games  anime  |  toys
Destructoid is gaming news, community, videos, and sometimes love. Take the tour or jump in with Facebook:

 


Square Enix sues FFVII Advent Children cosplayers for $325k photo

You think you're making a cool cosplay music video, and then Square Enix slaps you with a lawsuit, and you're forced to pay $325,000 for paying tribute (*cough*) to one of their properties.

That's exactly what happened to Korean producer “Phantom Productions.” It seems that they used unauthorized bits and pieces of the Final Fantasy VII Advent Children film in their video. That was f-up number one. The other, of course, was that they used the video for commercial purposes. Korean courts sided with Square Enix, and the makers were ordered to pay 400,000,000 won ($325,000) settlement for copyright violation, says Sankaku Complex.

Those with a Nico Nico Douga account (Japanese) can watch the video here. The rest can check it out at Sankaku. If you can read Japanese, the viewers are laughing heartily, especially at the mid-video dance sequence. 

If I was Square Enix and saw this piece of sh*t, I'd sue too.

[Update: English-language press release was just sent out on this suit over “Sonata of Temptation” by popular Korean pop singer IVY. Check out the full release after the jump.]

Tokyo, Japan (August 5, 2009) Square Enix Co., Ltd.’s (Square Enix) copyright infringement lawsuit against Korean entertainment production company Fantom Entertainment Group (Fantom) and music video producer Hong Jeong-ho resulted in a damage award of 300 Million Korean Won (approx. US$244,000) to Square Enix at the conclusion of the trial in March 2008. Following an appeal lodged by the defendants, on July 3, 2009, the Seoul High Court ruled that Fantom and Hong Jeong-ho should pay 400 Million Korean Won (approx. US$326,000) to Square Enix.

In light of this development, Mr. Yasuhiko Hasegawa, Square Enix's General Counsel: “We have been consistent in our claims during this lawsuit regarding the value of FINAL FANTASY® VII ADVENT CHILDRENTM and our FINAL FANTASY series, as well as the damages the company has suffered as a result of the modification and adaptation made without obtaining permission. The initial amount awarded in this case, 300 Million Korean Won, was the largest the courts in South Korea have ever awarded in cases infringing one single work of art, and having this figure increased to 400 Million Korean Won following an appeal by the defendants is further affirmation of the severity of this copyright infringement as well as the recognition and value the FINAL FANTASY series has attained in South Korea. Square Enix will continue to take decisive action against any infringements upon our intellectual property, recognizing that this property is one of our most crucial resources.”

(Summary of Events)
In March 2007, Fantom began the for-profit online distribution of a music video for the song “Sonata of Temptation” by popular Korean pop singer IVY containing an unauthorized live-action scene-for-scene adaptation of a scene from FINAL FANTASY VII ADVENT CHILDREN. In response to an injunction filed by Square Enix, the Seoul Central District Court ordered Fantom to cease distribution and sales of the video as of April 6, 2007, and subsequently, on March 13, 2008, ordered Fantom to pay damages of 300 Million Korean Won. Fantom and Mr. Hong Jeong-ho appealed this decision and the case was elevated to the Seoul High Court, which on July 3, 2009, issued the decision ordering Fantom and Hong Jeong-ho to pay damages of 400 Million Korean Won.

About FINAL FANTASY VII ADVENT CHILDREN
Released in September 2005, FINAL FANTASY VII ADVENT CHILDREN is a CG animated film which was published as a sequel to FINAL FANTASY VII, a PlayStation® game shipped in January 1997. The film has been released in both dubbed and subtitled versions in 70 countries, and has shipped over 4.1 million DVD/UMD discs worldwide without theatrical screening or TV animation. In April 2009, it was released on Blu-ray Disc™. The film has received great praise, as evidenced by special invitations to the 61st and 62nd Venice International Film Festivals in 2004 and 2005, as well as being honored with the “Prix Zone05” at Zone05 in France, the “Honorary Maria Award” at the Festival Internacional de Cinema de Catalunya in Spain, and the “Best Visual Designer Award” at the 11th AMD Award in Japan. It was released in Korea in June 2006 from Sony Pictures Home Entertainment.


