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(영문) 서울남부지방법원 2016.11.10 2016나56095
손해배상(지)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. In addition to adding the following judgments as to the defendant's argument, the reasoning of the court's explanation on this case is as stated in the reasoning of the judgment of the court of first instance. Thus, it is citing it as it is by the main sentence of Article 420

[Supplementary part] The defendant asserts that each image of this case is merely a simple image of face and face face, and that there is no particular difference between the face and face of attached Form 3 and attached Form 4, and it is not a work protected under the Copyright Act because it is not a work protected under the Copyright Act.

As to this, the Plaintiff, a designer belonging to the Plaintiff, created each image of this case in a eromotic program with a eromoticon and produced the image of this case. The Plaintiff determined the eromotic eromotic emotic emotic emotic emotic emotic emotic emotic emotic emotic emotic emotic emotic emotic emotic emotic emotic emotic emotic ecos’ creative ecos’ ecos’ ecogic ecos’ ecogic ecos’ ecos’ ecos’ ecos’ ecos

In addition, in order to be a work protected under the Copyright Act, the creativity is required, but the originality in this context is not a complete originality, and it merely means that a certain work does not simply imitate any other work, but includes an original idea or appraisal of the author's own idea or appraisal. To meet these requirements, it is sufficient to distinguish the work from the existing work of the author in the name of the author and to the extent that it can be distinguished from the existing work of the other author.

Supreme Court Decision 200

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