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(영문) 서울중앙지방법원 2016.12.09 2016가합526488
저작인접권부존재확인
Text

1. The copyright as a phonogram producer with respect to each sound record as stated in [Attachment 2 and 3] list to the Defendant and the attached list.

Reasons

1. Basic facts

A. 1) As to the instant sound records, the Defendant indicated in the separate sheet (hereinafter “instant sound records”).

2) The Planninger of the Phonograms listed in Section 1, 3, 5, or 7 of the Schedule is “B (the Plaintiff appears to be referred to).” The Planninger of the Phonograms listed in Section 2 of the Schedule is “D,” and the Planninger of the Phonograms listed in Section 8 of the Schedule is written in Section 2 of the Schedule, “E Planning Office,” and “B,” respectively.

3) The master tape of the sound records as indicated in [Attachment 1 to 3, 5, and 8] were previously held D. B. The Defendant filed an application for registration of neighboring rights with respect to the sound records of this case with respect to the Korea Music Industry Association on July 6, 2002, the Defendant filed an application for registration of compensation for seven sound records except for the sound records as indicated in [Attachment 5] among the sound records of this case with the Korea Music Industry Association.

2) On February 9, 2007, D comprehensively delegated F with the exercise of all rights, such as copyright and neighboring rights, with respect to the instant sound records. Since F submitted a written agreement with the Korea Music Association, a corporate body, on January 15, 2008, stating that the right to the instant sound records is F, the Defendant filed an application for registration of compensation in the name of the Defendant and F. From December 24, 2007 to March 20, 2008, the Defendant returned KRW 17 million out of the compensation received by the Defendant from the Korea Music Association, a corporate body, to F from December 24 to March 20, 2008.

C. D’s death, inheritance, etc. on November 2, 2015, after the creation of the instant sound record, died on November 2, 2015. At the time, Plaintiff A and Plaintiff B were the spouse, and Plaintiff B and Plaintiff B were the spouse, as of November 1, 2016.

The master tape in paragraph 3) is held by the plaintiffs' side.

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