Copyright Infringement Takes a Real Toll on Creators
A lot of
creators working internationally run into the same problem. Online games,
webtoons, illustrations, and video content earn fans all over the world — but
that popularity also makes them a target for copying and plagiarism. This
happens often on global platforms like Steam, X (formerly Twitter), and
YouTube, where a user will copy or alter a character or scene without
permission, post it on their own social media account, or even turn it into
merchandise to sell.
When this
happens, most copyright owners take the same first step: filing a takedown
request with the platform under the U.S. DMCA (Digital Millennium Copyright
Act). But a takedown request alone often doesn't fully solve the problem. If
the person who posted the infringing content files a counter-notice, the
platform has to put the content back up — unless the copyright owner files a
lawsuit in a U.S. court seeking an injunction within 10 to 14 days. For a
copyright owner living outside the United States, filing a U.S. lawsuit that
fast is, realistically, very difficult. As a result, many creators are forced
to watch the infringing post go right back up after all the effort it took to
get it taken down.
When the Infringer Is in Korea, a Korean Lawsuit Is the
Real Answer
Here's what I
tell clients in this situation: if the infringer is located in Korea, you don't
have to limit yourself to a U.S. lawsuit. In fact, filing for an injunction and
damages against the infringer in a Korean court can be a far more effective
solution. The evidence you already gathered through the DMCA process — the
infringer's account information, the infringing posts, and so on — can be used
in the Korean case too, to help identify the infringer and prove the
infringement. My firm has handled a number of these cases, and we're glad to
help copyright owners based overseas take fast, effective legal action against
infringers here in Korea.
A Real Case: How a Korean Court Issued an Injunction
There's already
a real example of a foreign copyright owner successfully obtaining an
injunction from a Korean court over this exact kind of problem. This particular
case was handled by a different law firm, but the same result is achievable
through firms like mine that regularly handle copyright litigation — so it's
worth walking through as a reference point.
A game studio
headquartered in Finland owned the copyright to a game it distributed through
Steam, the world's largest online game platform. The game featured characters
with distinctive designs, and several scenes — built around a strong storyline
— had become genuinely popular with players.
A user based in
Korea copied and altered these characters and scenes, drew them, and repeatedly
posted the results on social media accounts, including X. That user also made
and sold merchandise based on the artwork, both online and offline. The
copyright owner filed a DMCA takedown request with X, and the infringing posts
came down — but once the infringer filed a counter-notice, the posts went back
up for the reasons explained above.
At that point,
the copyright owner took real legal action in Korea, where the infringer was
located. Using the information gathered through the DMCA process, along with
additional evidence, the copyright owner identified the infringer's name,
address, phone number, and bank account details. After a thorough review of the
infringing posts across the infringer's various social media accounts, the
copyright owner filed for a preliminary injunction against copyright
infringement.
The court found
that by uploading the infringing artwork to social media and selling
merchandise based on it, the infringer had violated the copyright owner's
reproduction right, right to prepare derivative works, right of public
transmission, right of exhibition, and right of distribution — and that there
was a real risk the infringer would keep infringing. The court ordered the
infringer to stop, and added a penalty of 500,000 Korean won for each future violation.
The court also rejected the infringer's fair use defense entirely.
This
injunction didn't just stop the infringement inside Korea. Once a Korean court
rules that posting infringing content on a specific platform constitutes
copyright infringement, the platform itself risks liability if it knowingly
leaves the infringing content up, or lets new infringing posts stay online. In
this case, the copyright owner presented the injunction to X and other global
platforms, and that led to real results — the infringing posts came down and
the infringing accounts were suspended.
Why Korean Litigation Works: Real Damages and Real Speed
One reason many
overseas copyright owners hesitate to sue in Korea is a vague worry that the
damages awarded won't be worth the effort. That's not accurate. In countries
like China, courts often award damages equivalent to only a few hundred dollars
even when infringement is found, which makes litigation there feel like it's
not worth pursuing. Korean courts are different. When a plaintiff can
sufficiently prove the infringement and the resulting harm, Korean courts tend
to award damages in the range of several million Korean won or more. If the
infringement was for commercial purposes, or repeated and ongoing, the amount
can go even higher. Of course, the exact damages depend on the evidence and the
specifics of each case, so a case-by-case review is needed for an accurate
estimate.
My firm is one
of the most active copyright litigation practices in Korea. We've handled
copyright infringement cases across games, webtoons, illustration, music, and
video, and that experience lets us build an effective legal strategy quickly,
tailored to the specific type of infringement involved.
Speed matters
more than almost anything else in a copyright case. Evidence needs to be
secured before the infringer deletes it or takes down the infringing posts, and
an injunction request has to move quickly to meet the legal standard for
urgency. My firm moves fast on evidence collection and identifying the
infringer as soon as we take on a case, so we can take legal action as quickly
as possible. If you're a copyright owner based overseas dealing with
infringement by a Korean user, don't assume you're stuck just because the DMCA
process alone hasn't solved the problem. Legal action through the Korean courts
can actually be the more effective and more reliable solution. If you're facing
a similar situation, please feel free to reach out anytime.
To inquire about litigation in Korea, please contact: solon2025@naver.com
