On October 21, Big Hit Entertainment’s application to copyright the term “BORAHAE” was rejected by the Korean Intellectual Property Bureau (KIPO).
But what is the basis for denying an entertainment agency copyright? And the big question is – who is the owner of the commemorated trademark?
Refusal to release a big hit for copyright “BORAHAE”
The color “purple” is endearing to ARMYs because whoever coined the term said it meant “trust” and “love.”
To further commemorate the bond between ARMYs and BTS, the term “BORAHAE” was born at a BTS concert in 2016. In ARMY-BTS language, it means “I Purple You”, which translates to “I love you”. until the end of days. “
(Photo: Twitter | @bts_bighit)
Fast by 2022, caressing gained popularity, to the point where cases were brought up on a legal basis!
In 2021, LALALEE, a beauty brand, attempted to file a copyright claim on the term “BORAHAE”. As expected, the application was withdrawn and the cosmetics brand apologized.
According to the entertainment agency, various attempts to “acquire rights to representative conditions related to HYBE and its artists” are a serious problem. Consequently, Big Hit Entertainment has to act and “apply for the copyright itself”.
In accordance with the law resulting from Art. 34 sec. 1 of the 20th Act on trademarks, KIPO did not transfer the copyright to the trademark to Big Hit Entertainment.
To contextualize the legal basis, KIPO recognizes BTS member Kim Taehyung (professionally known as V) as the creator of the term.
THIS MAY INTEREST: BTS V criticized for his attitude at the airport – here’s how he reacted
This means that if Bight Hit Entertainment wishes to inherit the copyright to the term “BORAHAE,” V must recognize the agency and agree to the entertainment label’s copyright. V could also try to apply for copyrights himself, as reported by the Korean media.
Additionally, because V and Big Hit Entertainment have an employee-employer relationship, the company could not apply copyright to him.
The reports also made clear that although a member of BTS V “officially does not own” the copyright, he was credited with being the creator of the term. Hence, they have trademark rights.
BTS ARMY react to the issue of “BORAHAE”
This incident caused the ARMYs to share opinions. Some fans believe entertainment agency V is taking away his credits, while some see the action as a way for Big Hit to protect its artist and fans.
I can’t believe hybe was trying to hijack the brand and have borahae for themselves (without Tae’s discretion) when they have their creator in their house under management, how low, hella low !!
Hope the next step is official trademark registration by Tae !! https://t.co/Eku3QTR2Cd
– “ (@BELLAKTH___) October 7, 2022
On Twitter, here are some fan comments:
“Hybe, stop taking Taehyung’s merits from him. The world knows Borahae was invented by him. Give him his due! Honor your artist! #BorahaeKimTaehyung #BorahaeV”
“I purple you” https://www.kpopstarz.com/borahae “belongs only to Kim taehyung and only to Kim Taehyung.”
“Some of you need reading comprehension lessons. Hybe filing a trademark for Borahae did not take it away from Tae, they tried to protect it for BTS & Army. “
READ MORE: BTS V reportedly participates in BLACKPINK listening, more evidence of dating released
Consequently, Big Hit Music strictly respects the unauthorized use of artist portraits and trademark rights, as manifested in their on-site activities at the Busan Yet to Come.
[공지] Notice of use of the artist portrait and trademark without permission (+ ENG) pic.twitter.com/7F04TUHK2d
– BIG MUSIC (@ BIG MUSIC) October 11, 2022
ARMYs, what do you think about this KIPO decision?
KpopStarz has this article.
Sophia Carson wrote this article.