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Game, Resort & Entertainment

“Kim & Chang is No. 1 in Korea in working to come up with solutions beyond interpreting regulations.”
– Asialaw Profiles 2018

Overview

Kim & Chang was the first Korean law firm to establish an entertainment practice and provide legal advice in the entertainment business in the mid-80s.  Since then, the practice has expanded to cover other aspects of the entertainment sector, and has grown into its current Game, Resort & Entertainment Practice to encompass all matters related to the game, resort and other media-related businesses.  Our Game, Resort & Entertainment Practice is led by dedicated attorneys, patent attorneys and other industry experts with extensive experience and expertise in the entertainment sector. 

Recognizing the need for broad and substantive understanding of the fast-changing nature of the relevant industries, our Game, Resort & Entertainment Practice is equipped with specialists with knowledge on the up-to-date key technologies and experience with the wide range of potential business issues that may arise in the related industries.  Furthermore, based on their diverse experience, our Practice’s professionals are able to provide advice that is not only on point but also practical, and are generally recognized as leaders in cross-border transactions, and have assisted numerous clients in major transactions. 

Key Servicesshow

Game

Our Practice has represented major game companies and actively advises on all significant issues within the game industry, including government regulations on the game industry, foreign-based companies’ entry into the Korean game market, mergers and acquisitions involving game companies, protection of personal information and addressing issues related to leakage of personal information.  We have in-depth experience in a wide range of matters specific to game companies, including tax, labor, patents and copyright issues, and civil and criminal disputes involving game companies.  Based on such capability and rich experience in the game industry, our Practice has committed itself to offering comprehensive legal services to our clients to assist them achieve continuous growth.  In addition, for support and guidance on the most complex issues, our Practice consists of regulatory experts with established careers from governmental authorities or agencies, providing our clients with practical solutions including analysis on government regulation trends, which is often necessary in this heavily regulated business.

 
Resorts

With foreign interest in the Korean culture and the Korean society’s aspiration for better quality of life, Korea has experienced rapid growth in the resort and hotel business.  Our attorneys have extensive experience dealing with a variety of legal issues associated with the development of resorts and hotels, including project financing, government permits and licenses, and joint ventures or other M&A transactions in connection with development projects.  In our Game, Resort & Entertainment Practice, we have experts who have accumulated expertise and experience in various legal areas, including foreign investment, M&A, finance, real estate, labor and employment, tax, environment, and disputes.  Our industry-leading experts have continuously provided practical and satisfactory solutions for clients, resolving Korea-specific issues that arise from the complexity of relevant laws and regulations related to the Korean leisure industry and dealing with various stakeholders in this business, by assisting with communication and managing expectations.

 
Entertainment

Our Practice is composed of attorneys with comprehensive expertise in the music and motion picture business.  While recognizing the importance, we do not limit our advice to conventional areas such as theatre, video, sound records and broadcasting.  We also appreciate the vibrant nature of this business and seek to expand into new service areas, such as internet and new media and technology.  Our Practice has provided our clients with a broad range of consulting and litigation services on copyright and various regulatory laws and contractual relations.  We have represented a broad spectrum of clients in the entertainment business, including motion picture production companies, television broadcasting companies, entertainment companies, recording companies, international media/cable network providers, radio stations and music broadcasting companies, over the top (OTT) and sound source streaming companies and venture capital companies.

 
Sports

The Korean sports industry has experienced a dramatic growth over the past several decades and this trend is expected to continue in the future, fueled in large part by the emergence of an increasingly affluent populace and success in several international sports events.  The recent development of broadcasting and communications technologies and overseas expansion of Korean star players, coaches and managers have spurred globalization of this industry.  Along with the rapid change and growth of this industry, the relevant legal issues have become more complex, requiring comprehensive knowledge of the system as well as other international issues.  In particular, the sports agent test system was recently adopted for professional baseball and the majority of newly qualified agents are attorneys, thus it is anticipated that this area will also require significant legal knowledge and expertise.  Our Practice provides one-stop service for all interested parties, including both athletes and sports teams, based on experience accumulated in various areas.  Some of the areas that are anticipated to be most relevant in the sports industry are contract review and consultation, contractual disputes, fair trade, labor and employment, litigation, arbitration, intellectual property, tax and government relations.  Attorneys in our Practice are also active in international arbitration or dispute matters, advocating for sports teams and managers before international sports bodies or dispute resolution forums.

