1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On July 14, 2007, the Plaintiff taken a photograph of the attached photograph (hereinafter “instant photograph”) and opened it on his personal photograph, and allowed the use of the instant photograph in accordance with the terms and conditions prohibiting the use of it, if the Plaintiff followed the terms and conditions of an author’s indication, non-profit, and alteration.

B. The Defendant, as an accommodation agent, operated the website C, Blog D, and E, posted the instant pictures on the Blogs in the two places, without the Plaintiff’s consent, and, if charactered the pictures, was connected to the Defendant’s website. On November 15, 2014, the Plaintiff discovered them on the Defendant’s website.

C. The Plaintiff registered the copyright of the instant pictures as F Korea Copyright Association G G.

[Ground for Recognition - Unsatisfy Facts, entries or images of Gap evidence 1 through 5, 15, 16, and purport of whole pleadings]

2. Occurrence of liability for damages;

A. The defendant asserted that the plaintiff's photograph of this case was stolen by unauthorized use and infringed on the plaintiff's copyright, and thus, he is liable to compensate for the damages suffered by the plaintiff.

B. The Defendant’s assertion 1) The Defendant posted the instant pictures on each page, and directly linked the pictures that the third party reduced to copy, thereby not constituting a reproduction or transmission of the Plaintiff’s copyright. As such, the Defendant did not infringe on the Plaintiff’s copyright. 2) Since the Defendant posted the instant pictures in compliance with the terms and conditions of the Plaintiff’s license to use the pictures, it did not infringe the Plaintiff’s copyright.

3) The Defendant’s publication of this case constitutes a fair use under Article 35-3 of the Copyright Act, and thus, did not infringe the Plaintiff’s copyright. C. The Defendant’s publication of this case’s photograph without the Plaintiff’s consent is as seen earlier, and the Defendant’s assertion is examined. 1) The Defendant’s publication of this case’s photograph is based on the evidence No. 16 of the judgment as to direct link, rather than a direct link.