Continue: More Square Enix stories





prev next

39 comments | showing # 1 to 39

Magnalon's Avatar - Comment posted on 08/05/2009 13:47
Magnalon
So how come Enix joins up and now Square is on a suing/dickhead spree?

Methinks it's time for a divorce, and I'm dead serious. Square needs to get away from all the bad publicity that they've been getting.

Square's new proposed business plan:
Stop rehashing the same games on multiple consoles
Listen to your fans
Support your fans, don't sue them
Split from Enix
Announce the FFVII remake; whilst people are lost in the confusion, use this opportunity to reintroduce yourself to the public
Remake Secret of Mana for the PS3
Start making good RPGs again

You're welcome.
Crunshii's Avatar - Comment posted on 08/05/2009 13:47
Crunshii
ouch. I think I saw this video a while back, not sure if its the same one. But yea, S-E is right on the ball on this one if they made money from their IP.
Jetsetlemming's Avatar - Comment posted on 08/05/2009 13:49
Jetsetlemming
Calling them "Advent Children cosplayers" is pretty disingenuous to the actual situation and making it seem like Square's just suing some random fags at an anime con. They used clips of the movie, and made money off it. Pretty cut and dry.
Magnalon's Avatar - Comment posted on 08/05/2009 13:54
Magnalon
On second thought, this is pretty cut and dry: the title threw me off a bit. If I was in charge of their PR/legal department, I still don't know if I would sue though, considering how hated they are at this point.

Anyways, the Chrono Trigger C&D thing still shat on their image. They've basically been treated like garbage since their merger.
Noah's Avatar - Comment posted on 08/05/2009 13:54
Noah
I think this needs to happen more in Korea. I'm usually not the guy to side with lawsuits, cause in general they're greedy, but I lived in Korea from November of last year to June of this year and I saw so much copyright infringement. They use foreign songs for commercials all the time, or for background music for events....I remember hearing Anberlin being played on a Tekken 6 TV event, and Sonata Arctica being played for a comedy promotion event. They chose sections of their songs with no lyrics, just instrumentals, as if that'd be harder todetect or something.

I also saw a Korean hardcore band playing a live set aired on tv and they played a Killswitch Engage song and a Comeback Kid song, and gave no credit as to actually wrote the songs.

If America was going to rip something off they'd usually at least buy the rights to it first.
RAB's Avatar - Comment posted on 08/05/2009 13:55
RAB
I thought the song was pretty catchy.
kevinski's Avatar - Comment posted on 08/05/2009 14:03
kevinski
@RAB - Same here. XD
ArcticFox's Avatar - Comment posted on 08/05/2009 14:06
ArcticFox
@ Magnalon

This is a blatant copyright violation dude, and a legit case at that. I understand people arent fond of them (at least theyre not activison), but this is a legit case, as they used it for commercial purposes, trying to make cash from square enix's work. They also have a legit case against the fan made Chrono Trigger game. Even if I dont personally agree with the suit, they have the case, as it should technically be a violation of the End User License Agreement. Im interested to see how that case turns out.
casesomething's Avatar - Comment posted on 08/05/2009 14:15
casesomething
I read the title thinking that it was squenix being assholes. Now that i read what the people did, this is deserved.
Magnalon's Avatar - Comment posted on 08/05/2009 14:15
Magnalon
@ ArcticFox

Don't get me wrong! I was ranting and raving about how right they were even about the Chrono Trigger case.

