Hello everyone, this is SELLBUYMUSIC!
Have you ever had the experience of purchasing unofficial merchandise of celebrities or anime characters? If you're a fan, it's hard to resist being interested in Merchandise (MD or Goods). Today, I would like to discuss whether it is permissible to create and sell fan-made merchandise (including for personal collection).
First of all, what is "Merchandise"?
"Merchandise" refers to promotional products released by specific brands or celebrities. They are produced in relation to dramas, animations, fan clubs, and the like. That's what we call goods!
Now, how does copyright relate to MD?
When it comes to featuring the face of a famous individual, it may involve the right of publicity, and if names or group names are used, it may infringe upon trademark rights. Therefore, if you want to create MD, you need to obtain a license from the relevant company! How can you obtain a license?
It may vary depending on the company, but typically, licenses are granted based on a certain percentage of quantities, sales revenue, or profits. Moreover, there are many companies in Korea that hold licenses, so if obtaining a license from a company is difficult, it's also a good idea to check with companies that have already been granted licenses. One more thing to note is that creating similar characters or logos does not infringe upon copyright.
So, does copyright infringement also apply to personal collections?
Article 30 of the Copyright Act states:
"If an individual uses a publicly disclosed work for personal purposes without any commercial intent, within the limits of personal or domestic use or similar limited scope, the user may reproduce it."
In other words, it means that if a user personally or within their household uses a work, it does not constitute copyright infringement. However, if someone else reproduces it on their behalf, it would be considered copyright infringement.
Now, a question may arise here! Can free distribution also be considered copyright infringement?
Yes, that's correct.
Even if no profits are generated, if you use copyrighted material, it would still be considered copyright infringement. Therefore, even in the case of free distribution, it is essential to obtain permission from the copyright holder.
When creating MD, it is crucial to remember that you must verify the copyright. Don't ever forget this fact!
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