‘This copyrighted telecast is presented by the authority of the Korea Baseball Organization and may not be reproduced or retransmitted in any form, and the accounts and descriptions of this game may not be disseminated without express written consent.’ This is a phrase that was broadcast by the recent KBO (Korea Baseball Organization) relay image. It repeatedly warned baseball fans that if they post games and videos, they will respond harshly to copyright claims. What exactly is this new media* copyright statement that caused such a big wave in the KBO league fandom culture?

New Media ==================================
Information media that has emerged following newspapers and TVs due to advances in computer and communication technology. Urban CATV, Videotex, and 
text-to-text broadcasting with characteristics of interactive and multi-channel are called the three major new media

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Pro sports broadcasting rights are largely divided into two categories; TV broadcasting rights and new media broadcasting rights. The KBO announced its position to respond hard to copyright violations and organized a new media copyright protection team. 

They started a full-scale movement. If fans produce and distribute video content or images without the KBO’s approval, they will be notified of copyright violations. We live in an era where a short, well-edited image can make a rising star. However, this new media copyright issue has raised the entry barriers for incoming baseball fans. Instagram and YouTube fan accounts, where fans download, edit, and adjust images or videos, will also be prohibited. Even though fans are popularizing the organization for no financial benefit, they are still facing harsh restrictions. Thus, fans are arguing that these kinds of fan activities cannot avoid the strict new media copyright measures.

In contrast, the K-League is actively seeking ways to lower the barriers to entry into new media for professional soccer K-League fans. They are trying to expand accessibility through social media by lowering the rights standard to use official clips or game videos.

To learn more about new media copyright issues, we investigated how new media marketing affects the MZ generation.

Trend Marketing Method to the MZ Generation - SNS Marketing!

In a society where social media plays an active role in our daily lives, it is one of the most influential factors regarding the media consumption of the MZ generation. (*The MZ generation encompasses millennials and Generation Z, referring to those born between 1980 and 2010.)
The key to determining their consumption is whether or not it is ‘Instagrammable’ or not. An SNS marketing method that can attract consumers’ attention, such as the selling point and storytelling of the product, is needed. One main example is the e-frequency event that Starbucks conducts twice a year. When the season of this event returns, many people draw attention to the brand by posting certification on their SNS.

The Fans Care About Their Idols - Fandom Marketing!

We can see clips of edited concert VODs(Video on Demand) leaked on the Internet. As the K-Wave started a global tsunami, idol fans sharing photos and videos became the most basic example of new media's characteristics, n-screening(unified entertainment experience across several devices). The current problem seems to focus on editing and distributing paid content. Now that we do not have to consume every content only on TV, official idol agencies threw themselves into sharing concert VODs, vlogs, and more on social media platforms such as YouTube. This is related to the service direction that each platform intends to provide as social media platforms diversify. On platforms where photos are taken by the cameras with enormous lenses and edited GIFs can be archived and shared, both uploaders and viewers are walking a fine line between copyright claims.

What's new in new media copyright laws? =====================

- Operation of smart apps and monitoring systems exclusively to prevent the distribution of illegal copies in the new media environment
- Correction for OSP(Online Service Provider) of illegal copy transmission
- Deliberation of claims for the provision of information on replication and sender
- Deliberation on suspension of accounts and the uploading for habitual publishers(heavy uploaders)
- Operation of a dedicated organization for forensics investigation support to collect and analyze digital evidence
- Implementation of copyright campaigns using popular media
- The Ministry of Culture, Sports and Tourism announced a 'standard contract for copyright transfer and use' to protect creators and support the signing of copyright-related contracts.

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According to the Korean Law Information Center Article 5 (1) of the Copyright Act, a creative work produced by means of translation, arrangement, alteration, dramatization, cinematization, etc. of an original work (hereinafter referred to as a “derivative work”) shall be protected as an independent work. This means that it is necessary to obtain the author's consent to use the content. 
If this happens, the author can request the platform to take the content down. In the meantime, derivative works are independent of the original content when created after the author's agreement, so the copyright author for the derivative works lies with the secondary author.

