by Journalist Yoon Hyejin
Did ILLIT really copy New Jeans?
The girl group ILLIT, which debuted with their first mini-album 'SUPER REAL ME' on March 25th, is under the HYBE-affiliated label BELIFT Lab. The members were selected through the survival program 'I-LAND', with Bang Sihyuk serving as the chairman and producing their debut album. Despite debuting about 6 months after the end of the audition program, ILLIT has set various records by combining extensive promotion as the 'HYBE youngest daughter' with TikTok-sensational songs, reminiscent of the Y2K era, and a dreamy-and-innocent concept with a hint of alpha vibes.
However, it is undeniable that there were opinions suggesting similarities between New Jeans and ILLIT's concept. At first glance, there are three points that the public may feel are similar: the number of members, hairstyles, and choreography. Both groups consist of 5 members, including 2 overseas members each. The number of members can be the reason why they give a similar impression in choreography or group photoshoots. Also, all five members of ILLIT had long black hair styled uniformly to showcase their innocence, similar to when New Jeans first debuted with 'Attention'. Of course, long-black hair is not a unique style that only New Jeans has. However, the narrative changes when they use their long hair as a point in choreography. In fact, the choreography in ILLIT's song 'My World', where members sweep their hair after turning around, is similar to the choreography movements in New Jeans 'Attention'. In addition to this movement, there were discussions about the similarities to the choreography of New Jeans' 'Ditto' and LE SSERAFIM's 'EASY'. Furthermore, even in ILLIT's recent song 'Lucky Girl Syndrome (Sped Up)', similar hand movements to New Jeans' McDonald's CM song choreography can be seen.
Even though their concepts may be similar, but it's tricky to claim this as a legal issue
However, it's not easy to determine plagiarism just because the concepts are similar. Kim Taehwan, an intellectual property specialist at the law firm Daeryun, said, "When considering ILLIT and New Jeans as individual products, there is a high likelihood of similarity." He explained, "However, to assess whether there is a violation of copyright, we need to examine whether they are infringing on copyright or violating the Unfair Competition Prevention Act based on legal judgment."
Concepts, in the realm of 'ideas', are not protected under copyright law. Copyright law distinguishes between 'ideas and expressions', protecting only the 'expression' while not protecting the 'idea' itself. In this case, if similarities are detected in the music, choreography, and photoshoot, then it may be considered as a copyright infringement. However, Lawyer Kim Taehwan said, "The lyrics and melodies of the songs of the two groups are different, and there are many differences in the individual choreography according to the flow of music." He said, "If this were to proceed as a copyright infringement lawsuit, there would likely be multiple legal defense arguments, making it difficult to recognize copyright infringement."
Is it normal for groups under the same label to have similarities?
Actually, when it comes to the similarity in concepts, the opinions among industry insiders are divided on the question of whether it's okay for labels under the same parent company to cause plagiarism controversies like this. Critic Kim Young-dae expressed regret on the "Amplified" podcast, saying, "Right now, HYBE should be leading the way, but instead of presenting something new, they're repeatedly creating the most perfect state they can achieve."
However, some think it's not a problem since both groups are under the same label. One industry insider said, "Just like how Samsung uses their previous phones as references when they make new phones, idol groups released by the same company should be allowed to have similarities." He continued, "Even if Min Heejin is currently leading another group, she originally joined HYBE in 2019 as the Chief Brand Officer (CBO). HYBE would naturally want to use Min Heejin's abilities in all of their groups."
So, if another group from another subsidiary label used New Jeans' formula to benefit their own self as a whole, would this be legally acceptable? Currently, each label under HYBE handles content production, while promotion and legal matters are handled by the parent company, HYBE.
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-If it's normal for groups under the same label to have similarities, why even bother having subsidiary labels?
-HYBE is seriously so annoying. They're ruining K-pop.
-Why is similarity considered normal?γ
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I mean, does that even make sense?
-Does it matter if there's a legal problem or not? Seriouslyγ
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-We all have eyes, you know.
-'Is it normal for groups under the same label to have similarities?' If it's normal, why bother having subsidiary labels?? I mean.. They're from different companies, aren't they? Each one is an independent label.
-What's going on with all this....?
-The second-hand embarrassment is real right nowγ
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-A subsidiary label under HYBE is imitating a group from another subsidiary label under HYBE. Isn't that weird enough already?
-Why is HYBE's side so full of nonsense?γ
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-HYBE = Pathetic
-I'm never going to support HYBE again.
-They're just so pathetic... and petty....
