[talk] Can <Lucky Vicky> be protected by copyright?

“ You’re so lucky !” This is a catchphrase created by idol Jang Won-young , and is used when trying to think positively even in negative situations . This phrase, which was first used by Jang Won-young, spread beyond her fans to the entire youth generation , and it became a catchphrase as many people used it in their own unique way .

However, there was an incident that heated up the Internet last week . Company A released a product with a name that used Mr. Jang’s catchphrase . The public criticized Company A for using Mr. Jang’s catchphrase without permission, and eventually Company A stopped selling the product . It is right to point out that using a person’s catchphrase without permission is something to be criticized, but it is worth considering whether Company A ’s actions are legally problematic .

Can the use of buzzwords be legally restricted ?

Article 21 of the Constitution guarantees freedom of speech and publication . This traditionally means the freedom to freely express and disseminate thoughts or opinions . Therefore, it may be thought that there are no restrictions on using buzzwords , but freedom of expression may be restricted in cases where it infringes on the fundamental rights of others or is related to the public interest . A typical example of a case where freedom of speech and publication may be restricted is copyright infringement .

Then, did Company A violate the copyright law ? The answer is 'NO' . Under the copyright law, a work is a creative work that expresses human thoughts or emotions . In this regard, the court does not recognize that expressions commonly used in daily life, such as the title of a book or movie, are creative in themselves . The reason is that if the title of a book or movie is recognized as creative and thus has copyright, it may cause disruption to people's daily 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 recognizes it as copyright in a broad sense .

Then, you may wonder if there is no way for trendy words to receive legal protection . If a trendy word 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 . The ' sound trademark ' system can be a solution to this problem .

Article 2 , Paragraph 1 of the Trademark Act defines a “ trademark ” as a mark used to identify another person’s goods . In this case, marks include sounds in addition to symbols and letters . Accordingly, telephone connection tones of telecommunication companies and catchphrases of famous celebrities are registered as sound trademarks and are protected by law . Unfortunately, however, Jang Won-young’s catchphrase did not go through the process of being registered as a sound trademark, so it cannot be protected by the Trademark Act .

Back to the main topic, it is unclear whether Company A, which copied a celebrity's catchphrase without permission, can be legally punished .

Because the actions of Company A are not clearly illegal . However, Company A 's actions of ignoring the efforts of one person are morally condemnable . 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'

It is unclear whether a company that has copied without permission will be subject to legal punishment, but it cannot avoid moral condemnation.