The K-pop industry is no stranger to controversies, but recent plagiarism allegations between ILLIT and NewJeans have brought these disputes into the spotlight. CEO of Ador and producer of NewJeans accused ILLIT of copying various aspects of NewJeans’ concept.
As a leading IP law firm in Indonesia, we at Am Badar & Am Badar know that this accusation has led to significant legal and public battles, raising questions about copyright and plagiarism in the entertainment industry.
For a more comprehensive understanding of plagiarism in music and how it is measured from a copyright law perspective, we recommend you to read our related post, The Measure of Plagiarism in Music or Song, as well as this article.
Chronology of ILLIT Plagiarism Allegations
The conflict first erupted publicly in April 2024 when Min Hee-jin, CEO of Ador and the producer behind NewJeans, accused ILLIT, a group under the HYBE subsidiary BELIFT LAB, of blatant plagiarism. Here’s the detailed background and timeline:
1. April 2024: Initial Accusations
Min Hee-jin stated at a press conference on April 25 that ILLIT copied NewJeans’ hair, makeup, outfits, choreography, and event appearances. It was further amplified by comments from NewJeans’ performance director, Kim Eun-ju.
2. May 2024: Response and Legal Actions
In response to these accusations, BELIFT LAB, the agency behind ILLIT, issued a video on May 13 to deny plagiarism charges. The video linked ILLIT’s dance to other female groups, arguing that NewJeans’ similarities were ubiquitous throughout K-pop.
The legal dispute intensified on May 22 when HYBE and BELIFT LAB denounced Min Hee-jin to the police for slander, commercial obstruction, and breach of trust.
3. June 2024: Court Decisions and Public Sentiment
Despite Min’s victory in an unrelated injunction action against HYBE, ADOR shareholders opted to keep him as CEO by the end of May. This judgment did not address plagiarism allegations but exacerbated tensions.
4. July 2024: Public and Expert Opinions
This argument resumed in July 2024 with K-pop critics and industry specialists. While ILLIT may resemble NewJeans, experts say legal plagiarism, especially in choreography, is difficult to prove under present copyright regulations.
Discussions also focused on whether choreographic elements can be legally protected as copyright, highlighting the broader implications for the K-pop industry.
Point of Plagiarism Scandal in the ILLIT & New Jeans Case
As the legal battles continue and public opinions evolve, the resolution of these allegations will likely have lasting effects. But overall, here are the points highlighted in this case:
1. Choreography Controversies
The central issue of the plagiarism allegations revolves around the choreography. Min said ILLIT’s “Lucky Girl Syndrome” dance resembled NewJeans’ McDonald’s ad.
Then, ILLIT’s BELIFT LAB firmly denies these assertions. They uploaded a video comparing ILLIT’s dance to S.E.S and Girls’ Generation to deny copying.
This defense, however, has been met with criticism, with some viewers feeling that the comparisons were insufficient and dismissive of the originality of the alleged copied work.
2. Concept and Visual Style Disputes
Aside from choreography, there are accusations regarding the visual and conceptual similarities between the two groups. Min Hee-jin claims ILLIT copied NewJeans’ hair, makeup, and costumes.
This broader accusation has sparked disputes over ILLIT’s style and ideas. Critics say these features are significant but frequently affected by trends and may not be plagiarism.
BELIFT LAB contradicts these assertions by showing internal papers and planning materials to demonstrate ILLIT’s branding before NewJeans’ success. This initiative strives to show that similarities are coincidental, not copycats.
Why Does the K-Pop Industry Often Experience Copyright Violations?
Actually, the case of plagiarism allegations is not new. K-pop groups are known for their performances, but copyright and copying issues sometimes arise.
But why does K-pop face these challenges? For your information, the industry thrives on a formula of unique choreographies, catchy songs, and striking visuals. However, this formula typically overlaps creative material, generating copyright gray zones.
Due to the propensity to copy popular styles, K-pop groups often adopt identical dance techniques or themes. This may blur the borders between inspiration and copying, leading to plagiarism accusations, like the ILLIT vs. NewJeans case.
1. List of KPOP Copyright Violation and Plagiarism Cases
With several agencies competing for attention, copying claims may also be used to weaken competitors or preserve intellectual property. Here are other cases as examples:
-
IU’s Plagiarism Accusations
Famous K-pop solo musician IU was accused of plagiarism in 2023. She was accused of duplicating “Good Day” and “BBIBBI”. IU did not write the disputed song elements, hence the plagiarism allegations were unfounded.
- BTS Jungkook vs. Yang Joon Young
BTS member Jungkook was accused of imitating Yang Joon Young’s scale composition for “Seven”. Yang said Jungkook plagiarized Fin K.L’s song. The claims were eventually disproven.
- FIFTY FIFTY vs. Evrencan Gündüz
Fans compared FIFTY FIFTY’s “Cupid” to Evrencan Gündüz’s work. The similarity led to the group being accused of copying Gündüz. The Turkish singer was surprised by the similarities, but FIFTY FIFTY’s agency denied them in a statement.
The Role of Copyright Law in the Entertainment World
So, what can we learn from these cases? All things considered, copyright law protects artists, musicians, and performers’ creative creations, making it vital to the entertainment sector.
This law gives authors unrestricted rights to reproduce, perform, and exhibit their works. In an industry where ideas and information are exchanged and recycled, this protection helps artists secure their IP.
In many countries, including Indonesia, copyright law extends to various forms of creative work, such as music, films, and choreography. In Indonesia, it is governed by Law No. 28 of 2014 on Copyright to ensure that creators are credited and compensated for their work.
Entertainment Workers Must Know Copyright & Plagiarism Rules
To minimize accidental infractions and safeguard their creative works from misappropriation, entertainment industry professionals, particularly those in production and performance, must be well-versed in these regulations.
For example, if an artist or company uses another’s work without permission, it could lead to legal disputes and financial consequences. Thus, it is crucial for entertainment workers to familiarize themselves with these laws to avoid unintentional violations.
Consult on Plagiarism and Copyright Violations with Am Badar & Am Badar
At Am Badar & Am Badar, we offer expert consultation on matters related to plagiarism and copyright violations. Whether you’re an artist or an entertainment company, our IP legal experts can help you negotiate these complicated concerns.
For tailored advice and legal support regarding plagiarism allegations, we invite you to explore our copyright services and reach out to us through our contact page. You can also check out other services, as well as our insights page for more information.
If you are interested in studying related cases of copyright infringement, we recommend reading this: Sued Twice for Copyright Infringement, Dua Lipa Levitates Into Courtroom.
