黄智媛
Partner概观
Ms. Jiwon Hwang is currently a partner at Shin & Kim. She focuses her practice on intellectual property, copyright and entertainment, and media contents.
Since joining Shin & Kim in 2015, Ms. Hwang has been an active lead attorney in major cases related to copyright and media contents, and has successfully represented in various traditional copyright infringement lawsuits such as plagiarism, disputes over copyright royalties on behalf of broadcasting companies and contents companies, disputes over investment in film and drama production, disputes over contracts for music records and performances, disputes over broadcasting rights of domestic sports associations, and consultations on exhibitions at overseas art museums. Commissioned by the Ministry of Culture, Sports and Tourism, she developed the standard contracts for art and professional sports currently used in the industry, and has also provided a significant number of legal reviews related to services using generative AI.
Ms. Hwang completed her LL.M. course at UCLA in 2022 and passed the New York State Bar Examination in the same year, and was awarded a commendation from the Minister of Culture, Sports and Tourism in 2023 for her contributions in the field of copyright and contents.
业务领域
工作经历
- 2015-PresentShin & Kim LLC
主要业绩
Copyright
- Represented iMBC, KBS Media, SBS Content Hub, and SBSi and won acquittal in a criminal case on copyright royalties
- Copyright litigation between Golf Zone and a golf course design company
- Legal advice related to the production of TV series prequels by a terrestrial broadcasting company
- Represented the Ministry of Culture, Sports and Tourism in a litigation case against OTT companies in relation to the regulations on the collection of royalties for copyright works
- Litigation and consultation on infringement of database rights related to data crawling of entrance examination information
- Case on relative copyright royalty of Korea Music Copyright Association (represented terrestrial and cable broadcasting companies, movie theaters, production companies, karaoke rooms, and OTTs)
- Playwright copyright: Won litigation on damage compensation for copyright infringement of film <Daeho>
- Broadcasting format copyright: Won litigation on injunction to stop production of Chinese entertainment program, <Star Ganglim (明星降臨)>
- Criminal violation of copyright law regarding the use of IR(Investor Relations) material, pleaded and found not guilty for all first, second and third instances
- Awarded constitutional decision for constitutional complaint regarding revision of ‘commercial music record’ in Article 29(2) of Copyright Act (on behalf of a stakeholder)
- Represented the Ministry of Culture, Sports and Tourism in a litigation related to the disposition of approval of the Korea Music Copyright Association’s regulations on the collection of royalties for copyright works
- Represented the Ministry of Culture, Sports and Tourism in a litigation related to the disposition of cancellation of designation of the Recording Industry Association of Korea as an organization eligible to receive compensation
- Provided legal review and counsel on Copyright Act and various regulations for a service launching of IT company (AI service, real-time internet broadcasting, etc.)
- Overseas exhibition and curating counsel for Seoul Museum of Art
- 2019 David Hockney in Seoul, 2017-18 British Council Exhibition
Entertainment
- Advised and represented KLPGA, KPGA in litigation related to broadcast rights bidding.
- Represented clients in dispute over exclusive contract of entertainment companies.
- Represented clients in dispute on production, distribution and performance of albums
- Represented clients in request for correction of a broadcaster's news program.
- Represented clients in damages lawsuit between terrestrial broadcasting companies and agencies related to the exclusive airing of the World Cup and the Olympics.
- Advised clients on agreement on baseball game broadcasting rights between KBO and a cable broadcasting company M.
- Represented and advised clients on dispute over MMORPG games.
- Advised clients on FPS game licensing and publishing.
Unfair Competition Prevention Act
- Represented clients in a case of prohibition of D-Ram semiconductor technology engineer transfer.
- Represented clients in case of seeking prohibition of mutual use between corporate groups of large enterprises
- Represented clients in a case of seeking prohibition of infringement on trade secrets between companies.
- Represented clients in a case of prohibition of transfer in Daechi-dong private academies.
Government and Agency Services
- Prepared research report on the development of standard art contracts for the Ministry of Culture, Sports and Tourism (2018).
- Prepared research report on analysis and resolution of trade issues following copyright exports for the Copyright Committee (2019).
- Reviewed and revised Standard Contract for Content Production for the Asian Culture Center (2019).
- Prepared study on the Establishment of Standard Business Regulations and Standard Contracts for Copyright Agent Brokerage for the Ministry of Culture, Sports and Tourism (2020).
- Researched and developed Professional Sports Standard Contract for the Korean Professional Sports Association (2021).
教育背景
- 2021-2022University of California, Los Angeles (UCLA), School of Law (LL.M., Media, Entertainment and Technology Law and Policy)
- 2012-2015Seoul National University, School of Law (J.D.)
- 2006-2011Korea University, College of Law (LL.B.)
资格
- 2015Korea
所屬
- Korean Bar Association
语言
Korean, English
主要活动
- Presented “issues in copyright and neighboring rights in the digital contents market” in an invitation seminar for overseas copyright managers hosted by WIPO, Ministry of Culture, Sports and Tourism, and Korea Copyright Commission
- Contributory article on "Music Copyright in the Age of YouTube" for the Federation of Korean Music Performers (FKMP NEWS No. 61)
受賞
- 2023Minister of Culture, Sports and Tourism Commendation
新闻资讯
-
2024.02.20
-
2022.01.14