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(영문) 청주지방법원 2014.12.17 2014가단12362
손해배상
Text

1. The defendant shall calculate the amount of KRW 2,00,000 to the plaintiff at the rate of 20% per annum from July 1, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates lighting sales business under the trade name of “D” in Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu.

The defendant is a person who operates lighting sales business with the trade name "E" at Bupyeong-si.

B. The Defendant, at the Plaintiff’s Internet shopping mall website, posted the Plaintiff’s photo on the E’s Internet shopping mall website by capturing it without permission.

【Evidence Grounds for Recognition】 Evidence Nos. 1, 2, 3-1, 2, 3-2, 4-1, 2, 3, 5-1, 2-2, 6-1, 2, 3, 7-1, 8, 9, 10, 11, 12-1, 2, 13, 14, 15-1, 2, 16 through 22, 16-1, 23, and 24-1, 25-1 through 6, 1, 27-1, 2, 3, 28-1, 28-25, and 25-1, 25-1, 27-1, 3, and 28-25 of the evidence No.

2. Claim for damages due to a violation of the Copyright Act (the prime claim)

A. The lighting equipment photographs of the Plaintiff’s homepage produced by the Plaintiff constitute a photographic work under the Copyright Act.

Therefore, compensation for damages caused by infringement of author's property rights under Article 125 (1) of the Copyright Act.

B. (1) First, we examine whether the Defendant’s photographed lighting equipment photographs constitute a photographic work.

In order for a work to be protected under the Copyright Act, it shall be a creative production belonging to the scope of literary, scientific or artistic works. As such, creativity is required as a requirement. The photographic work shall be deemed to constitute a work protected under the Copyright Act in the course of the selection of the subject matter, the establishment of an instrument, the direction and quantity of light, the establishment of a camera angle, the speed of the stack, the speed of the stacks, other methods of shooting, phenomena and paintings, etc.

(See Supreme Court Decision 98Da43366 delivered on May 8, 2001, see Supreme Court Decision 98Da4366 delivered on April 8, 200). The purport of the whole argument cited

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