저작인접권 부존재확인의 소
1. There is no neighboring right of the phonogram producer with respect to each phonogram recorded in the attached list to the Defendant.
1. Facts of recognition;
A. The pertinent Plaintiff is a entertainment planning company, and the representative director C is a father of E who is a member of a famous group D.
The Defendant is a person who was the representative director of H (hereinafter “H”) of the entertainment planning company, which entered into an exclusive agreement with the members of D (E, F, and G).
B. “D” under the exclusive contract of “D” has been engaged in entertainment activities, such as entering into an exclusive contract with H from September 30, 1998 to September 30, 1998, and selling each music record (hereinafter “the instant music record”) in the separate sheet, and thereafter entered into an exclusive contract with the Plaintiff.
C. After the sound records (D4) recorded in paragraph (5) of the attached Table No. 5 (hereinafter “D”) of the I date were sold, H concluded the instant contract with the new community (hereinafter “new community”) and concluded a distribution contract with the new community (hereinafter “new community”), and received KRW 500 million in advance from the new community.
However, on September 30, 1998, prior to the sale of 4.5 book records, upon the termination of the exclusive contract between H and D, the Plaintiff, H and New Zealand entered into a contract with the following content (hereinafter “instant contract”). < Amended by Act No. 5535, Dec. 10, 1998>
1. As the exclusive contract period with H expires, H shall transfer to the Plaintiff all the rights normally conducted by H so that H may smoothly perform broadcasting entertainment activities as a unit of D’s 1,2,3,3.5,4 copies of D’s copyright, name right, portrait right, personal rights, trademark registration right, event right, etc., as the exclusive contract period with D expires, and other D’s rights, such as D’s copyright, name right, portrait right, trademark registration right, event right, etc. However, H shall transfer to the Plaintiff all the rights of D’s crime, which was produced by H and entered into a contract with New L’s museum, until the sales amount reaches KRW 500 million under the same condition as the contract written by New L’s museum and H. 2.
3) H provides the Plaintiff with the right regarding the copyright of D.