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Posted by Sophie-Ha Tuesday, July 18, 2023

The Givers refutes the FIFTY FIFTY copyright controversy and states the "Cupid" copyright was acquired legally

AKP STAFF

The Givers recently provided a detailed explanation to address the ongoing copyright controversy surrounding the song "Cupid" by the girl group FIFTY FIFTY.

On July 18, The Givers emphatically stated, "We want to make it clear that we acquired the copyright for 'Cupid' through a legitimate process via our music publisher. We aim to eliminate any confusion and convey the objective facts surrounding the copyright acquisition."

First and foremost, The Givers addressed the suspicion that they purchased the copyright of "Cupid" without consulting FIFTY FIFTY's agency, ATTRAKT. They clarified, "The Givers initially acquired the copyright of 'Cupid' for a third-party artist, completely independent of ATTRAKT or FIFTY FIFTY."

Furthermore, they explained, "The transfer of the original song 'Cupid' (commonly referred to as the demo song) was carried out with a third singer in mind, who had no connection whatsoever to FIFTY FIFTY or ATTRAKT. Therefore, the claim that The Givers illegally obtained the copyright without ATTRAKT's knowledge cannot be substantiated."

In addition, The Givers refuted allegations suggesting that they are exclusively profiting from "Cupid." The company emphasized, "The revenue generated from 'Cupid' is distributed in a manner where approximately 50% goes to ATTRAKT, the album production company. Any claim asserting that The Givers solely retains all the revenue is false."

The Givers further clarified the copyright ownership of the finalized song, stating, "The Givers is clearly registered as the copyright holder for the completed song 'Cupid.' We acquired the rights to the original 'Cupid' song from overseas composers and their publishers, who entrusted us with full rights for registration and utilization. Therefore, we have already obtained all the necessary rights from them to proceed with the registration process."

Below is the full statement released by The Givers in regard to FIFTY FIFTY's "Cupid" copyright issues:


We would like to provide a comprehensive explanation regarding the copyright acquisition process for the song "Cupid" to address any remaining controversy and present the factual relationship clearly. The Givers unequivocally asserts that it obtained the copyright for "Cupid" through a legitimate process via its music publisher.

1. Did The Givers purchase the copyright without consulting ATTRAKT?

The Givers initially acquired the copyright for "Cupid" on behalf of a third-party artist, irrespective of ATTRAKT or FIFTY FIFTY. It is important to note that prior consultation with ATTRAKT was unnecessary due to this initial arrangement.

- In April 2022, The Givers began communicating with the publisher of the original "Cupid" song to acquire songs for artists unrelated to FIFTY FIFTY. Meaningful discussions regarding the use and approval of the song took place in May.

- The transfer of the original "Cupid" song, commonly known as the "demo song," was carried out with a third singer in mind who had no association with FIFTY FIFTY or ATTRAKT. Hence, the claim that The Givers illegally acquired the copyright without ATTRAKT's knowledge is ungrounded. We possess ample communication records with the publisher of the original "Cupid" song and the third singer, which will be presented through an investigative agency or court.

- It is crucial to differentiate between the "original song (demo song)" of "Cupid" and the "complete song" registered with the Korea Copyright Association. The registered work consists of an additional arrangement and lyrics by Ahn Sung Il, added to the original composition by foreign composers and Korean lyricists. Therefore, it is important to acknowledge that The Givers had already transferred the copyright to the original "Cupid" song, unrelated to FIFTY FIFTY or ATTRAKT, prior to the decision to offer the song to FIFTY FIFTY. The intention was to provide them with superior music.

2. Does the Korea Music Copyright Association show a majority stake held by CEO Ahn Sung Il (SIAHN) and no stake for the original songwriters?

The Korea Music Copyright Association is responsible for the registration and management of copyright holders. The Givers had already acquired the copyright for the original "Cupid" song from the overseas original song composers before registration. Consequently, the registration process with the Korea Music Copyright Association was conducted in consultation with them, explaining the absence of the overseas composers' names on the association's website.