Key Experiencesshow

Kim & Chang’s professionals in the Game, Resort & Entertainment Practice have a broad-ranging experience in representing motion picture production companies, television broadcasting companies, entertainment companies, recording companies, media/cable network providers, radio stations and music broadcasting companies, software and game companies, developers, owners and operators of all types of resorts and hotels as well as government agencies, government-owned corporations and financial institutions in connection with building, financing, buying, selling and managing leisure properties.  We fully appreciate the need to understand the complexity of relevant laws and regulations in these industries and aspire to keep pace with the recent developments to provide timely and effective practical legal solutions to each client’s specific needs.

 
Game
  • Represented Korean and foreign game companies in numerous inbound and outbound M&A transactions and provided acquisition financing advice.
  • Represented Korean game companies in connection with personal information leakage cases due to hacking.
  • Represented a Korean game company in connection with a case involving violation of the Game Promotion Industry Act due to game money trading issues.
  • Represented the Korea Association of Game Industry in the filing of a constitutional complaint against the shut-down system.
  • Provided advice in connection with regulations on game items.
  • Represented a Korean game company in the case involving leakage of trade secrets.
  • Represented a foreign game company in its copyright dispute with a broadcasting company.
  • Represented Korean game companies in numerous disputes over renewal of publishing agreements.
  • Represented Korean game companies in connection with the Korea Fair Trade Commission’s investigations.
  • Advised major foreign game companies in connection with establishment of Korean subsidiaries or branches.
  • Advised numerous foreign game companies on tax issues, including review of royalty payments to affiliates based on arm’s length price.
  • Advised numerous foreign and Korean game companies in connection with review of major contracts and other standard terms and conditions.
 
Resort
  • Advised numerous resorts and hotels on obtaining government permits and licenses, and other issues related to development of integrated resorts in Korean Free Economic Zones.
  • dvised foreign franchise resorts on development projects in Korea.
  • Advised on all aspects related to development of theme parks.
  • Advised resorts and hotels on all legal aspects related to operation of resorts and hotels.
 
Entertainment
  • Advised on establishment of motion picture companies.
  • Advised numerous motion pictures production companies in connection with investment, import, export, distribution and copyright issues.
  • Advised over the top (OTT) business operators on general operational issues.
  • Advised on chain-of-title issues in connection with motion picture productions originally based on publications or comics.
  • Advised on legal issues related to motion picture remakes.
  • Advised on motion picture and music copyright disputes and settlements, and other related issues.
  • Advised on legal issues related to public performance and reviewed relevant contracts.
  • Advised on legal issues related to on-line distribution of sound recordings.
  • Advised on the offering of internet music services.
  • Advised on royalties, copyrights, license right issues in relation to song distribution.
  • Advised on artist management issues and reviewed exclusivity agreements with artists.
  • Advised on the music copyright collective management system. 
  • Reviewed numerous license agreements and advised on legal rights under such agreements.
  • Advised on legal issues in connection with regulations on off-line and on-line piracy.
  • Advised generally on fair trade and customs issues for clients in the music and motion picture industry. 
 
Sports
  • Represented Korean football players and coaches in contract negotiations and relevant disputes in connection with their overseas transfers.
  • Represented the Korea Football Association on obtaining government permits and licenses.
  • Represented a professional volleyball team in a dispute regarding the overseas transfer of a member of the national volleyball team, and further represented the volleyball team in the Federation International de Volleyball (FIVB) arbitration process.
  • Represented the Korea Basketball League in connection with bankruptcy issues of a professional basketball team.
  • Represented the Korea Professional Golfers Association in connection with a criminal investigation.
  • Represented the Korea Baseball Organization in connection with a wrongful dismissal claim filed by an employee.
  • Represented the Korean Sport & Olympic Committee in connection with the International Olympic Committee’s disciplinary hearing of a member of the Korean national football team.
  • Represented the National Basketball Association in connection with the interpretation of Korean law on player drafting rights.

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