash her and report her. Im not all for bashing but if we talk to you nicely you better not spit in our faces. So we spread the news abt her on twitter and other fans from other fandoms also helped. She was even bashed on facebook as i heard so she took down her site. See? If she only listened to us and took down MY photos she didnt have to close down her site but well she got what she deserved in my opinion

    7 years ago
    • Or you could always use comedy, if that’s your tool of choice, like The Oatmeal:
      http://theoatmeal.com/blog/funnyjunk_letter

      7 years ago
    • I’ve had weird situations that are both similar and very dissimilar, but I’ll tell the story and you can take it from there and decide what to do. Also, I have NO IDEA what the legal standpoint on this kind of thing is, or how it will differ for you with pics of celebs, so people, please understand that before I begin!

      It was several years ago, probably around 2009, and a strange defamation website got into my f-locked LiveJournal entries by hacking into my sister’s account. For whatever reason, they loved to do “journal reviews” and bash people’s friends-only admissions, photos, etc., all over their site. They posted every bit of personal information they could get on me, and since I had put my address (for only my locked friends to see) to sen X-mas cards to, they posted my home address. They somehow got a hold of my phone number. They took my photos and copied text from my posts. They phoned me and harassed me and tried to terrify me with rape comments. It was pretty shitty, so I got mad.

      I started emailing their website and image hosting providers (big names included) and saying that these people had taken my copyrighted images (umm), and posted them without my permission while defaming my character. I said I was angry, but I kept it cool, telling the companies that I was sure THEIR mission was not to defame me, but that I didn’t want to have to take legal action against them. I asked kindly that they (the host) remove the images from their server (and advised them to keep an eye on these people they were hosting in case it landed them in hot water down the line) since the site owners refused any and all requests I made.

      While I didn’t get many responses BACK from these sites, surprise surprise, eventually the images started appearing broken, and I’d see that they had been removed. The site owners would hop to another image hosting service, re-upload my pics, and I would email them too. I just wanted to make it difficult and inconvenient for them (as they had made things for me!) while I figured out who on my f-list had been hacked, and we were able to change passwords. (This involved making a f-locked tag for each singular person in my f-list, making a whiney post only they could see – because the site was reposting everything that made me seem weak or pathetic – and then waiting to see which one appeared on their site about me.)

      So! That is my wacky story about getting people to remove my pics from their site… Don’t know how well it could work when it’s not a picture OF YOU, and the site isn’t causing damages to you, but it’s definitely food for thought I hope!

      7 years ago
      • thats a crazy story! I am glad to hear you got to get your information and pics taken down, some people really love to spread their misery… its sad.

        7 years ago
    • I don’t necessarily condone that’ bashing’, but I understand that sometimes, it really takes that kind of force to protect yourself. I guess as long as the focus of it is stealing your photos, and being an immoral person for doing that, then it’s not like you’re wrong. So long as people don’t step over the line an start bullying the other person, insulting them for unrelated things and actually hurting them, rather than pressuring them….

      7 years ago
  30. The only sad thing is those k-pop socks are going extinct!

    7 years ago
  31. Cat

    Ok guys, as much as I understand your annoyance at the station for putting up clips of you two without permission, the internet isn’t the place to go. You two sound (no offense) really whiney. “Wow this channel put us on without permission so let’s go complain to our fans”. You know how stupid that seems? You’re riling up thousands of pre-teen/teen “Nasties” against this channel, for something that honestly isn’t relevant to anybody but you two, and the company. Grow up a bit.

    7 years ago
    • I can understand exactly how Simon and Martina feel about their content being taken and used without permission or credit (I write and produce music). It’s copyright infringement, which S&M would have been publicly flogged for (in Korea, at least) if they did the same thing. Also, all of the EatYourKimchi fans I know are older teenagers with a little bit of common sense and intelligence, so… yeah. No -_-

      7 years ago
    • this place is filled with eat your kimchi blind fans, be ready for the downvotes

      7 years ago
      • One doesn’t have to be a “blind fan” to disagree with someone’s opinion. There are many times when I don’t agree with something EYK has said, since I’m a human being and I form my own opinions. But there are also times when I do agree with them. This is a topic which hits close to home for me, so I’m glad to know more about it.