I just think they're shooting themselves in the foot at this point: pretty soon, their public image won't be able to sink any lower.
Laird's Avatar - Comment posted on 08/05/2009 14:15
Laird
Yeah, Square Enix sends cease and desist orders if you make something based off their work for no profit. If you make something based on their work for a profit, then I hope you like Cloud's sword up your ass.
Solid Squirrel's Avatar - Comment posted on 08/05/2009 14:18
Solid Squirrel
I'm with ArcticFox--they used someone else's film without permission to make a buck of their own. They get what they deserve. Unless they made say $100 in sales off of it.
Brian Keljore's Avatar - Comment posted on 08/05/2009 14:25
Brian Keljore
That will teach people to like FFVII!
ChainThrow's Avatar - Comment posted on 08/05/2009 14:27
ChainThrow
The excuse the director gives about failing to seek permission is hilarious: "we phoned a couple of times, no one answered". No sympathy, they knew precisely what they were doing and deservedly got burned for it.
ArcticFox's Avatar - Comment posted on 08/05/2009 14:33
ArcticFox
@ Magnalon

haha, sorry, I read your comment wrong. Like I said, theyre in their right to sue, but it doesnt mean they should sue the fan project. This shit however? Yeah, Im fine with this.
Wolfrider's Avatar - Comment posted on 08/05/2009 14:38
Wolfrider
This is a pretty cut and dry copyright violation - but it's still an homage. They might be using SE's IP but how in any way does this threaten their business or the property?

If anything it serves to promote it. It's not like Square's in the business of making cosplay music videos - and this comes very close to bumping up against the "fair use"/"parody" exemptions that are present in US copyright law. It's not quite there (and I have no idea if the same exemptions apply here) but it's still a case of SE just being douchebags.
hermes's Avatar - Comment posted on 08/05/2009 14:42
hermes
Parts of this article (and the title) are pretty misleading...
This is not some cosplay video, its a video clip. They used the movie, reproduce it and made money out of it, without even asking...
Ganjookie's Avatar - Comment posted on 08/05/2009 14:54
Ganjookie
-1pt journalistic integrity for misleading title
Rekkie's Avatar - Comment posted on 08/05/2009 15:09
Rekkie
Ugh. What a horrible video. These people should be sued for terrible performance as well.
atastysammich's Avatar - Comment posted on 08/05/2009 15:10
atastysammich
Well, since they're handing out lawsuits like candy, I say we get them to nail that sonofabitch Shota Shimizu for doing such a weaksauce pop rendition of "Wind Scene" from Chrono Trigger. I'm sure he got their permission and all, but don't just use the first four measures!
manasteel88's Avatar - Comment posted on 08/05/2009 15:12
manasteel88
this was pretty much common sense. You can't use any footage from anything in a commercial application. If you don't create the footage, you can't use it without expressed written consent from the footage owners.

easy case. 325,000 might be a bit much since I know they couldn't have made that much money off of the sale of the video, but I'm not a judge.
sire masta's Avatar - Comment posted on 08/05/2009 15:19
sire masta
A bit off topic but about the C&D thing do u reckon if they had good lawyers they'd be able fend it off? After all they weren't gonna make any money off of it
Super Drybones's Avatar - Comment posted on 08/05/2009 15:34
Super Drybones
They aren't cosplayers, they stole the movie basically. You can't use another persons work to extend you own, its copyright plain and simple. The title of the article is false information and seems to try and trick the reader into feeling sympathy for the music video makers, when in reality Square has every right to sue.
Cowboy TTop's Avatar - Comment posted on 08/05/2009 15:34
Cowboy TTop
Square Enix, you've become the all singing dicks of the games industry. The law might be on your side, but do you really think they were really doing any harm? I doubt that.

Fans doing what they do, is hardly breaking Square coffers.

As everyday passes, I beginning to hate you more, Square.
Magnalon's Avatar - Comment posted on 08/05/2009 15:38
Magnalon
@sire
No. Case and point, they used exact pixel by pixel replicas of characters that are plain and simple: Square property.

Like I keep saying though, Nintendo loves these fan creations, and even went so far one time as to say "it's free promotion, and we love our fans".

