저작인접권 등 부존재확인
The part against the defendant in the judgment of the first instance shall be revoked.
The plaintiff's claim against the cancellation is dismissed.
1. The summary of the case and the facts premised on the case
A. The summary of the case pertains to the case where the Defendant asserted that all the rights recognized as neighboring rights, such as the right of reproduction, right of distribution, right of lending, and right of transmission, etc., as related rights, are attributed to the Plaintiff who manufactured the phonogram, and that the Defendant did not have any rights recognized as neighboring rights, such as the right of reproduction, right of distribution, and right of transmission, etc., as to the phonogram, by asserting that the Plaintiff, who participated in the production of the phonogram, provided funds, etc. necessary for the production of the phonogram and received by selling the completed phonogram in sequence by singing or singing in the sound recording process, etc.
The judgment of the first instance rejected the Plaintiff’s claim for confirmation of the absence of the right of reproduction, right of distribution, right of lending, and the part seeking confirmation of the absence of other neighboring rights, such as the right of performance, which is held in the position of the sounder of a sound recording of a sound record, on the ground that there is no benefit of confirmation. The Defendant appealed against the lost part
(The court's deliberation and determination is limited to the claim for confirmation of the absence of the right of reproduction, distribution, lending, and transmission with the status of a person who recorded the sound recording of the instant sound recording.
【Evidence of Facts” (Evidence of Facts) A, 2, 5, A6-1, 2, 2, A7, A12-3, 4, 5, 7 through 26, 32, 33, 37, 38, 39, 1, 3, and 8, witness H, and the purport of the whole pleadings. (i) Since the Plaintiff recorded a sound record of “B” around 1958, the Plaintiff is the number of writers who participated in the creation of approximately 45 sound records by means of writing, writing, sound, wreing, singing, or singing the music. The Defendant is a company for the purpose of producing and selling sound records.
Shebly, concerning the instant sound records.