        Just blindly dismissing all comments or “thumbs down” as being the work of blind fans is (in my opinion) rather rude. We are all capable of forming our own thoughts, it just so happens that most of us seem to agree that this particular video was very interesting.

        7 years ago
    • Nic

      Actually it’s relevant to many people. There are plenty of people who have their own blogs and create their own content. Bloggers are not isolated, there are whole networks of them where people who blog about similar things are connected. There are many blogs about Korean stuff that follow Eat Your Kimchi and the problems they have had is something that is really interesting and important to know.

      Also I actually don’t know many pre-teen/teen nasties. Everyone I know who watches EYK are in their 20’s and 30’s. While of course there are young viewers, you shouldn’t assume that the majority of fans are – or that Simon and Martina’s intention is to “rile them up”.

      7 years ago
    • First of all, I know that I can’t be the only adult who watches EYK. And this video was extremely informative about the state of copyright in Korea. I have previously wondered about this topic in relation to Korea, so I was glad to get some honest insight.

      Yes, they stated what had happened to them. It’s called giving a personal example. So many of their TL;DR’s, they aren’t able to tell us things from first-hand experience (such as dating culture), so it was nice to see something where they had personally gone through the thing they were talking about.

      Sure, there will probably be some kids who get riled up, but what will they do? Post upset comments? Netizens can’t hurt a broadcasting company.

      In closing, I don’t think that they sounded whiny. In fact, I think they handled the situation with more grace and humor than I probably would have. Having something that you’ve made taken from you and used without your permission is devastating and I think this was a productive way to move on.

      7 years ago
    • Seriously? I follow them not because I’m interested in K-pop – I can get my K-pop fix on my own. I’m primarily here for TL;DRs, WANKs, and Open The Happy-type posts where I can learn more about these fun, engaging people from my home country off in a world I hope to one day visit. Their voyage to YouTube stardom? I’ve been following it since about 2009, so I know they’ve come a long way, working hard and creating and developing their public personas.

      I have seen many situations where people – traditional 2D artists, musical, and otherwise – make public announcements about people stealing their material, ideas, products, etc., and asking that they support the original, or help boycott other companies/individuals exploiting their hard work for their own good. Even in K-pop – when 2NE1’s Hate You video was released, someone was making fan-made dolls and the creator of the /music video/ asked fans to boycott that person’s fanmade, OOAK merchandise. This isn’t a new thing, it’s not EYK, and it’s not unreasonable. On top of that they didn’t mention what station took their material, and sure that was because of defamation lawsuits, but they aren’t saying, “EVERYONE BAND TOGETHER AND LET’S TAKE THIS BITCH DOWN~!” They’re just stating the facts.

      Add to all that, why are you so sure everyone who is a Nasty is a teen or pre-teen? Are you too nervous about grown adults finding entertainment at EYK that you can’t imagine grown, legal adults finding interest here? Who really needs to “grow up a bit”? Not sure if you’re a troll (troll away in that case) or actually a grumpy fan who came all the way to the site to look at this and bash it, but I really can’t understand your frustration.

      7 years ago
    • i think it’s YOU who sound “really whiney” here.
      “oh, Simon and Martina have personally experienced a problem with the legal system and want to alert their viewers to the issue so no one else unknowingly falls victim? not talking about something that interests me? they must be immature selfish whiners. yes, that must be it.”
      basically what we all got out of your comment.

      the point of the video wasn’t to complain, it was to inform, which they did a great job doing. their personal experience with the issue is not the focus of the segment, but it really drives the point home. if the company is willing to take EYK videos without permission they’ll be willing to take other BIGGER videos without permission or credit if nobody says anything against it. and copyright infringement is a big issue, particularly in asia. (fake designer handbags are a big deal right now, guess where they come from.)

      7 years ago
    • I would argue that it’s relevant to anyone who considers creating their own brand at any point in time. I think they may have even let it go if during the process of the clips there was a call back to who Simon and Martina are and where you could see their shows. However, they were only listed as a Canadian couple with no mention of their brand, blog, or youtube channel. I personally loved this TL;DR, but as I said before, I studied copyright law while at University. I found this video to be just as informative and interesting as the ones about couple culture and sexuality.