THAT was my point above. Here we have Nintendo, who gets more commercial usage out of their IPs than anyone else in the business, and they're building their reputation off of it instead of making a quick buck off people who love their work.
sire masta's Avatar - Comment posted on 08/05/2009 15:51
sire masta
@magnalon if thats true i'm rippin off specsavers here but o oh well

SHOULDA WENT TO NINTENDO!
DinnertimeNinja's Avatar - Comment posted on 08/05/2009 16:00
DinnertimeNinja
Makes sense in this instance (though the fine seems sky high), but I'm also in the boat that fan-made projects that aren't for money should be fair game as they do nothing more than enhance the brand and spread awareness.

For instance, it annoys me that so many awesome LBP levels are taken down for tributing other games/shows.

At least this isn't like Disney suing a children's daycare for painting some Disney characters on their indoor walls. It's early brand-recognition, people!
CrispyLovesYou's Avatar - Comment posted on 08/05/2009 16:10
CrispyLovesYou
Legally, I agree that S-E is in the right.

However, it's not as if the music video producers were trying to discretely steal S-E's property. They credited S-E in the video and stated that it was from a scene in Final Fantasy VII: Advent Children. Obviously, this has no legal standing if S-E never gave that permission, but still.

Even though S-E are totally open to pursue the lawsuit, it's not as if the music video harmed their own profits in any way. If anything, it promoted Advent Children, because the song was very popular in Korea when it first came out. (the "hand" part of the dance became very famous, and was imitated on Korean variety shows for a long time)
michiyoyoshiku's Avatar - Comment posted on 08/05/2009 16:42
michiyoyoshiku
If it was a forprofit music video then yeah but if Square starts suing regular cosplayers I'd burn their HQ down.
GoldenGamerXero's Avatar - Comment posted on 08/05/2009 16:50
GoldenGamerXero
Although I don't get why exactly they're suing (It didn't seem like a big deal to me) I agree that if you make something then someone decides to copy your work exactly then you can do whatever the hell you like with them.
-PL-'s Avatar - Comment posted on 08/05/2009 16:52
-PL-
Legally, Squenix is right. But that doesn't make it cool.

I'm convinced that they're only concerned about the money now. Sure, every business is concerned about the money, but I think a lot of game developers still have the passion for creating. I don't think Squenix has that passion anymore. Even their character designs seem carved from a standard JRPG template, despite how crazy and wacky they might look. Watching the Final Fantasy XIV interview, it just looked like a couple of annoyed businessmen takin' care of business. You can tell when a developer, or a producer, or a community manager cares about the game they are talking about. Their eyes light up, and they are genuinely excited to tell everybody about the cool, unique features of their new game. The Pixeljunk shooter video comes to mind. Squenix just doesn't seem to have that anymore.

tl;dr - Square has lost it.
Shin Oni's Avatar - Comment posted on 08/05/2009 17:00
Shin Oni
I fucking love Sankaku Complex. though I guess squenix has the right.

now get to makin that Chrono Cross sequel.
Doomsday Forte's Avatar - Comment posted on 08/05/2009 18:11
Doomsday Forte
@michi: If they start suing cosplayers themselves, then that's going to take a huge chunk out of the cosplay audience and who knows if other companies are gonna follow suit. That's worst-case scenario and all, but...>_>;

Hopefully they just stick to profitable situations. Oh wait.
Obsidian Eye's Avatar - Comment posted on 08/05/2009 19:29
Obsidian Eye
Though the quotes are somewhat cut off...
"... is Korea."
"...heavy ripping-off lol!"
"Don't underestimating FF fans!"
Bigmoose85's Avatar - Comment posted on 08/05/2009 19:53
Bigmoose85
anybody who sides with SE on anything is a RETARD!
runtheplacered's Avatar - Comment posted on 08/05/2009 21:58
runtheplacered
"anybody who sides with SE on anything is a RETARD!"

Uh...huh...
lwelyk's Avatar - Comment posted on 08/06/2009 14:07
lwelyk
"you're forced to pay $325,000 for paying tribute (*cough*) to one of their properties."

