[손해배상(지)][공1999.7.1.(85),1243]
Whether each co-author may make a claim for damages on his/her own account of infringement of moral rights to a joint work (affirmative)
Where the right to a joint work is infringed, each author or each owner of author's property right may, without the consent of the other author or each other, demand the prohibition of infringement on copyright, etc. under Article 91 of the Copyright Act without the consent of the other author or each owner of author's property right, may demand compensation for his/her share in respect of the infringement on author's property right excluding the author's moral right under Article 93 of the same Act, and demand compensation for damages or restoration of his/her reputation, etc. in respect of the infringement on author's moral right under Article 95 of the same Act shall be exercised by all the authors if the infringement on author's moral right is related to all the authors' interests, but, if one person's moral interest is infringed
Articles 95 and 97 of the Copyright Act
[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law No. 1989, 17666, Oct. 24, 1989)
Plaintiff
Defendant 1 and one other
Seoul High Court Decision 98Na1661 delivered on July 15, 1998
All appeals are dismissed. The costs of appeal are assessed against the Defendants.
We examine the grounds of appeal.
Where the right to a joint work is infringed, each author or each owner of author's property right may, without the consent of the other author or each other, demand the prohibition of infringement on copyright, etc. under Article 91 of the Copyright Act without the consent of the other author or each owner of author's property right, may demand compensation for his/her share in respect of the infringement on author's property right excluding the author's moral right under Article 93 of the same Act, and demand compensation for damages or restoration of his/her reputation, etc. in respect of the infringement on author's moral right under Article 95 of the same Act shall be exercised by all the authors if the infringement on author's moral right is related to all the authors' interests, but, if one person's moral interest is infringed
According to the reasoning of the judgment of the court below, the plaintiff is the co-authors of the non-party 1 and the non-party 1 and the non-party 2's co-authors of the World Exclusive Complex. The defendant 1 used the insertion and contents of this case at the same time without their consent and did not indicate the author's names. The plaintiff's author's property rights as well as the author's property rights as well as the right of attribution and the right of integrity. The defendant 2 is the non-party 2's user who is the editor of the publishing company specializing in the book. The above non-party 2 neglected to perform his duty of care as a publishing company, and thus, the plaintiff's non-party 2's non-party 2's non-party 1's non-party 6's non-party's non-party's non-party's non-party 1's non-party 6's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 3'the plaintiff's right of this case.
First, the judgment of the court below is just in accordance with the above legal principles, and there is no error in the misapprehension of legal principles, such as theory of lawsuit. There is no ground for argument.
Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Jae-soo (Presiding Justice)