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(영문) 서울서부지방법원 2016.01.14 2015가합32059
저작권 부존재 확인의 소
Text

1. It is confirmed that there is no author's moral right of each work listed in [Attachment 1 and 2].

Reasons

Basic Facts

The Plaintiff created each work listed in [Attachment Nos. 1 and 2 (hereinafter collectively referred to as the “work of this case”) in the title of “C”, and published the work of this case through Handol Education Co., Ltd. (hereinafter referred to as “ Handol Education”) around 2004.

The defendant taken photographs included in the work of this case as an employee of Handol Education.

On June 1, 2004, Han-do education included the instant copyrighted work in the front book for children as shown in the attached Table 2, and published the instant copyrighted work in the front book for children as shown in the attached Table 2, but published it in the short book as shown in the attached Table 1 from October 20, 204 to October 20.

In the front and side of the cover of the instant copyrighted work, or from the perspective, the title of the instant copyrighted work is indicated as “the Plaintiff’s Gaglim Defendant”.

In addition, the summary of the plaintiff and the defendant are shown in the copyrighted works of this case.

The instant copyrighted work does not use a general painting production method that contains two-dimensional pictures, but, without producing a character of the second two sides of each page, created a three-dimensional space that is a background for each page, and was produced in a creative manner by setting up a three-dimensional shape, such as a character of the flat and a variety of props, in which pictures of the three-dimensional shape are recorded, by setting up a three-dimensional shape, such as a stage device.

The instant copyrighted work contains a total of 36 photographs, including a book sign, front, and rear or photographic, taken by the said method (hereinafter “instant pictures”).

Meanwhile, on September 8, 2003, the Plaintiff agreed to transfer the author’s property rights of the instant copyrighted work to Hando Education at the same time as the delivery of the instant copyrighted work, while concluding the Hando Education and the instant copyrighted work development service contract.

[Ground] Facts without dispute, Gap evidence Nos. 1, 4, 7, 16, and 17 (including branch numbers; hereinafter the same shall apply) and the legal principles pertaining to the determination of the purport of the whole pleadings.

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