TRIBUTE? YOU STEAL MEN'S SOULS AND MAKE THEM YOUR SLAVES.
huluvu's Avatar - Comment posted on 08/07/2009 03:33
huluvu
fuck you ff fans!
pay our games and stfu.
we dont need free advertising for our products nor do we want that!
so dont dare to even talk about 4 years old projects of ours.
DR EGG's Avatar - Comment posted on 08/08/2009 15:46
DR EGG
I can't believe the producers didn't get permission before they blatantly used characters and film clips belonging to someone else. When I first saw this video a while back, I thought it was great - but to learn that it's not an official tie-in just puts a bad taste in my mouth.
prev next

Comment with Facebook





Click connect and comment instantly!

Comment with Dtoid





New? SIGN UP - it takes 5 seconds

Comments policy

Destructoid is an open discussion community. You don't need to "audition" to post a comment - just speak your mind. We respect differing opinions on the site, so have at it. Be smart, funny, insightful, clueless, or cute -- but back it up with substance. Keep your cool, keep it fun. We only ask that you act respectfully and above all: don't be a troll and ruin it for everyone else. Don't bring down gamers or we'll, you know, gently shoot you in the face and stuff you into a flaming mailbox. Each comment is your opportuntity to make this community awesomer. Is that even a word?

Avoiding the banhammer only requires common sense: spamming, trolling, racism, NSFW stuff, and other forms of sucking will not be tolerated. If anyone is griefing please report abuse. Be good. Don't suck!

 
New on Destructoid.TV play all videos

Loading
Loading Destructoid Videos


    Win this!
    Dive in! meetup+play for a chance to win a PC

    Dtoid Twitter    Got news?   tips@destructoid.com

    Reviews & Previews
    Resident Evil: The Darkside Chronicles review
    Left 4 Dead 2 review
    Call of Duty: Modern Warfare Reflex review
    Arkedo Series - 02 SWAP! review
    EyePet review
    more reviews
    Legend of Zelda Spirit Tracks
    Monster Hunter Tri
    Hooking onto, under and above Just Cause 2
    PS3's 256-player MAG
    Rooms The Main Building
    more previews


    - The Dtoid Army is 50693 strong -

    Showing Cblogs with 3+ faps   show all

    Call for entries: do the wrong thing

    New to Dtoid? Read the survival guide




     Originals
    Jim Sterling: Think L4D2 is an expansion? You're a f*cking idiot





















    More Destructoid Originals




     Popular now more






















    Team Destructoid   tips@destructoid.com
    Nick Chester
    Editor-in-Chief
    Niero
    Founder, publisher
    Jim Sterling
    Reviews Editor
    Hamza Aziz
    Community Manager
    Dale North
    News Editor
    Rey Gutierrez
    Video editor & director
    Anthony Burch
    Features Editor
    Colette Bennett
    Tom Fronczak Brad Nicholson
    Ashley Davis Ben Perlee
    Conrad
    Zimmerman
    Chad Concelmo
    Jonathan Holmes Jonathan Ross
    Brad Rice Jordan Devore
    Will Maddock Matthew Razak
    Dyson Joseph Leray
    Topher Cantler Samit Sarkar
         
      Dexter
    Adam Dork
    Daniel Lingen
    Hollie Bennett
    Joe Burling
    Mikey
    Stella Wong

    Josh Tolentino




     

     
      get involved

    register or login
    post a blog
    post a forum
    enter a contest
    contribute a news tip
    suggest a feature
    be a guest editor
    support

    new member's guide
    login assistance
    tech support
    report abuse
    email our editors
    read our dev blog
    nuclear crisis?
    keep in touch

    RSS feed
    Twitter
    Facebook
    Myspace
    Flickr
    Game nights
    Meetup+play online
    seriously

    about Destructoid
    advertising
    terms of use
    privacy policy
    jobs at MM
    buy our crap
    our network

    Tomopop
    Japanator
    Despingation?




    Destructoid is an independently-run publication forged by our love of video games and the gaming community's need of accountable enthusiast press
    living the dream since March 16, 2006