austraLasia #3179
SEOUL: 9 January 2012 -- A 4th January injunction by the Seoul Southern District Court has prevented national South Korean Broadcaster KBS from airing footage of a recent tour of South Korea by the South Sudanese Don Bosco Brass Band formed by the deceased Fr John Lee SDB, upholding the defendant's claim (Don Bosco Secondary School, Tonj) that KBS had arbitrarily altered a written agreement in favour of the Corporation that KBS and another party have created to raise funds for Tonj. The Salesian Principal at Tonj school has succeeded Fr John Lee as conductor and assistant for the Band.
'Don't cry Tonj', a film made by KBS promoting the work of Fr John Lee, focused on the brass band he created and his social and medical welfare work amongst the poor in and around Tonj, South Sudan. It was a heart-rending film and deeply touched the Korean public, though it left out real reference to John Lee's priestly and religious life and the fact that he was part of a Salesian community which continues its mission in this country and in Tonj in particular. The film, and three subsequent KBS prodctions on the theme have raised an estimated 3 billion Korean Won (ca. 2.8 million USD).
It was KBS, the Korean Exchange Bank and the 'Lee Tae Seok Love Sharing Corporation', that invited the Don Bosco Brass Band to Korea last year. The invitation was made without due consultation with the Salesians in Korea, and a written agreement was modified later to suggest that KBS and the Corporation had certain rights to the video footage that would be produced. The tour also took place in the context of the Korea-Africa Economic Cooperation meeting that was taking place in Seoul at the time.
When the Band arrived in Korea they were asked to wear a different uniform with a Smile Tonj logo, a logo which was really an alias for the Corporation. The tour was filmed, and the Principal of Tonj school who was accompanying the group, realised that all of this was going to be used to promote fundraising that would not have any connection with the Salesian efforts in Tonj. He therefore asked Korean Salesians for support in preventing the airing of this footage in particular. This was the decision that was upheld by the Seoul Southern District Court Court. The decision only regards the violation of the Tonj school's rights. It does not deal with the question of publicity rights generally regarding the whole question of fundraising in association with Fr John Lee's name. All in all the Court's decision ran to 12 pages plus two pages of attachments (the original and the altered agreement). The upshot of the decision is that his particular footage cannot be broadcast publicly in South Korea through any medium.
An email to Salesian Family members in KOR Province thanks members for supporting this long process of litigation with their prayer and pointing out that despite the difficulties a beautiful relationship has flourished between Salesian Family KOR and the the Family in the Sudan Delegation
Injunction prevents KBS from airing Tonj Don Bosco Brass Band Tour
SEOUL: 9 January 2012 -- A 4th January injunction by the Seoul Southern District Court has prevented national South Korean Broadcaster KBS from airing footage of a recent tour of South Korea by the South Sudanese Don Bosco Brass Band formed by the deceased Fr John Lee SDB, upholding the defendant's claim (Don Bosco Secondary School, Tonj) that KBS had arbitrarily altered a written agreement in favour of the Corporation that KBS and another party have created to raise funds for Tonj. The Salesian Principal at Tonj school has succeeded Fr John Lee as conductor and assistant for the Band.
'Don't cry Tonj', a film made by KBS promoting the work of Fr John Lee, focused on the brass band he created and his social and medical welfare work amongst the poor in and around Tonj, South Sudan. It was a heart-rending film and deeply touched the Korean public, though it left out real reference to John Lee's priestly and religious life and the fact that he was part of a Salesian community which continues its mission in this country and in Tonj in particular. The film, and three subsequent KBS prodctions on the theme have raised an estimated 3 billion Korean Won (ca. 2.8 million USD).
It was KBS, the Korean Exchange Bank and the 'Lee Tae Seok Love Sharing Corporation', that invited the Don Bosco Brass Band to Korea last year. The invitation was made without due consultation with the Salesians in Korea, and a written agreement was modified later to suggest that KBS and the Corporation had certain rights to the video footage that would be produced. The tour also took place in the context of the Korea-Africa Economic Cooperation meeting that was taking place in Seoul at the time.
When the Band arrived in Korea they were asked to wear a different uniform with a Smile Tonj logo, a logo which was really an alias for the Corporation. The tour was filmed, and the Principal of Tonj school who was accompanying the group, realised that all of this was going to be used to promote fundraising that would not have any connection with the Salesian efforts in Tonj. He therefore asked Korean Salesians for support in preventing the airing of this footage in particular. This was the decision that was upheld by the Seoul Southern District Court Court. The decision only regards the violation of the Tonj school's rights. It does not deal with the question of publicity rights generally regarding the whole question of fundraising in association with Fr John Lee's name. All in all the Court's decision ran to 12 pages plus two pages of attachments (the original and the altered agreement). The upshot of the decision is that his particular footage cannot be broadcast publicly in South Korea through any medium.
An email to Salesian Family members in KOR Province thanks members for supporting this long process of litigation with their prayer and pointing out that despite the difficulties a beautiful relationship has flourished between Salesian Family KOR and the the Family in the Sudan Delegation
