[저작권법위반][공2003.4.15.(176),953]
The meaning of "the right to publish original works" under Article 54 (2) of the Copyright Act and whether reproduction of part of original works may constitute infringement of the right of publication (affirmative with qualification)
The term "original works" under Article 54 (2) of the Copyright Act means the publication without changing the original works by means of writing or translation, etc. It does not mean only the publication of all original works. Even if the infringer did not reproduce all the published works, if he reproduced a considerable quantity of the works, it shall be deemed to infringe the right of publication of the owner of the right of publication, and there is no reason to view that the reproduction of the works does not infringe the right of publication by changing the author's indication in the reproduction.
Articles 2 subparag. 16, 54(1) and (2), and 98 subparag. 1 (see current Article 97-5) of the former Copyright Act (Amended by Act No. 6134, Jan. 12, 200);
Defendant
Prosecutor
Law Firm Mapyeong, Attorney Kang Jong-soo
Seoul District Court Decision 2000No7094 Delivered on May 23, 2001
The judgment of the court below is reversed, and the case is remanded to the Seoul District Court Panel Division.
The court below held that when the defendant publishes a book "98 incorporated in Egypt" in Egypt book of Egypt, without the victim's limited seats, the defendant's only 1,125 of Egypted in Egypted in English included in Egypted in Egypted in Egypted English, which was incorporated into and published on January 10, 1997 by Egypted English for Egypted English for Egypted English for Egypted English for Egypted English for Egypted English for Egypted English for Egypted English for Egypted English for Egypted English for Egypted English for Egypted English for Egypted English for Egypted English for Egypted English for Egypted English for Egypted English for Egypted English for Egypted English for Egypted Korean.
However, the term "publication" generally refers to the act of publishing, reproducing, or distributing a work in writing or drawing by printing or other similar means (Article 54(1) and Article 2 subparag. 16 of the Copyright Act), and Article 54(2) of the Copyright Act provides that "any person who has the right of publication shall have the right to publish a work which is the object of the right of publication as it is, as prescribed by the act of establishment." However, in the above provision, "original" means publishing a work without changing it by means of writing, translation, etc., but it does not mean only publication of all original works, and it does not mean that only the reproduction and distribution of all original works is deemed publishing. Thus, even if the infringing person did not reproduce all copies the published work, if it has reproduced a considerable amount of quantity, it does not infringe the right of publication, and there is no reason to believe that it does not infringe the right of publication.
Nevertheless, the court below maintained the first instance court which acquitted the defendant on the facts charged on the ground that it does not infringe the right of publication in a case where only a part of the copyrighted work is reproduced and distributed differently from the author without examining whether the copyrighted work was reproduced by a considerable quantity among the copyrighted work published by the defendant. This is erroneous in the misunderstanding of legal principles as to the infringement of the right of publication, which affected the conclusion of the judgment, and the argument in the grounds of appeal is justified. [However, the "distribution" other than "the reproduction" in the interpretation of Article 98 subparagraph 1 of the former Copyright Act (amended by Act No. 6134 of Jan. 12, 2000) which applies to this case is not subject to separate punishment. It is see Supreme Court Decision 97Do1769 decided Mar. 26, 199).
Therefore, without examining the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Ji-dam (Presiding Justice)