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(영문) 부산지방법원 2014.03.28 2012가단206664
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the author of “E” (hereinafter referred to as “the Plaintiff’s work”), Plaintiff B is the author, and Defendant C is the author of “F” (hereinafter referred to as “the Defendant’s work”), the musical work indicated in the attached Table 2 list, and Defendant D is the author.

B. On October 7, 1999, the plaintiffs' works were registered with the Korea Music Copyright Association on March 5, 1996. On June 1, 2006, the plaintiffs' works were registered with the Copyright Deliberation and Mediation Committee as being created on April 1, 1995, and made public on March 5, 1996. The defendants registered as being made public on May 17, 2004 after they worked as the defendants from GBs held on May 1, 1997 to the GBs held on May 1, 1997 and then registered as being made public on December 17, 2004.

[Ground of Recognition: Facts without dispute; Gap evidence 1, 2, 4, 7 through 9, Eul evidence 8-1, fact-finding results against the President of the Korea Music Copyright Association, which is an incorporated association of this court, the purport of the whole pleadings]

2. The summary of the plaintiffs' cause of action is that the defendants infringed the plaintiffs' right to prepare the secondary copyrighted work and the right to indicate author's moral rights (name) by using the attached part 3 of the plaintiffs' copyrighted work in plagiarism or partial transformation as it is, and thus, they are liable to compensate

3. Judgment on the grounds of the plaintiffs' claims

A. In order to be an infringement of copyright of musical works, the Defendants should establish a “dial relationship” that recognizes the existence of the Plaintiffs’ copyrighted works and makes their own copyrighted works based thereon.

Therefore, a person who does not know the existence or content of an existing work because he did not make a work based on the existing work, does not assume the responsibility for copyright infringement, even if he made a work identical to the existing work.

The assertion and admission of the relationship is based on.

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