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(영문) 서울중앙지방법원 2019.06.28 2018노3938
저작권법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fact-finding) is that the Defendant purchased 56 teachers’ accounts from the victim company (B. hereinafter “victim company”) and lawfully uses the victim company’s copyrighted works. The Defendant, within the scope of the authorization of use, posted and downloaded teaching materials and work files of the victim company’s copyrighted works and work files on the Internet Caf Materials Board for the students’ teaching convenience. Thus, the Defendant’s above act does not constitute an infringement of author’s property rights of the victim company.

2. Comprehensively taking account of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the trial court, the Defendant purchased a majority of the victim’s school building accounts within the limit of 36 students for each account, and it is reasonable to view that the Defendant infringed the victim’s author’s property right on the victim’s above work by placing the victim’s reading materials and the workout files of the workshop in the Internet Cafbook bulletin board. Thus, the Defendant’s above assertion is rejected.

(1) A victim company shall manage licenses for the use of copyrighted works in such a way that it does not directly counter students and sells teachers' account as a company that engages in the production and sale of teaching materials for English education for young children. The main contents of the terms and conditions for the use of the victim company are as follows:

3. The license for use of the license shall grant the license for use of copyright data as part of the curriculum, together with the right for access to the B website purchased.

Each educator who uses data shall hold a license to obtain necessary permission.

Each license shall be effective for each family or class (36 maximum number of students). Family or class.

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