저작권으로 인한 채무부존재확인
All appeals are dismissed.
The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).
1. Determination as to the first ground for appeal (1) Article 16 of the Copyright Act provides that the right to reproduce a work as one of the rights that constitute an author’s property right is the right to reproduce a work, and Article 2 subparag. 22 of the same Act provides that “duplicating” refers to fixing a work temporarily or permanently on a tangible object or remaking a work again by means of printing, photographing,
The installation of computer programs in auxiliary memory devices, such as HDD (HD), constitutes permanent reproduction under Article 2, subparagraph 22, of the Copyright Act.
On the other hand, Article 46 (2) of the Copyright Act provides that a person who obtained permission from the holder of author's property right for the exploitation of a work may exploit the work within the scope of such permitted method and conditions.
The permission for the use of the above work refers to the permission for the use of individual rights that constitute author's property rights, such as the right to reproduce the work.
Therefore, the use of a computer program installed in auxiliary memory such as HD by a person who obtained permission from an author holding economic rights to reproduce a computer program by installing it by installing it in an auxiliary memory unit such as HD constitutes the use of copyrighted works within the scope of the method and conditions permitted by the person who obtained permission to use it.
Even if the user who was permitted to reproduce violated the method or condition of program use as stipulated by the agreement with the owner of author’s property right, it cannot be deemed that the said user infringed the right of reproduction of the owner of author’s property right, apart from the liability for nonperformance due to the breach of
(2) Review of the reasoning of the lower judgment and the evidence duly admitted and examined by the lower court reveals the following facts.
The Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) is the author’s property right holder of E, a computer program that provides computer users with a screen closure function.
E shall be dated 2012.