Bank of Korea Wins First Trial in Copyright Lawsuit Over 100-Won Coin Featuring Yi Sun-sin Portrait
Court Confirms Contract for Portrait Production with Artist Jang Woosung and Han Eun, but Rejects Damages Claim
The family of the late Oriental painter Woljeon Jang Woosung, who painted the portrait of Admiral Yi Sun-sin used on the 100-won banknote, lost the first trial in a copyright infringement lawsuit filed against the Bank of Korea.
On the 13th, Judge Jo Jinyong of the Civil Division 216 at the Seoul Central District Court ruled against the plaintiff, Jang's son Jang Mo, in the damages lawsuit against the Bank of Korea.
Judge Jo stated, "Based solely on the plaintiff's claims, it is difficult to accept the argument that the Bank of Korea infringed the reproduction rights and caused damages," and added, "It has been confirmed that Painter Jang had a contract with the Bank of Korea to produce the portrait and received payment, so the copyright of the portrait for currency design belongs to the Bank of Korea."
The portrait of Admiral Chungmugong painted by Painter Jang was designated as the first standard portrait in Korea in 1973 during the Park Chung-hee administration. At the request of the Bank of Korea, it was newly produced as a portrait for currency design and has been used on the front of the 100-won coin since 1983.
Mr. Jang filed a lawsuit claiming copyright infringement, stating that Painter Jang's portrait of Admiral Chungmugong was used on the 500-won bill from 1973 to 1993 and on the 100-won coin used from 1983 to the present.
During the trial, the family argued that they had not been properly compensated for copyright fees over the past 40 years, and that some groups criticized Painter Jang's pro-Japanese activities, labeling him as a pro-Japanese artist, strongly demanding the return of the portrait.
On the other hand, the Bank of Korea argued that when producing the Yi Sun-sin currency portrait in 1975, they paid an appropriate amount of 1.5 million won, which was not a small sum considering the prices at the time. The Bank also stated that they produce currency portraits based on the standard portrait and use them as designs, and that the copyright of the currency portrait belongs to the Bank of Korea, so there is no issue.
The court sided with the Bank of Korea. Judge Jang ruled, "The portrait of Admiral Chungmugong for currency design originally belongs to the Bank of Korea, the commissioning party, under the old Copyright Act," and added, "Since the plaintiff cannot be considered to have acquired the copyright, the claim for damages cannot be accepted."
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He further stated, "Painter Jang entered into a production supply contract and produced the portrait of Admiral Chungmugong for currency design, receiving 1.5 million won from the Bank of Korea, so ownership of the portrait for currency design cannot be considered reserved to Painter Jang."
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