01. K-POP Choreography and Copyright Issues

This article examines the copyright landscape in Korea, where XSTAGE operates.

Choreographies—artistic creations that embody their creators' vision and effort—are gaining increasing value in today's digital content market and popular culture. Yet due to inadequate legal protections, copyright disputes continue to arise both domestically and internationally. This article explores key choreographic copyright cases and their implications.

While K-POP choreography enjoys worldwide popularity, unauthorized use remains a persistent problem.

"Fortnite" Choreography Controversy

The U.S. game "Fortnite" sparked controversy by selling K-pop choreography moves as in-game "emotes."

The choreographers filed copyright infringement claims against the game company's unauthorized use, but unclear legal foundations hampered litigation. This case highlights the need for stronger copyright registration and protection systems to safeguard creative works like K-pop choreography.

Domestic Case: Secret's "Shy Boy" Choreography Copyright Lawsuit

In 2011, choreographer Park sued a dance school and its instructors for using the choreography of Secret's "Shy Boy" without permission.

Both the Seoul Central District Court and Seoul High Court recognized the choreography's creativity and ruled it a copyrighted work.

The court stated: "Choreography creatively composed to music and lyrics is subject to protection under the Copyright Act."

This landmark case first recognized popular song choreography as creative work, establishing legal precedent for choreographic copyright protection.

This ruling confirms that choreographies may receive copyright protection, requiring institutions to carefully evaluate potential infringement before use.

"Kuntari Shabala" Choreography Copyright Approval Case (2024)

In 2024, KB Financial Group's unauthorized use of the creative choreography from the 1996 song "Kuntari Shabala" sparked controversy.

Based on Kang's claim, the court recognized the choreography as copyright-protected work—marking Korea's first case of choreography receiving copyright protection.

This ruling marked a crucial shift in recognizing choreography as original creative work and strengthened choreographers' rights protection.

Ballet Copyright Infringement Lawsuit (2016)

A dispute between a choreographer and performance planning company (Case 2016 na 2020914) highlighted issues of creative contribution and copyright ownership in choreography.

Choreographer B sued after discovering performance planner A had used their ballet work without permission.

The planner claimed it was a "work for hire," but the court rejected this argument.

The court ruled that choreography created without employment relationship or supervision belongs solely to the choreographer.

This significant case confirmed creative contribution as the key criterion for copyright recognition and established clear standards for joint copyright ownership.

Conclusion: Importance of Copyright Protection for Choreography

Choreography transcends simple movement—it is artistic expression embodying creators' vision and effort. Cases worldwide underscore the necessity of copyright protection.

These cases demonstrate the pressing need to establish frameworks enabling creators to protect their rights.

Through strengthened legal protections and improved copyright systems, we anticipate enhanced creator rights and choreography's evolution into sustainable, independent content.