- The share details displayed on the association's website represent the shares held by the actual writers in the completed song at the time of registration. Naturally, the names of the overseas original song composers, who transferred the copyright to The Givers before registration, are not included. The credit information of the original songwriters appears on official music platforms and sites where the sound source is announced, as the "right to name" must be maintained even after copyright transfer.

- The Givers acquired the copyright for the original "Cupid" song from overseas composers, and the shares were distributed based on the actual contribution of each individual, including lyrics, composition, and arrangement by CEO Ahn Sung Il (SIAHN), as well as Korean lyrics by AHIN and KEENA. Thus, the suspicion raised is entirely unfounded.

3. Does The Givers retain all profits from the "Cupid" sound source?

Regarding revenue generated from the sound source, approximately 50% is secured by ATTRAKT, the album production company, while the copyright holder receives around 10-11%.

- As illustrated in the table below, the revenue distribution structure for music sources involves approximately 50% for music producers, 30-35% for service providers, 10-11% for copyright holders, and 6% for performers.  ATTRAKT retains about 50% of the revenue from the "Cupid" sound source, therefore, the claim that The Givers obtains all the revenue, is false.

4. Did The Givers falsify the signature of the Swedish composers and alter the stake distribution?

1) Since all copyrights of foreign authors of the original song were transferred to The Givers, the necessary rights and associated procedures for the original "Cupid" song were duly approved or delegated to The Givers. The actions taken by The Givers' representatives within the association, involving documentation and formal procedures, were all in accordance with the law and based on contractual agreements.

2) If the share distribution among composers deviates from the standard 1/n ratio and is agreed upon separately, it is registered through a "Confirmation of Change in Authorship Share." However, the actual copyright shares remain unaltered.

- According to the copyright transfer agreement between a foreign composer and a publisher, "the assignee (The Givers) has discretionary authority over the method, form, and other characteristics of song credit." This granted The Givers the legal capability to create sound sources that align with additional creative activities, such as additional composition, arrangement, and lyric writing, in addition to the original "Cupid" song.

- Transferring the copyright of the original song before externally releasing the sound source is not an uncommon practice. While the copyright registration process caused some confusion among the staff at The Givers and individuals associated with the Music Copyright Association, it is important to recognize the context and objective data of the case.

- Moreover, the copyright for the completed "Cupid" song did not change from "1/n (including overseas original song composers)" to a "distribution ratio negotiated between the composers." The "distribution ratio negotiated between composers" was reflected in the registration with the Korea Music Copyright Association because the registered creations in Korea pertained to the completed songs, not the original "Cupid" songs (demo songs). The overseas original song composers were never registered with the Korea Music Copyright Association.

- Therefore, it is incorrect to claim that The Givers and Ahn Sung Il took shares from the overseas composers, as reported by certain media outlets. The documentation created during the registration process merely pertains to the completed "Cupid" song.

- Some media reports irresponsibly suggested that The Givers or CEO Ahn Sung Il forged the signatures of foreign composers. It is undeniable that The Givers, among others, is the copyright registrant for the completed "Cupid" song, and the entity that transferred the copyright of the original "Cupid" song is also The Givers. Concrete evidence regarding this matter will be revealed through investigations conducted by relevant agencies or within the court system in due course.

- Therefore, reporting that The Givers forged the signatures of overseas original composers recklessly and without any rights, as well as disseminating false information that disregards the contextual facts about The Givers, CEO Ahn Sung Il, and others involved in the case, demonstrates a disregard for the overall context and objective data.
  1. FIFTY FIFTY
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Instigator-blink
Instigator-blink328 pts Tuesday, July 18, 2023 3
Tuesday, July 18, 2023

If that's correct, how come Twice, BTS and other groups still credited foreign composers despite their in-house composers added some kpop touch into the songs??? So weird...

Even in dance, Kiel Tutin, Choreographer, they will send the 'basic' structure of the dance choreo but final product is different... Bunch of dance practice are in YT and you can tell lots of routine was changed from og to idols broadcast. But that doesnt change the fact it is Kiel's dance.

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hiroonakamura
hiroonakamura7,525 pts Tuesday, July 18, 2023 8
Tuesday, July 18, 2023

bro, we all saw the original signature's and the signature's on the copyright transfer document.... They didn't match!

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