Copyright Dispute Over 'Black Rubber Shoes', Appeal Court Overturns First Instance Judgment
In the legal dispute regarding the copyright of the popular cartoon 'Black Rubber Shoes', the appeals court has overturned the first instance ruling.
On the 28th, the Civil Division 4 of the Seoul High Court (Judge Kim Woo-jin) ruled that Hyungseol Publishing's character company, Hyungseol & Co., must compensate the late writer Lee Woo-young's family 40 million won.
This ruling completely reversed the first instance decision, where the family was ordered to pay Hyungseol & Co. 74 million won.
The court ruled against the plaintiffs in the damage compensation lawsuit filed by Hyungseol & Co. and its CEO against the family, while also holding Hyungseol & Co. and its CEO liable for 40 million won in a copyright infringement prohibition lawsuit filed by the family.
Court Limits Use of 'Black Rubber Shoes' Characters
Furthermore, the court determined that the existing business rights contract between Hyungseol & Co. and the late writer Lee Woo-young was invalid. Consequently, it imposed restrictions stating that "Hyungseol & Co. must not produce, sell, or distribute any creative works representing each character of 'Black Rubber Shoes'."
'Black Rubber Shoes' is a popular cartoon that was serialized in 'Boys Champ' from 1992 to 2006, comically depicting the stories of elementary school student Gi-young, middle school student Gi-cheol, and their families against the backdrop of 1960s Seoul. This work has established itself as a representative national cartoon loved by many readers during that time.
The beginning of the dispute dates back to 2007. Writer Lee Woo-young signed a contract with Hyungseol & Co. stating that "all business and contract rights related to the work will be transferred to the publishing house."
However, after the writer drew a comic book featuring the characters of 'Black Rubber Shoes', the publishing house claimed in November 2019 that the writer had violated the contract and engaged in unauthorized work, seeking damages. In response, Lee Woo-young also initiated legal action in July 2020 by filing a copyright infringement prohibition lawsuit.
Unfortunately, as tensions between both sides escalated and the trial was delayed, Lee Woo-young passed away in March 2023.
Image source: Animation 'Black Rubber Shoes', late writer Lee Woo-young / youtube 'boda 보다', reference photos for better understanding of the article / gettyimagesbank
