Doing copyrights Gangnam Style

by on September 25, 2012 @ 11:22 am · 2 comments

in IP Law, Pop Culture

One of the videos that has taken the internets by storm comes way of South Korea, called Gangnam StyleThe Atlantic has a fantastic overview of its back-history and why it is so popular both in the Hermit Kingdom and globally.

Here is a copy via Youku (Youtube is blocked out here).

It has racked up more than 274 million views and its success is in part not just because of the subtle parodies of the posh Korean gu of Gangnam, but because its creator, Psy, waived all copyrights.  This (in)action thus paved the way for remixing and covers (among other creations).  The Guardian has more details:

The video also contains the seeds of its own reconstruction – which goes a long way to explain its success. The dance moves are simple enough to mimic and easily copied scenarios – such as the elevator scene – call out to be aped. Psy has produced a video that is born to spawn and has further facilitated this by waiving his copyright. This stands in high contrast to many western hip-hop stars who have been slow to relinquish control of their “intellectual” property in the same way (take Jay-Z’s Empire State of Mind, for example, which quickly generated a host of YouTube tributes that were quickly removed by EMI).

See also: Against Intellectual Property (pdf) by Stephan Kinsella.

Update:  Be sure to also read Mike Masnick’s detailed post over at TechDirt  and Evan Osnos’s excellent piece from The New Yorker, Why China Lacks Gangnam Style

About Tim Swanson (31 Posts)

Tim Swanson is a graduate of Texas A&M University. He has worked in East Asia for more than 5 years and currently lives in China. He is the author of Great Wall of Numbers: Business Opportunities & Challenges in China


{ 2 comments… read them below or add one }

1 corrie October 5, 2012 at 4:44 pm

I have a question for you…do you know where I can find proof that Psy has in fact waived the copyright on this song? My school is wanting to enter a contest using this song (doing a parody) and we would need to be sure we aren’t infringing on any copyright laws. Thank you!

Reply

2 Tim Swanson October 6, 2012 at 9:05 am

That’s a great question. The issue with copyright is that you typically cannot claim a trademark/copyright on some act or work unless you actively enforce it. By virtue of not suing/litigating against the hundreds of performers who have remixed his act/song Psy is essentially giving up claims of copyright ownership on it.

Furthermore since other student clubs, organizations and gatherings have used the song publicly without prosecution, you would probably get away with a non-commercial production (e.g., not monetarily benefiting from it).

If you’re interested be sure to become familiar with:

- Fair Use
- Derivative Work
- Public domain

See also: Against Intellectual Property (pdf) by Stephan Kinsella

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