손해배상
All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to Article 3 of the Copyright Act, Article 2 subparag. 1 of the same Act requires creativity by prescribing the work as “a creative production that expresses human thoughts or emotions.”
Here, creativity does not require complete originality, but to be recognized as creative, at least, it must not simply imitate others, and must contain its own independent expression of the author of ideas or emotions.
(See Supreme Court Decision 2009Do291 Decided February 10, 201, and Supreme Court Decision 2014Da49180 Decided November 9, 2017, etc.). A reduced model of existing buildings can be modified with respect to the shape, pattern, proportion, color, etc. of the building in the process of realizing the existing existing buildings in the form of a model by reducing the actual buildings and realizing them in the form of a model, and features or features distinct from the actual building may be displayed depending on the degree of its transformation.
Therefore, in a case where a reduced model of a building that actually exists is merely a narrow reduction of the existing building or only a minor alteration is made while faithfully reproducing the existing building, it is difficult to recognize creativity. However, if the alteration goes beyond such a degree and the characteristics or characteristics distinct from the actual building have been shown, creativity can be recognized as a work and protected as a work.
The court below did not reduce the actual luminous door in the process of realizing the Plaintiff’s luminous text (section 2 and 4) model by reducing the actual luminous door and realizing it in the form of a model, but extended to various parts, such as the ratio of the plastic wall to the roof, the height of the roof, the separation structure of the roof, the gradient of the eaves, the roof color, the simpleization of the structures under the second floor windows and eavess of the second floor, the size of the door flag, and the shape of the middle door.