[저작권침해배제][집25(2)민,165;공1977.8.15.(566),10198]
The case holding that a work cannot be seen as a work
The cartoon title "○○○" cannot be seen as an expression of ideas or emotions, so it cannot be protected as a work.
Article 2 of the Copyright Act
[Judgment of the court below]
Sam Food Industry Co., Ltd., Counsel for the defendant-appellant
Seoul High Court Decision 76Na2052 delivered on December 10, 1976
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
The grounds of appeal by the plaintiff's attorney are examined.
According to the reasoning of the judgment of the court below, the court below held that it is difficult to recognize the protection of a work as a work because the plaintiff's cartoon title "○○" is an expression of ideas or emotions because it is difficult to see that the plaintiff's cartoon title "○○" is an expression of ideas or emotions. In light of records, the judgment of the court below is just, and there is no error in the misapprehension of legal principles as to a novel work or in the interpretation of the Copyright Act, and the judgment of the court below
Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Young-chul (Presiding Justice)