BTS’s agency HYBE sent a warning to the military letter app The Camp for using the faces and names of the BTS members serving in the military without permission. The agency plans to consider legal action, saying it is a “violation of publicity rights.” The right to publicity refers to the right to obtain economic benefits by using one’s face, name, etc.
Media outlets stated, “The faces and names of the BTS members are being used throughout the service without permission from the artist or BIGHIT MUSIC.”
The Camp is a service that allows family members and acquaintances to send letters to enlisted trainees online through the mobile app and the Internet. After soldiers leave the training center and are assigned their units, they can leave comments through the application. After the launch of the app, the operator signed a business agreement with the Republic of Korea military and established itself as an army communication service.
The problem began when the app started using BTS’s IP (intellectual property rights) without permission. HYBE discovered that many of BTS’s faces and names were used in the platform’s Recommended Star Soldier service, a service providing information about the artists’ military life and community service for the fans.
Additionally, they opened and operated individual communities for the BTS members with the word “official” added to them. The agency holds the management rights of BTS’s official fan community. HYBE believed this effectively violated the agency’s rights to operate the official fan community.
They also sold dolls and soldier name tags through their commerce channel, The Camp Mall and used the BTS members real names on the tag. The dolls were sold at a high price and the agency’s stance is that the artists’ name also constitutes IP.
In fact, it was BTS’s fans who first raised the controversy over The Camp’s unauthorized use of the members. Fans hinted as a boycott of the service previously.
After receiving reports from fans, HYBE sent an official letter to The Camp stating that this act was “violation of the Unfair Competition Prevention Act due to infringement of publicity rights” (unauthorized use of IP), “violation of the Electronic Commerce Act” (deception of fans and consumers through official text), and they warned that this constitutes a “violation of the Personal Information Protection Act” (disclosure of service information such as the artist’s salary, rank, and diet).
In response to HYBE’s protest, The Camp management took down BTS-related posts and stopped selling the doll and artist name tag package. However, it is known that the BTS community is still operating and reportedly protested that it was a community created voluntarily by fans, not by the operator.
HYBE is considering legal action against The Camp and argued, “Using the IP of an artist who has enlisted in the military for free is shaking the foundation of the entertainment industry, which has spent a lot of capital to discover and nurture artists. We can not give them immunity just because they are a startup.” At the same time, HYBE pointed out, “In fact, it is a trick to continue enjoying the promotional effects of BTS’s fandom, and it is an indication of the will to continue free riding.”
Meanwhile, The Camp did not make an official statement regarding the controversy over BTS’ publicity rights infringement, saying, “We have nothing to say.”
