저작권법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) of the defendant’s appeal (hereinafter “the defendant’s appeal”), which differs in the size of room, fee, and payment method, etc. different from the general singing practice place, and the defendant’s act of having one or two customers individually admitted to each room through the above singing practice place business constitutes “public performance” under the Copyright Act premised on disclosure to the general public.
Nevertheless, the court below convicted the defendant. The court below erred by misapprehending the legal principles on the establishment of a crime of violation of the Copyright Act or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. Article 42(1) and (2) of the former Copyright Act (amended by Act No. 6134, Jan. 12, 2000) of the relevant legal doctrine (amended by Act No. 6134, Jan. 12, 200) (Article 46(1) and (2) of the current Copyright Act) permits the author’s property right holder to exploit his/her work to another person, and the person so permitted may exploit the work within the extent of the method and conditions so permitted.
In violation of this provision, the act of running a business against the general public in a way that purchases reproduced musical musical instruments without permission of the copyright holder and plays the home and musical instruments reproduced in the singing room is considered as an act infringing on the property right of the author.
In the event that the Korea Music Copyright Association, which is a copyright entrustment management business operator for music works, permits the manufacture of musical instruments, such as the reproduction of musical instruments, or the additional entry of new music, from its producers, to use music copyrighted works, barring any special circumstance, the said producers to reproduce the copyrighted works and put them in singing machines, and to use singing machines, unless there are any special circumstances.