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(영문) 서울서부지방법원 2013.07.04 2012고정1787
저작권법위반
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is a corporation established for the purpose of furniture sales and distribution business, and the defendant A is the representative director of the defendant B.

Defendant

A, on January 2012, 2012, at the office of Defendant B, which was located in Mapo-gu Seoul Metropolitan Office No. 605, posted 11 points of G photographic work of the copyright holder of F (Appellant) on the Internet homepage of the said company E, and infringed on the copyright of the complainant. Defendant B, the representative director of the Defendant, infringed on the copyright of the complainant by committing the above violation.

2. To be considered as a copyrighted work protected under the Copyright Act, it is a creative production belonging to the scope of literature, science, or art. As such, creativity is required as a requirement. The photographic work is a copyrighted work that requires the selection of the subject matter, the establishment of a Gu road, the direction and quantity of light, the establishment of a camera-do, the speed of the cameras, the capture of air conditioners, other methods of photographing, phenomena and paintings, etc., and its identity and creativity are recognized (see, e.g., Supreme Court Decisions 98Da43366, May 8, 201; 2008Da44542, Dec. 23, 2010). According to the records of this case, the photographic work is a copyrighted work that is protected under the Copyright Act under the Copyright Act, and thus, it is deemed that the name and creativity of the subject matter, the representative of the accused, and the defendant H, who was placed at the time of the display of his/her pictures and pictures for the purpose of sale of his/her pictures and pictures.

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