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(영문) 서울고등법원 2018.03.08 2016나2076016
저작인접권 부존재확인의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the acceptance and alteration of the judgment of the court of first instance are as follows, and they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the reasons for the acceptance and alteration are as follows, except for dismissal or addition:

The 4th page 14's "exploitation" shall be re-issued and re-issued.

Parts 4, 23 to 5, 11 are as follows:

2. The parties’ assertion

A. On December 10, 1998, the Plaintiff asserted that he was transferred all the rights, including neighboring rights, to the instant sound records from H, the Defendant’s representative director.

However, on August 28, 2015, the Defendant registered neighboring rights with him/her as the right holder with respect to the instant sound records, thereby disputing neighboring rights with respect to the instant sound records owned by the Plaintiff.

Accordingly, the Defendant seeks to confirm that there is no neighboring rights of the phonogram producer with respect to the instant phonogram.

B. The defendant's assertion is the person who produces the instant sound records, and is the neighboring right holder with respect to the instant sound records.

The main content of the instant contract is to determine the ownership of the right to purchase the music records of D's 4.5 collection and at the same time to confirm that the Plaintiff, who entered into a new exclusive contract with D, would not be interfered with D's broadcast entertainment activities in the future. It is irrelevant to the transfer of neighboring rights to the music records of this case.

Therefore, the Defendant still holds neighboring rights to the instant sound records.

(H) The Plaintiff is deemed to have transferred neighboring rights to the instant sound records to the Plaintiff through the instant contract. In light of the relevant provisions on neighboring rights at the time of the conclusion of the instant contract, the perception of neighboring rights, and the intent between the parties, etc., the Defendant agreed to transfer only the “right to distribute the instant sound records to the Plaintiff via the instant contract.”

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