Inquiry
Hello. I operate an overseas purchasing agency shopping mall. Specifically, I download images uploaded on overseas websites (e.g., websites similar to Korea’s 11st or Auction), and use those images to list products on the online shopping mall I operate.
In my case, I take image files from overseas websites (file format: JPG), translate the foreign-language text into Korean, and modify the images accordingly. I also create so-called “video GIFs” (file format: GIF) from the aforementioned JPG image files to decorate the product pages.
However, I recently discovered that other domestic online shopping malls have copied my product pages exactly as they appear on my site. Of course, the images originally downloaded from the overseas websites are the same.
Nevertheless, they are also copying the images that I personally spent time creating, including images in which I translated and modified the foreign-language text into Korean, as well as the video GIFs I created.
In such circumstances, I would appreciate your advice as to whether this constitutes copyright infringement or any other legal violation, and how I should respond to other online shopping malls that are copying my work.
Thank you.
Response
The translated text and video GIFs that you created appear unlikely to possess a sufficient degree of creativity to qualify for copyright protection as copyrighted works.
Likewise, the product pages decorated using such image files and other materials also appear unlikely to qualify for copyright protection.
However, if a competitor has copied and used your website as it is, thereby obtaining profits and causing you damage, such conduct may constitute an act of unfair competition under the Unfair Competition Prevention and Trade Secret Protection Act (specifically, the unfair competition act under item (cha)). In such a case, it may be possible to seek an injunction against the continued use of the copied website and claim damages.