Idol agency A 
We do not interrupt fans recreating content because such behavior has become a consumption trend and serves as a facilitator in the consumer market. Look at FanTube for example. As part of the geek out culture, those who run YouTube channels about their idols are called fansumers (a combination of fans and consumers) and are generally involved in branding for idols that they support. They get involved in their idols’ upcoming shooting schedules, distribute, promote, and criticize their works, and most importantly, advertise everything about them. The cross-cut stage performances, Fancams(a footage focusing on a single member of a band), and unboxing of merchandise provides vicarious satisfaction to viewers and urges the consumers' sentiment, affecting sales directly. Fandoms continue to expand. Because their promotion and criticism boosts sales, idol agencies generally do not go after the fans who create secondary re-processing contents and the distributions of FanTube as a legal issue.

Idol Agency B
In addition to the claim that if fans consume content through FanTubes or fan accounts may not buy officially credited content and merchandise, voices on ethical issues regarding selling recorded performances or concerts without permission and protection of the primary creators' rights are rising. According to the Content Industry Promotion Act, the term "technological protection measures" is being applied to effectively prevent copyright infringements on the interests of content producers. 
In one case, the agency informed how reproducing, reprocessing, and distributing content without permission is strictly prohibited because the content is legally protected. Adding, "if violated, according to civil liability laws, your accounts can be forcibly blacklisted with our terms and conditions." Others point out that video clips taken for broadcasting purposes should not be used for other purposes, either. In the past two years, the illegal dissemination of paid online concerts on social media has soared due to COVID-19. Hence, fandoms, even broadcasters, should be banned from producing derivative content.

It has become so natural for people to communicate through various new media platforms. Platforms and governments saw this coming. In preparation, YouTube offers 'Content ID,' which detects unauthorized reproduction of content and allows users to request the suspension of publication on the illegally recreated videos. This also prevents secondary content creators from receiving ad revenue.

Cases of Unintentional Copyright Violation ==================

New media has some distinguishing features. Compared with conventional media, new media is easy to duplicate and share. Moreover, by spreading individual channels, lots of content is produced. People violate copyrights unintentionally on new media. The following paragraph deals with copyright infringement cases that may be easily overlooked.

CASE 1 : YouTuber A used a free font to make subtitles for his vlog.

▶ YouTuber A can be accused of abusing copyrights. Even though the font was released for free, if there was not a mention of a license, they should double￾check the copyrights and license in order to use the font commercially to copyright holders.

CASE 2: Blogger B posted a picture of the exterior of landmark architecture on her blogs.

▶ Posting landscapes pictures or historic sites amounted to nothing. However, posting pictures of unique architecture is another problem. Architecture with exterior features is protected as a work of art. Thus, before posting aesthetic architecture pictures, you had better ask the owner before posting.

CASE3: C, who is a big fan of D, uploaded a photo of D taken by C.

▶ The copyright for the photo is held by C who took the photo; however, the portrait right is held by D. Thus, C could be accused of violating portrait rights.

CASE 4: E launched a restaurant and sold a menu using a recipe developed by YouTuber A.

▶ The recipe is considered an idea. The copyrights don’t protect the area of an idea. In this case, the restaurant owner E doesn’t have any legal responsibility.

CASE 5: C shared snapshots and clips of her favorite TV show on her Instagram.

▶ Secondary processed content such as snapshots and clips also belong to the owner of the original content. Sharing and commercializing the processed contents is a violation of copyrights. 

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Conclusion
There have been changes in the way that we view copyright. In the past, the Internet was simply a conduit for information. Most people were not aware of copyrights. After the spread of mobile services and the sharing economy, people started to realize the necessity of privacy policies, information rights, and more. This has led to legal changes in the distribution and sharing of information. We have to see new media as a new culture. Here, content is distributed without distinction and links are overflowing.

By Lee Won-jun(Editor-in-chief), Ku Halin(Reporter), Shin Soul(Reporter)