저작권법위반
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 300,000.
Defendant
A does not pay the above fine.
1. The summary of the Defendants’ grounds of appeal is that at least 31 photographs of Chapter 42 posted on the Internet homepage by Defendant A, which were recognized by the lower court as infringement of the design (F; hereinafter “the instant copyrighted work”), are ① the original form of the copyrighted work, or most recognizable size and form, ② the copyrighted work shall be located at the center of the copyrighted work, ③ the copyrighted work shall be located at the center of the copyrighted work, ③ the copyrighted work shall not meet the requirements of copyright infringement that the copyrighted work would occupy a considerable portion of the copyrighted work on its Internet homepage, and thus, posting the above pictures on its Internet homepage does not constitute copyright infringement.
Therefore, the court below erred by misapprehending the legal principles.
2. Determination
A. In light of the evidence duly admitted and examined by the lower court, the following can be acknowledged: (a) in the case of the images No. 8014, 80140354, 80140366, 80140355, 80140364, 80140364, 80359, 80140365, 80363, 80140362, 80362, 80140362, 80358, 80140353, 80133193 (hereinafter “the instant infringed photographs”), among the images of the instant copyrighted works, the creative form of the instant copyrighted works can be found to have been revealed from a visual standpoint, since they are in a size and form that enables recognition.
Thus, the infringement photographs of this case recognize the substantial similarity with the works of this case in the form of creative expression, and it is difficult to see that Defendant A's act of posting the infringement photographs of this case on the website is consistent with fair practices to the reasonable extent. Thus, Defendant A's act constitutes an intentional infringement of the victim's copyright.
B. However, in the case of the remaining pictures except for the instant infringed photographs among the accompanying pictures of “infringed data”, a photograph of the size and form with which most of the instant copyrighted works are hot or recognizable.