"We stand for artists right": BTS comic book by TidalWave faces backlash due to alleged violation of Intellectual Property rights

The recent enlistment of South Korea's K-pop phenomenon BTS and their ascent to fame are now the subjects of a new comic book series. The 22-page book is now part of TidalWave Comics' FAME series.

Comic novels based on the lives of actors, singers, and sports figures are presented in TidalWave Productions' FAME series. Stars from across the world, such as Jennifer Lawrence, David Beckham, 50 Cent, Beyoncé, and Taylor Swift have previously been included.

These seven members—RM, Jin, SUGA, j-hope, Jimin, V, and Jung Kook—will be the subject of a graphic book that will detail their rise to fame and their transformation from idols to soldiers. However, the book has now come under fire from netizens, many of whom are alleging that making a book on the lives of BTS members is a violation of their rights.

Disclaimer: Please note that Sportskeeda is not able to provide legal advice and therefore cannot make fair use determinations for library patrons or give guidance on whether permission is necessary for particular uses.

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Fans enraged at TidalWave for allegedly violating BTS' intellectual property rights

The story of the BTS members from their 2013 debut to their ascent to becoming a worldwide pop phenomenon and grace platforms such as UNESCO, UNICEF, the White House, and more, will be the subject of the most recent installment of the series, FAME: BTS. The book has reportedly been penned by Eric M. Esquivel and illustrated by Lucy Fidelis Arts.

Along with depicting their transition from pop stars to soldiers, the comic book is also expected to follow each member's unique military enrollment procedure, beginning with Jin, the oldest. FAME: BTS is expected to appear on the shelves of physical US bookshops as well as online retailers like Amazon on Wednesday, January 10.

However, contrary to expectations, the BTS ARMY did not take the new announcement well, as several of them were concerned about the alleged violation of the artists' intellectual property and the copyright to the band name and identity.

For the unversed, any creative work produced by the human mind, whether it is in the arts, sciences, technology, or other fields, is considered intellectual property (IPR). The legal right granted to an inventor or creator to keep their idea or innovation secret for a predetermined amount of time is known as intellectual property rights or IPR.

For a certain amount of time, these legal rights grant the inventor/creator or his assignee the only right to make full use of their innovation, as stated by the World Trade Organisation. However, as per the Office of Scholarly Communications and Copyright, as part of the "Fair Use" section under copyrights, a company can create material based on a subsequent factor. Fair use is supported if the material one is utilizing is more factual than artistic.

It may not be considered fair usage if it is more artistic (fictional) than factual. For straightforward cover photos and movie posters, the second component, while comparatively little, marginally enhances the fair usage analysis.

However, fans of BTS are of the opinion that TidalWave has allegedly violated the artists' rights by creating a comic book for their personal monetary gain. They reacted to the news on Twitter, expressing their decision to bring HYBE's attention to the matter by emailing them:

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What are Intellectual Property Rights & Copyright and how can a brand create materials with "Fair Use"?

Laws that are unique to the expression of ideas safeguard intellectual property. The legislation that applies specifically to the visual or auditory expression of ideas is known as copyright. Copyright protects a different way of thinking than trademarks, which identify a particular product or design as protected.

Copyright protection applies to music covers, movie covers, and book covers. Nonetheless, under some conditions, individuals are permitted to use copyrighted content without obtaining permission thanks to the "Fair Use" clause in US copyright law. Fair use does not need notification to the copyright owners or permission from them.

As per the Office of Scholarly Communications and Copyright, many applications of movie posters and cover art are highly encouraged by fair usage. The first factor is preferred goals under this category including critique, observation, reporting on the news, instruction, scholarship, and research. Fair use is supported when a cover or poster is used for one of these objectives. Fair usage is also supported by nonprofit educational purposes.

However, under the second factor, fair use is supported if the material being utilized is more factual than creative. Fair use is violated if it is more artistic than factual.

The third criterion states that fair use is violated when a significant portion of the work, or the portion from which the work gets its value, is used. Book covers frequently have copyright registration restricted to the book itself, whereas movie posters and CD covers are probably regarded as independent works.

The fourth factor states that the use you make of the copyrighted material will have an effect on its value or possible market.

However, as per the second clause or second factor, if TidalWave's creation of the Bangtan Sonyeondan comic book is less factual and more fictional, then they would be under infringement of the copyright and Intellectual Property Rights.

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Fans have been mailing BIGHIT MUSIC (now HYBE) regarding the upcoming comic book as they sought the company to take action against TidalWave's alleged copyright and Intellectual Property Rights violation of the BTS members.