Can <Lucky Vicky> be protected by copyright?

 

“ You're so lucky !” This is a trendy phrase created by idol Jang Won-young. , Used when you want to think positively even in a negative situation. . This phrase, first used by Jang Won-young, spread beyond his fans to the entire youth population. , It became a trendy word as many people used it in unique ways. .

 

But there was an incident that heated up the Internet last week. . A The company launched a product with a name that used Mr. Jang's catchphrase. . The public used Mr. Jang's catchphrase without permission. A He poured out criticism towards the company and eventually A The company has stopped selling the product. . It is something that deserves to be pointed out for using someone's catchphrase without permission. A It is worth considering whether the company's actions are legally problematic. .

 

Can the use of buzzwords be legally restricted? ?

Constitution 21 In the press · Guaranteeing freedom of publication . This traditionally means the freedom to freely express and disseminate thoughts or opinions. . So you might think there are no restrictions on using buzzwords. , Freedom of expression may be restricted if it infringes upon the fundamental rights of others or is related to the public interest. . At this time the press · A typical example of a possible restriction on freedom of publication is copyright infringement. .

 

then A Did the company violate copyright law? . The answer is 'NO' all . Under copyright law, a work is a creative work that expresses human thoughts or emotions. . In this section, the court does not recognize that expressions commonly used in everyday life, such as the titles of books or movies, are creative in themselves. . The reason is that if the titles of books or movies are recognized as creative and are copyrighted, it could cause problems in people's everyday language use. . However, the Seoul Western District Court has ruled that if a large number of citizens can think of a specific person through a specific phrase, it is recognized as copyright in a broad sense. .

 

Then one might wonder whether there is no way for buzzwords to receive legal protection. . If a catchphrase that someone worked hard to create is not protected by the law and is used without permission, the creator will suffer damages and the desire to create will inevitably decrease. . What could be a solution to this problem is ' sound trademark ' It's a system .

Trademark law 2 article 1 In the port ' brand ' It is defined as a mark used to identify another person's product. , At this time, the symbol includes sounds as well as symbols and letters. . Accordingly, the call connection tones of telecommunication companies and catchphrases of famous celebrities are registered as sound trademarks and are protected by law. . Unfortunately, Jang Won-young's catchphrase is not protected by trademark law because it did not go through the process of registering as a sound trademark. .

 

Back to the main topic, I'm using a celebrity's catchphrase without permission. A It is unclear whether the company can be prosecuted legally. .

A Because the company's actions were not clearly illegal. . But ignoring one person's efforts A The company's actions are morally reprehensible. . Even if there is no legal punishment, I hope they will reflect on their actions and morally reflect on them. .

 

conclusion:

Wonyoung's "Completely Lucky Biki Jana" is not registered as a 'sound trademark'

The company that copied without permission It is uncertain whether there will be legal punishment, but moral condemnation is unavoidable.