Laws Scrutinize Parody Differently In Different Countries
Laws Scrutinize Parody Differently In Different Countries
  • Ewha Voice
  • 승인 2004.09.07 00:00
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Different countries have different definitions for parody. In Korea, parody is simply making fun of someone or something, whereas in the U.S., parody is closer to plagiarism because they imitate a person? work to create a new piece intended to insult that original creator. Since each country? parodies are created for different purposes, different laws apply to them.
According to professor Kim Kyu-cheul? (Seowon Univ., Advertising Public Relations) academic journal, parodies in Korea usually use two or more pictures to create a new picture with a different meaning and concept inserted. To achieve this, people use technology such as Photoshop or other programs. Therefore, the Korean term is a little different from the original. Instead of imitating someone else? work to criticize or insult that person, Koreans use movie posters, pictures, and advertisements to mock the society, present situation, public service personnel, and other famous people. ?his adds to the effectiveness of the parody since the audiences are already familiar with what? being used, says professor Kim.
Meanwhile, in the U.S., parody is reusing the artwork to mock the artist or the artwork itself. In the U.S., parody is usually changing small parts of the story of certain novelists, redrawing someone else? artwork, but with both same and different characteristics. Unlike Korea? parody works, U.S.? parody works use only one piece of work at a time. Therefore, U.S.? term of parody is similar to its original meaning. This too is highly effective since viewers are aware of the original work.
Since parodies in two countries serve different purposes, laws that correspond in each country is different. In Korea, parody is taken as disgracing someone else? reputation.
·Case Study I
In July 2004, university student Shin Seung-min (26) was sued for remaking movie posters by inscribing politicians faces. Here, Shin insulted the politicians severely and the politicians sued him for disgracing them before elections. Nevertheless, the law applied to this situation was election law. Due to the violation of the election law which states that one should not affect the election by expressing one? opinion in public during election period. Shin paid a penalty of 1,500,000 won and was released.
On the other hand, in the U.S., parody is taken as plagiarism or a violation of copyright.
·Case Study II
Around mid July 2004, JibJab Media Company made a film featuring Bush and Kerry. This movie used Woody Guthrie? classic song, ?his Land Is Your Land, which The Richmond Organization? unit of music publication, Ludlow Music, has copyright to. This film was so popular that through the Internet, it reached New Zealand, the Netherlands, and Guam from the U.S. and around 25 million people logged on to the JibJab site to watch this film. This became a problem since JibJab Media did not get permission from Ludlow Music before using the song. First, Ludlow Music asked JibJab Media to remove the song, but the request was ignored. Therefore, Ludlow Music sued JibJab for violating the copyright law.
Nevertheless, the creators of parody argue that it is their freedom of expression. Therefore, to find a middle point, there are limitations to what is illegal and what is acceptable or legal. If the original work was used for education, critique, or research, they are exempted from law responsibilities.
Unlike the U.S., Korea still has not advanced enough to take parody seriously and set regulations to control it. ?n order to solve copyright issues concerning parody, the two following points need to be addressed and be analyzed. First, there must be a clear outline between plagiarism and parody. Second, there must be a clear standard of parody that determines the rightfulness, said professor Kim.

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