The Tragedy of "Black Rubber Shoes": Contemplating Policies

The Tragedy of "Black Rubber Shoes": Contemplating Policies

Introduction:
The controversy surrounding the copyright issue of "Black Rubber Shoes," raised by author Lee Woo-young, has led to ongoing disputes and misunderstandings even after the passing of the involved author. In an interview with Chosun Ilbo on March 20th, author Lee Young-il claimed that Lee Woo-young had a change of heart after agreeing to all conditions during the contract negotiation with Hyungseol, who was responsible for the story of the work. Furthermore, Lee Young-il subtly hinted at potential issues with Lee Woo-young, stating that Lee Woo-young made unilateral decisions regarding "Black Rubber Shoes" without consulting him, the original story writer. Additionally, Hyungseol strongly asserts, in an extensive interview with Weekly Kyunghyang, that they bear no responsibility in the matter. It is worth noting that even before entering into a contract with Hyungseol, Lee Woo-young had significant conflicts with Lee Young-il, and it was through the business and character copyright contracts with Hyungseol that the conflict was mediated. Hyungseol also claims that they did not benefit greatly from the "Black Rubber Shoes" related business and that any lawsuits against Lee Woo-young are more a result of Lee Woo-young's own fault. Both the Ministry of Culture, Sports, and Tourism and the Korea Communications Commission oppose the law based on the impact it would have on the industry. Considering the nature of the industries that both agencies oversee, it is essential to recognize the significant influence of the already established industrial structure and the potential for industrial interests to be reflected. However, opposing the law on the grounds that it could potentially harm the cultural and artistic industries due to the minimum requirement of establishing a certain hierarchical structure is implicitly acknowledging that a certain hierarchical structure is necessary for the cultural and artistic industries to exist as industries. Of course, whether the law is genuinely effective and whether it can have a significant impact if enacted are separate issues. As mentioned in the previous article, the "Law on the Protection of the Status and Rights of Artists" has already been enacted as of 2022. This law prohibits unfair practices against artists and provides detailed criteria for "unfair practices" through enforcement decrees. Currently, the enforcement decree mainly focuses on acts such as embezzlement, unfair trade condition settings, unwarranted interference, refusal or delay in profit distribution. The proposed "Law on Fair Distribution and Cooperation in the Cultural Industry" distinguishes the types of prohibited acts in the main text rather than in the enforcement decree and provides detailed prohibited acts in terms of intellectual property rights, compensation, and remuneration. In actual situations such as copyright contracts and various relationships, and in the process of resolving issues that arise, it is crucial to establish the "agency" that allows creators to stand on an equal footing as much as possible so that various rights, including copyright, can be exercised properly. If policy emphasizes the importance of creators' rights, what is needed is movement that ensures the participation and implementation of cultural and artistic creators in the process of determining and discussing actual policies. Furthermore, it is necessary to establish a connection with advocacy groups that continuously contemplate and address the issue together.

Digital Sovereignty in the Era of Platform Competition: Online Platform Laws and the Digital Nation's Future:
To mitigate the side effects of platforms, continuous discussions on self-regulation are needed. More importantly, we should ponder on how South Korea can survive in this global platform competition and how we can nurture our domestic companies. The immediate suspension of the competitive legislation of the OnPlaw, which is proposed 18 times, and the collective effort of the government, National Assembly, and businesses to consider the direction for South Korea's progress in the era of digital sovereignty competition are crucial for our nation's future.

Actionable Advice:

1. Promote Collaboration: Encourage collaboration between authors, artists, and creators involved in a work to ensure that all parties have equal opportunities to contribute and make decisions. This can be achieved through clear communication channels and open discussions during the creative process.
2. Establish Fair Contract Terms: Implement guidelines or regulations that protect the rights of creators during contract negotiations, ensuring that their contributions are properly acknowledged and compensated. Fair contract terms will help prevent disputes and promote a healthier creative environment.
3. Strengthen Copyright Education: Educate creators, consumers, and the general public about copyright laws and the importance of respecting intellectual property rights. This will help prevent misunderstandings, disputes, and unauthorized use of copyrighted works, fostering a culture of respect for creators and their creations.

Conclusion:
The controversies surrounding the copyright issue of "Black Rubber Shoes" and the need for digital sovereignty in the era of platform competition highlight the importance of fair policies and regulations. By promoting collaboration, establishing fair contract terms, and strengthening copyright education, we can create an environment where creators' rights are protected, disputes are minimized, and the creative industries can thrive. It is crucial for the government, National Assembly, and relevant stakeholders to come together and devise long-term strategies to navigate the challenges of the digital age and ensure the sustainable growth of our nation's creative industries.