Yang Joon-il’s side “Violation of the copyright law? Malicious scratches… Will respond to the police investigation”[전문]

[스포츠서울 정하은기자]Singer Yang Joon-il expressed his position regarding the charges of violating the copyright law to the police.

On the 21st, Yang Joon-il’s management company, Production Lee Hwang, delivered an official position on the accusation of copyright law violations.

Previously, the eight accusers filed a lawsuit against Yang Joon-il to the Seoul Seongbuk Police Station for violating copyright law in 2020 through a legal representative. They claimed that the 4 songs from Yang Jun-il’s 2nd album were made by an American composer, but Yang Jun-il had registered with the Korean Music Copyright Association under his name.

Regarding this, the management company Hwang Lee said, “Jun-il Yang is a false claim that the authoring rights of PB Floyd was compromised just because Joon-Il Yang was registered solely as the copyright owner of the songs with the Korea Music Copyright Association. The registration date with the Music Copyright Association is November 1992, and this date coincides with the release date of the album.”

In addition, “Yang Joon-il made this album under the name of the company he founded, UNI, and signed a composition and producer contract with PB Floyd for the songs under the company’s name, and paid for it.”

“The transfer of copyrighted rights in Korea was an issue that PB Floyd first proposed while negotiating the cost of work, and Joon-il Yang accepted it and paid a fairly high amount for the time, including the cost of composition and producer, and signed the contract.” “PB Floyd, who died a while ago, has never filed an objection for nearly 30 years,” he added.

Lastly, Production Lee Hwang said, “Yang Jun-il will faithfully respond to the police investigation on this matter. If the legal judgment of this accusation is concluded that there is no allegation, we will have the accusers hold strict legal responsibility for civil and criminal reasons.” He said.

Full text of the official position of the following production

This is Lee Hwang, the production company of Singer Yang Jun-il.

On January 12, 2021, singer Yang Jun-il was accused of violating the copyright law. The accusers were eight people who claimed to be long-time fans, and the contents of the accusations were composed of four composers, including “The Back of You Who Caught My Curiosity,” among the songs from Yang Joon-il’s 2nd album released in 1992. Rather, it is Yang Joon-il, who is registered with the Korea Music Copyright Association. In this regard, we refuted the statement regarding the transfer that we announced on our website in September last year, based on the fact that the’moral rights of the author’, including the statement right, cannot be transferred. It.

The following is our position in this regard.

1. Moral rights and copyrights

As we revealed through our website in September of last year, Joon-Il Yang at the time indicated the composer’PB Floyd’ in all prints and registrations, including the album cover, without damaging the moral rights of his authorship, including his name.

However, copyrights of copyrighted works that were legally transferred were registered with the Korean Music Copyright Association under their own names. The Korea Music Copyright Association is not an organization that announces who the copyright holder is, but an organization that protects the rights by transferring the rights from the rights holders of copyrighted works. The transfer of copyrighted rights is possible in accordance with Article 45, Paragraph 1 of the Copyright Act, and accordingly, there are quite a number of cases where the actual copyright holder and the copyright holder registered with the Korean Music Copyright Association differ.

Therefore, the claim that’PB Floyd’ has undermined the moral rights of’PB Floyd’ by the fact that Yang Joon-il is registered as the copyright owner of the songs with the Korean Music Copyright Association is a false claim.

2. Copyright registration period and transfer agreement

Yang Joon-il was registered with the Korean Music Copyright Association as the copyright owner for the songs in November 1992, which coincides with the release date of the album.

Given this fact, it is speculated that the employee who was working at the time applied for collective registration of copyright holders with the Copyright Association in order to obtain a copyright certificate for the release of a new album, and accordingly, the Copyright Association It appears that Yang Joon-il was registered as the copyright owner of the author without a request for a transfer agreement. This is because the transfer agreement, which is a document required when the previously registered copyright holder transfers its rights to another person, is not required in the case of new registration. In addition, it is difficult to say that there was a problem with the registration process of the Korean Music Copyright Association in the lyrics/composer label on the back side of the album, which was attached at the time of registration, because the names were listed without distinction because Yang Jun-il also participated in the song work jointly. .

At that time, Yang Jun-il produced this album under the company name UNI, which he founded, as indicated in the album, and signed a composition and producer contract with’PB Floyd’ for the songs under the company name, and paid the cost accordingly. I did it.

The transfer of copyrighted copyrights in Korea was first proposed by’PB Floyd’ while negotiating the cost of work, and Junil Yang accepted this and paid a fairly high amount for the time, including the cost of composition and producer, and signed the contract. I did it.

However, unfortunately, as the company closed afterwards, all related materials including this contract were discarded or lost. This is a situation where nearly 30 years have passed since then, and after Yang Joon-il quit the singer, he lived as a general public. This is largely due to the reason why I moved between Korea and the United States several times during the past year, so please understand this.

3. Situation and circumstantial evidence

Even back in 1992,’PB Floyd’ was a competent composer and producer with a considerable career in the United States. There were quite a lot of songs that had the right to publish and work directly in the United States, and the songs that Joon-il Yang worked with were registered for publishing in the United States in February 1993, not far from the release date of the album. It was finished in my name.

It is presumed that if the copyright of copyright in Korea had not been transferred to Joon-Il Yang, the Korean Music Copyright Association would not have had a great deal of difficulty in claiming the rights of his copyrighted work in Korea in his career. Through the homepage, I was able to check the copyright registration status of the songs in question at any time to raise objections and request corrections.

However,’PB Floyd’, deceased not long ago, has never filed an objection for nearly 30 years.

In addition, Yang Joon-il, who returned to the US after completing the album activity, continued to work on music with’PB Floyd’ for a considerable period of time until his company was closed. If there was a disagreement between the two over the issue of copyright rights in Korea, I can say that it was not possible.

4. Intention of accusation

In September of last year, we made it clear through our official website that there are no legal and moral problems with this matter.

Nevertheless, the accusers who are self-proclaimed long-time fans later dismissed our warning that legal action could be taken in the event of spreading false information as threats, and led to a situation where they accused Yang Jun-il of stealing copyright to the police.

Also, on the day the accusation is received, press releases are distributed to the media, and we are making efforts to make Yang Jun-il recognized as an image of a criminal to the general public.

We judge this situation as a highly intentional and malicious scratching against singer Junil Yang from a group who are systematically anti-activating.

5. Future plans

On this matter, Yang Jun-il will faithfully respond to the police investigation and will continue his activities awaiting legal judgment.

If the legal judgment of this accusation is concluded that there is no allegation, in consideration of the case that caused serious defamation of the celebrity who is remembered as an image by the public, the accusers are asked to take strict legal responsibility, both civil and criminal. I am telling you that you plan to do it. In addition, the future progress of this accusation will be informed in detail to the public through a later press release. Thank you.

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Photo | Production status