When Copyright Meets Celebrity Identity: The Choi Yena & Olivia Rodrigo Controversy

In an age where music transcends borders and fans scrutinize every detail, artists must tread carefully, especially when their work references real people. This was the case with K-pop idol Choi Yena, whose song “Hate Rodrigo” (later rebranded as “Hate X”) sparked backlash for allegedly referencing American singer Olivia Rodrigo.

Choi Yena, a former member of IZ*ONE and now a solo artist, released the track “Hate Rodrigo” in June 2024. The song’s lyrics and visuals appeared to reference Olivia Rodrigo, with direct name-drops and scenes that mimicked Rodrigo’s aesthetic. The narrative revolved around envy and admiration, blurring the line between critique and tribute.

Following the release, the song’s music video received heavy backlash from international fans. Yena's agency, Yuehua Entertainment, soon edited the video to remove explicit references to Olivia Rodrigo, including altering scenes and muting name mentions. Eventually, the title was changed to “Hate X” and the original video was taken down and replaced.

What Laws Could Be at Play? 😯

1. Right of Publicity 

   • In many jurisdictions (especially the U.S.), celebrities have the right to control the commercial use of their name, image, and likeness. If an artist profits from another person’s identity without consent, it could be a violation.

   • While Olivia Rodrigo didn't publicly respond or take legal action, if she had pursued a claim, it might have been under this right, especially if she could prove her name was used to sell or promote Yena’s song.

2. Defamation or False Light

   • If the portrayal was negative and seen as harmful to Rodrigo's reputation, it could have invited defamation claims or what is known in U.S. law as a “false light” claim, presenting someone in a misleading way that could damage their image.

3. Trademark & Copyright?

   • Rodrigo's name itself is not copyrighted, but if the visuals or branding directly copied her album artwork or likeness, there could be copyright infringement issues.

   • No music or lyrics were copied, so musical copyright infringement does not apply here.

4. Moral & Ethical Considerations

• Even if not illegal, referencing a living celebrity without permission in a potentially negative or exploitative light raises ethical concerns, especially when it crosses cultural or linguistic boundaries where interpretation varies.

This controversy shows how creative freedom can collide with legal rights. Copyright law typically protects original works of authorship, not people’s names or identities. However, modern media law has evolved to protect individuals, especially celebrities from being commercially exploited without their permission.

As the global music industry becomes more interconnected, artists must be cautious when referencing other public figures. What may be seen as homage in one country could be considered defamation or exploitation in another.

The Choi Yena and Olivia Rodrigo case is a wake-up call for creators navigating global fame and cultural crossover. While copyright law may not have been directly violated, the situation underscores how closely copyright, defamation, and publicity rights are intertwined in pop culture. For artists, producers, and fans alike, it’s a reminder that creativity must be balanced with respect and sometimes, legal caution.

By `Aisyatin Farhah 1211202255

Source : https://www.koreatimes.co.kr/www/art/2025/02/398_356491.html