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(영문) 서울서부지방법원 2016.05.11 2016고단389
저작권법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged E is the president of the F Research Institute, and the Defendant is the professor of the department of records management at the graduate school of information science of G University.

E around 194, under the pretext of publishing the photobook of the deceased I (hereinafter referred to as “the deceased”) who is the father of the victim H (hereinafter referred to as “the deceased”), he was given the film of June 25 war taken by the deceased (hereinafter referred to as “the instant photograph”) and the original photograph of the deceased’s photograph.

E From July 31, 2009 to July 31, 2009, while he had the Defendant keep the pictures, films, etc. of this case without returning them to the victim even after publication of the photobook.

9. Until 20. 20. At the commemorative exhibition held by the Seoul History Museum, seven points of the deceased’s photographic works were displayed arbitrarily without any consultation with the victim at the memorial exhibition.

Accordingly, the Defendant conspiredd with E to infringe on the victim’s copyright.

2. Although the Defendant’s assertion of the above pictures is inconsistent with the display of the above pictures by the Defendant and his defense counsel, E was donated the pictures of this case from the deceased, who is the father of the victim H, and thus, the copyright holder’s interest holder’s interest holder in the film of this case is E, and the Defendant displayed the above pictures with the consent of E, and thus, it does not constitute a violation of the Copyright Act.

3. Determination

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