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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The Plaintiff asserted that the Plaintiff is a company that produces and sells images necessary for the Plaintiff’s advertisement. The Defendant sought payment of damages and consolation money equivalent to the sales proceeds, since the Defendant posted and used pictures of “D” image number 185128, 186151, 193063, and the image number 45101, 464024, 464025, 468013, 468014, 531025, 534014, and 81032, 817055 on the Defendant’s website.
(1) The plaintiff can see the defendant's infringement at a reasonable price and the customer who purchased the image from the plaintiff and can see the plaintiff's image and see the plaintiff's image. Thus, the plaintiff can also seek compensation for the damage, which is a claim for consolation money. 2.
A. In order to constitute a copyrighted work protected under the Copyright Act, it shall be a creative production belonging to the scope of literary, scientific or artistic works, and creativity is required as a requirement. As such, in the case of a copyrighted work of photography, the identity and creativity of the photographer shall be recognized in the course of the selection of the body, the establishment of the instrument, the direction and quantity of light, the establishment of the camera angle, the speed of stacks, the capture of stacks, other methods of shooting, phenomena and paintings, etc.
(see, e.g., Supreme Court Decision 2008Da44542, Dec. 23, 2010). According to each of the images, “A” No. 1 through “A” No. 6, and “A” No. 4-1 through 11, the Plaintiff’s motion on the premise that the above pictures are copyrighted, even if they were taken by professional skills, is not reasonable, even if the pictures alleged by the Plaintiff as copyrighted works were taken by professional skills, they are taken by the Plaintiff for the faithful reproduction of foods and/or fruits, which are specific methods of shooting, such as the adjustment of the direction and quantity of pictures and/or lights, and the regulation of the direction and quantity of pictures and the capture at the time of shooting. Therefore, the Plaintiff’s motion on the premise that the above pictures are copyrighted is a copyrighted work.
B. The Plaintiff, even if any.