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(영문) 서울중앙지방법원 2015.08.21 2013가합58670
저작권침해 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a musicer who, from around 2003 to around 201, has been endeavored to take part in the CBS sponsoring “E”, which is a music broadcasting company. Defendant B (e.g., “F”) is a musicer who, around 2012, took part in the public entertainment program organized by G, a music-based cable broadcasting company around 201 and is working as a waterway.

3) Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(B) The Plaintiff’s musical work is a juristic person that completed the registration of establishment on September 15, 2010 for the purpose of music records and sales business. (b) On July 25, 2012, the Plaintiff created and arranged the musical work in the title “I”, “A” which is the original musical work, and the J Copyright Commission made a copyright registration (copyright registration number K) with the author as the author. The musical work is as shown in attached Table 1 (hereinafter “Plaintiff”).

(c) Defendant B’s musical work: (a) on April 22, 2013, published the musical work in the title “M,” the Defendant himself and L, and (b) registered the musical work in the Korea Music Copyright Association; and (c) around June 25, 2013, the Defendant Company produced and sold the musical work in the title “D” in which the said musical work was recorded; and (b) the said musical work was recorded as “the Defendant’s musical work” and “the said musical work” as “the Defendant’s musical work” as “the said musical work.”

(ii) [Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, evidence A (including each number, if any,); the purport of the whole pleadings, including each number, if any;

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff’s musical work constitutes a musical work that is the original and creative expression of the Plaintiff’s musical work, which is subject to the protection of the Copyright Act. (2) The Plaintiff’s musical work around July 25, 2012.

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