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(영문) 서울중앙지방법원 2014.06.12 2013가합552486

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. Under Article 105(1) of the Plaintiff’s alleged Copyright Act, the Plaintiff obtained permission for music trust management business from the Minister of Culture, Sports and Tourism (former Minister of Culture, Sports and Tourism; hereinafter “the Minister of Culture, Sports and Tourism”) on February 23, 198 pursuant to Article 105(1) of the same Act on the basis of the provision on the collection of royalties for performing musical works for the Plaintiff’s retailers (50,000,000 won per store) (the sum of damages for delay from January 1, 2009 to April 30, 2014, which the Defendant, operated from January 1, 2009 to April 30, 2014 (hereinafter “instant music works”) and performed for the Plaintiff’s trust management without the Plaintiff’s permission, pursuant to Article 125(2) of the Copyright Act, on the basis of damages for infringement of the Plaintiff’s right to performance of musical works.

B. The plaintiff's assertion 1) permitted the store music service provider to provide the musical work of this case to the store music service provider. The scope of the above permitted use includes the defendant's performance of the musical work in the store of this case. Article 105 (5) of the Copyright Act provides that the rate or amount of the user fee received by the copyright management service provider shall be determined with the approval of the head of the cultural department. Thus, there is no collection provision with the approval of the head of the cultural department for the store of this case with the area of less than 3,000 square meters. Thus, the plaintiff cannot be deemed to have suffered damage from infringement of the right of performance

3. The main text of Article 29(2) of the Copyright Act provides that a commercial music record shall be reproduced to the public for performance without receiving any benefit in return for the relevant performance from audience or audience. The musical work of this case shall be given to the public.