[instiz] FIFTY FIFTY WON’T BE ABLE TO SING CUPID

The Givers, who are in conflict with the group FIFTY FIFTY’s agency ATTRAKT, have won a complete legal victory in the copyright dispute over the song Cupid.

The Seoul Central District Court Civil Division 62 (Presiding Judge Lee Hyun-seok) ruled in favor of The Givers in the copyright confirmation lawsuit filed by ATTRAKT, stating:
“The plaintiff’s claims are without merit and are therefore all dismissed.”

ATTRAKT had filed a lawsuit last year asserting that the copyright to Cupid, held by The Givers, actually belonged to them and demanded the rights be transferred.

ATTRAKT claimed ownership of Cupid’s copyright, but the court recognized that The Givers were the actual party to the copyright transfer agreement, and that all substantive actions (such as contract execution, negotiations, and financial burden) were carried out by The Givers.

The court emphasized, “A contract must be interpreted based on its written terms, not on internal intent,” affirming that The Givers clearly hold the creative rights.

ATTRAKT argued that the service contract they signed with The Givers included copyright acquisition duties, but the court found that “no such clause is specified in the contract, and in reality, The Givers undertook the contract at their own creative discretion, assuming high risk.”

The court also determined that ATTRAKT’s release of an album using the master recording is a separate matter from owning the copyright to the song’s intellectual property.

In this case, ATTRAKT also made alternative claims, such as seeking to be recognized as a co-author, but the court rejected all such arguments. The ruling broadly affirms The Givers’ rights based on the contractual documents, negotiation roles, creative involvement, and payment history.