      It could just be, this was just one of the videos you didn’t agree with. And that’s fair. I don’t always agree with them on their Music Monday choices, but I respect their opinions and love the dialogue that it creates.

      7 years ago
    • Simon and Martina make a living from their image and videos. “Grow up”? They are business people who’s business was just robbed, they have every right to vent. Just because something is on the internet doesn’t make it trivial.

      7 years ago
  32. Thank you Simon and Martina for this video, it raised the level of awareness of us and of Korean people! I love your videos, they are very funny! I have become a Nasty fan!

    7 years ago
  33. Viv

    My friend’s face was put on a t-shirt once. She didn’t know until she saw a guy walking around with her face on it.

    7 years ago
  34. IP and copyright in Asia isn’t taken too seriously. I think it’s because they have the ‘Why use my own lame creativity when someone from the States has already created it for me?’ kind of mentality. I guess it also extends to literature. Plagiarism in academic writing isn’t taught to students, well, at least it wasn’t explained as much when I was still studying there. Australia takes IP/Copyright quite seriously but sometimes it can be quite ridiculous (Men at Work’s ‘Land Down Under’ riff = ‘Kookaburra Sits in the Old Gum Tree’ controversy).

    7 years ago
  35. oh man, I’m Dominican and I’m still ashame of this. u__u

    7 years ago
    • So am I actually, Dominican-American.
      It’s funny, I was on a reddit forum when I got air of this, and then I started translating stuff about the scandal and the song to people! Then I realized she was Dominican and hung my head in shame.

      7 years ago
  36. If you think it’s bad in Korea, it’s worse in China lmfao. There’s a wholesale mall place in Beijing and basically all the stores would get super sued in America or Canada. And the fake designer clothes and bags omg. It’s actually pretty hilarious now that I think about it. There was a store named “Klein Calvin” lol

    Same goes to Pacific Mall as well (Toronto Represeeent xD)

    I think that people just gave up and stopped enforcing the laws as strictly (So yeah, I agree with what you guys said ^^)

    7 years ago
  37. As a Graphic Designer I’m a little sensitive about this subject… (Yeap, people loooooooooove stealing logos and stuff!) So I feel for you guise…….. Oh, and I hope no crazy guy with gloves paid you no visit….. XD

    7 years ago
  38. Yeah that certain broadcasting company has peeved off many Big Bang fans. That’s why YGE has no contact with them at all.

    7 years ago
  39. This is a another topic, but somewhat related to copyright. I understand about why someone would want to sue someone else for using their logo, name, etc. I would get mad if someone would take my pictures and claim it as their own. But this whole issue is very confusing to me. For example, I want to create a music video that uses a song that is not my own and pictures that are not my own because I have a really cool idea, I wouldn’t claim the pictures or song as my own and would absolutely give credit (I want to help promote the artist). But due to the laws I can’t. Is it wrong for me to do make the video anyway? I want to express something and help promote an artist, not make money. I could ask the artist for permission but (especially in America) it seems like everything is about making money that I would most likely have to pay to use the song. Now, I always try my best to use sources that have Creative Commons, but…I’m not very good at explaining things but what I am trying to discuss is the difference between using things for creative purposes and just blatantly stealing intellectual property for business. Is there a difference? What do you guys think?

    7 years ago
    • Depends on the artist and what label they’re signed to. If it’s uploaded to Youtube, then it goes through the copyright fingerprinting (it basically analyzes the audio and video and determines if it is copyrighted and what should be done if it is). If you’re lucky, the artist/label would have selected the “monetize” option which just turns on ads on the video.

      7 years ago
    • This isn’t the whole thing, but a reason that it can be a problem is that even if you aren’t making money, you are quite possibly *costing* the artists money — licensing is a huge part of making a living in most creative fields, and if your stuff is being used in a widespread way by other people it can either lesson the price the artist can get, or cause contracts can be cancelled altogether.

      iTunes does have some facility for having fanvids using other people’s music in a way where the original artist can earn royalties, but I’m not sure how it works, and it’s a bit spotty, especially with smaller artists (who of course are the ones who need it more.)

      7 years ago