How Should You Respond to Character Copyright Infringement? The 6 Most Common Types of Infringement

As the character IP market grows, cases of copyright infringement are also increasing.

There are cases where it is clearly illegal, such as merchandise featuring my character being sold without permission, but there are also instances where disputes arise even after a contract has been signed, or where it is ambiguous whether to block fan-made merchandise or just let it be.

As such, character copyright infringement is not limited to ‘obvious illegality.’

Since there are far more situations where boundaries are blurred and response methods vary by type, it is important to know how and what kind of infringements occur to properly protect your character.

1️⃣ Unauthorized reproduction, commercialization

It is the most common type and causes the largest scale of damage.

It refers to cases where character images are taken and used for merchandise, clothing, printed materials, packaging, etc., without permission.

Since they are often distributed in large quantities through Chinese manufacturers, the damage is frequently already significant by the time they are discovered.

If you discover unauthorized copying or commercialization, your first priority is to secure evidence such as screenshots of the sales page, URLs, and seller information.

Afterwards, you can report copyright infringement on the platform or use the Korea Copyright Protection Agency's online infringement reporting service.

If the scale of damage is significant, you should also consider taking legal action after sending a certified letter.

2️⃣ Creation of similar characters

It is a case where they didn't copy my character exactly, but made the appearance, colors, poses, and names similar to confuse consumers.

It is also the type where disputes occur most frequently because the boundary between 'plagiarism' and 'inspiration' is ambiguous.

In fact, the more popular a character is, the more frequently it suffers from the problem of similar characters.

The key to this type is ‘dependence’ and ‘substantial similarity.’

Here, ‘dependence’ refers to the possibility of having encountered the original work, and ‘substantial similarity’ refers to judging whether there is a similarity in creative expression.

It is not simply typical expressions like a disproportionate body, a large head, or a rabbit; there must be similarity in specific facial features, expressions, unique style, etc., to be considered copyright infringement.

However, unfortunately, it is not easy for an IP holder to prove substantial similarity on their own, so it is recommended to seek the help of an expert.

If you want to prevent the production of character imitations in advance, it is advisable to register the character's copyright and record the entire process (from character development to usage).

3️⃣ Unauthorized use of social media and online

Uploading character images as file or using them in content without attribution may result in copyright infringement.

The damage per incident may seem small, but if it spreads widely, the character's image becomes uncontrollable and can lead to secondary damage.

Each platform has a channel for reporting copyright infringement.

Major platforms such as Instagram, YouTube, and Naver all have a system that allows copyright holders to report directly, and there is a procedure for deleting the relevant post after a report is made.

Even if there is no designated reporting channel, you can receive guidance on how to respond through consultations with the Korea Copyright Protection Agency or the Korea Copyright Commission.

However, since unauthorized use occurs so widely, there are cases where clearly stating the original source on official channels is more effective in the long run than responding to every single case individually.

4️⃣ Commercial use of derivative works

This is a case where fan art or derivative works are utilized for merchandise sales or profit generation beyond the scope of personal appreciation.

It is a difficult type to deal with because it is intertwined with fandom culture.

While fans' voluntary creative activities stem from their affection for the characters, commercial use is an act that infringes upon the rights of the IP holder.

Therefore, from the perspective of IP holders, a balance is needed to protect rights while also safeguarding the fandom.

One way is to officially announce guidelines for derivative works.

If you establish clear standards, such as allowing non-commercial derivative works for personal enjoyment but requiring a separate contract for commercial use, you can reduce unnecessary conflicts with fans and protect your rights.

5️⃣ Use exceeding contract scope

This is a case where a partner with a formal licensing agreement uses a character on channels, for a specific period, product category, country, etc., that are not specified in the contract.

Since this is a type of situation where disputes arise even with a contract, IP holders need to be especially careful.

This includes situations that were not anticipated at the time of the contract, as well as cases where the brand partner intentionally exceeds the scope.

In such cases, prevention is the best approach.

When drafting a contract, you must specify the available product categories, distribution channels, contract period, applicable regions, and whether modifications or alterations are permitted as concretely as possible.

It is safer to specify items like 'clothing, stationery, keyrings' rather than using a broad word like 'goods'.

During the contract period, you must regularly check usage status and immediately raise the issue in writing if there are any abnormalities.

6️⃣ Unauthorized use of AI training data

It is one of the newly emerging copyright issues.

There is a growing number of cases where character images are collected and utilized as training data for AI models, or where specific character styles are trained to generate similar images.

There are cases where character images are included in training data without the IP holder's permission, or where AI-generated images are created in a form very similar to the original character.

Although legal standards for this issue have not yet been fully established, if the original work is used as training data without modification or if the generated result is substantially similar to the original character, it could potentially lead to copyright infringement or unfair competition.

In particular, the stronger the visual characteristics of content, such as characters, the greater the likelihood of disputes regarding similarity with AI-generated images.

While there is currently no perfect preventive method, it is necessary to protect your rights by managing the visibility of official images and high-resolution original files, and by considering reporting to the platform or taking legal action if instances of unauthorized use are discovered.

🤚 Prevention is the most important thing when it comes to copyright infringement.

Copyright infringement is a reality that you can encounter at any time while running an IP business.

The important thing is to register your rights in advance and carefully prepare a contract, rather than responding hastily after being infringed.

Simply checking these four things—copyright registration, trademark application, derivative work guidelines, and contract clauses—will put you in a much more advantageous position in an infringement situation.