Grupo, pinagkakitaan daw… MAGAZINE, NAGLABAS NG SOBRANG DAMING PICTURES NG BTS, IPINATIGIL NG KORTE

Lee Vin Nia / K-BUZZ

BALITANG BTS pa rin, pinaboran ng Seoul High Court ang appeal ng Big Hit Entertainment filed against Mr. Jung, publisher ng isang monthly entertainment magazine.

Nag-file ng injunction ang nasa­bing management laban kay Mr. Jung at pinatitigil ang paglabas ng magazine na nag-feature ng “extensive amount” ng mga larawan at articles of BTS in their January, June and November 2018 issues, gayundin noong March, 2019 issue.

Reklamo ng Big Hit, parang pho­tobook ng BTS na maituturing ang inilabas ng publikasyon at hindi na entertainment magazine. Bukod dito, ang mga larawan daw na inilabas ay wa­lang due notice sa kanila and violated BTS’ exclusive right to their image.

Inilabas naman ng magazine ang katwiran nila na ang kanilang ginawa ay legal media reporting at tinutulan ang injunction.

Sa first trial at the lower court ay nagwagi ang publikasyon dahil gina­gawa lang daw nito ang trabaho which is to satisfy the public’s desire.

“Although the magazine publisher had a commercial profit in mind, it is difficult to say that this violated the agency’s interests since the magazine is saying that it devoted a lot of space to BTS, which is a very popular group, with the goal of satisfying the public’s desire for knowledge about them,” pahayag ng lower court.

Kabaligtaran naman ang naging desisyon ng High Court.

“The entertainment magazine did not publish photos and articles about BTS within the scope of normal media coverage, but instead published and sold their magazine like a pictorial or photobook in order to get more money from customers who would find this attractive,” pahayag ng High Court.

Pinagbasehan din sa desisyon na mahigit kalahati ng 108-page na magazine ay mga articles and photos ng BTS including the cover. Sinasabing nasa 45-65 pages ang related sa BTS.

Ayon sa High Court ay “excessive” ito dahil ang ibang magazines daw which also featured BTS ay less than 10 pages lang ang nagagamit.

Bukod pa rito, pinansin din ng korte na mga 20 pages daw ng magazine ay puro larawan lang at walang kahit ano’ng article.

“It is difficult to say that this was about legal media coverage on BTS’s activities like entertainment magazines are allowed to do.

“If your coverage and use of photographs is far in excess of the scope of legal media coverage, then it is common business practice to get permission from the agency to use the artist’s images. This magazine was selling its issues like a photobook and did not get permission from the agency to do so,” the High Court stated.

The court concluded, “It is highly probable that this was illegal activity that infringed upon the financial inte­rests of the agency by using BTS’s name and photos without permission for commercial profit. We do not see that the publication of this magazine falls under the scope of the freedom of the press.”

Dahil dito ay binabawalan na si Mr. Jung to produce, duplicate, sell, export or distribute copies of his magazine without removing the sections with BTS’s photos.

At kung hindi siya susunod, he will be fined 10 million won ($8,400) per day.