beta
(영문) 서울고등법원 2019.10.31 2019나2030608

저작권 침해금지 등

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of this court citing the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following additional determination as to the Defendants’ repeated assertion by this court. Thus, it shall be cited by the main text of

(The part of the judgment of the court of first instance against the plaintiff is not the scope of the judgment of this court, but the part as to the attached Form 4-1, 2, and 4 Kavis, excluding the part as to the plaintiff).

A. In order for the Plaintiff to be creative as a copyrighted work protected under the Copyright Act, the Plaintiff’s pictures and the pictures for product advertisement as shown in the attached Table 1’s respective pictures and the attached Table 2’s 3 Kathrogs’ copyrighted work, it should not be deemed to be aimed at achieving the practical purpose of advertising by faithfully expressing only the products themselves. The identity and creativity of the filmer should be recognized in the process of selecting the body, setting up the instrument, controlling the direction and quantity of light, setting the camera, setting the cameraer’s angle, setting the range and volume of light, racker’s speed, raising opportunities for exhauster, and other methods of shooting, phenomena, and painting.

However, the term "originality" does not mean a complete originality, but merely means that a certain work does not simply imitate the other's work, but includes an independent idea or expression of the author's own idea or appraisal. Thus, to meet these requirements, it is sufficient to distinguish the work from the work's original work's existing work.

(See Supreme Court Decisions 94Do2238 delivered on November 14, 1995, and 98Da43366 delivered on May 8, 2001, etc.). The above pictures and carbain produced by the Plaintiff and the Plaintiff’s aforementioned pictures and carbain produced by using the Plaintiff’s planning and cost. The images are subject to the intent of increasing the effect of the introduction and advertisement of alcoholic beverage products by emphasizing the image of alcoholic beverage products imported and distributed by the Plaintiff.