저작권 침해금지청구의 소
1. The plaintiffs' appeals against the defendants are all dismissed.
2. The Intervenor who succeeded to the Plaintiff Company B is the Plaintiff Company.
1. Basic facts
A. Under the main sentence of Article 420 of the Civil Procedure Act, the part of “1. Basic Facts” among the reasoning of the judgment of the court of first instance shall be cited for this part of the judgment.
B. The relevant provisions of the Copyright Act are as follows:
For the purpose of this Act, Article 4 (Authors) of the former Copyright Act (amended by Act No. 3916 of Dec. 31, 1986; hereinafter referred to as the “former Copyright Act”) means a person who creates a work.
Article 30 (Duration of Copyright) (1) The copyright of any work published or public performance shall continue to exist for a period of thirty years after the date of survival of the author.
Article 38 (Duration of Copyright) The right to produce a motion picture shall apply Articles 30 through 33 to the matters of originality and the provisions of Article 35 shall apply mutatis mutandis to the determination thereof.
The former Copyright Act (amended by Act No. 3916 of Dec. 31, 1986) was amended by Act No. 3916 of Jul. 1, 1987, and was enforced before December 28, 2006; hereinafter referred to as the "former Copyright Act No. 2").
2. The definition of terms used in this Act shall be as follows: 11. Producers of works: referring to the persons who plan and take the responsibility for the whole in the production of cinematographic works; 17. Publication means the case of disclosing works to the public by means of public performance, broadcasting, exhibition or other means, and the case of publishing works to the public; hereinafter referred to as “corporation, etc.” in Article 9 (Author of Works in Organization Name).
(i) works produced by a person engaged in the work of a juridical person, etc. under the planning of a juridical person, etc. which are made public in the name of the juridical person, etc.;
(1) The author of a cinematographic work shall be a juristic person, etc. unless otherwise stipulated in a contract, work rules, etc.: Provided, That this shall not apply to the case of a named work.