저작권법위반
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the grounds for appeal of this case is merely a photographic work protected under the Copyright Act, and is merely a photographic work taken by properly placing cryptos and classical equipment, which are generally used in light of the good faith.
In addition, since the photograph of this case is only produced upon request from G as required by J and the defendant, there is a copyright of the photograph of this case to G.
may not be deemed to be a copyright to the G in household affairs.
G accepted the use of the above photograph explicitly or implicitly by the defendant.
Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in fact.
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant runs livestock products sales business under the name of D in Busan-gu, Busan-gu C.
No infringement shall be made by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of secondary copyrighted works, of author's property rights or other property rights protected pursuant to the Copyright Act.
Nevertheless, from February 2010 to January 2013, the Defendant placed a livestock product sales advertisement on the website (E), D Internet shopping mall (F), and 11-time website (www.11stst co.km) and used HI image without permission of G as a copyright holder.
Accordingly, the Defendant infringed on the author’s property right by displaying the above copyrighted works without the permission of the copyright holder.
B. Even in a case of a photographic work as to whether the photograph of this case constitutes a copyrighted work protected under the Copyright Act, creativity is required in order to constitute a copyrighted work protected under the Copyright Act, it can be deemed that the photographer’s identity and creativity are generally recognized in the course of selection of the subject matter, establishment of an instrument, adjustment of light direction and quantity, establishment of a camera angle, speed of exhausters, other methods of capture of exhausters, filming and painting, etc., and in general, it constitutes a copyrighted work.