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1. The appeal against the Defendants by the Plaintiff A and B, and the Defendant of the Korea Music Copyright Association, an incorporated association.
Reasons
Basic Facts
The Korea Music Copyright Association (hereinafter referred to as the “Plaintiff Association”) is a nonprofit incorporated association that, pursuant to Article 105 of the Copyright Act and Article 32 of the Civil Act, permits users in need of musical works to use copyrighted musical works with permission of copyright trust management business from the Minister of Culture, Sports and Tourism on behalf of copyright holders and distributes copyrighted musical works to the relevant copyright holders by collecting user fees from users.
Plaintiff
A and B are the writers who wree the background music of the dramas seen in the following manner.
Defendant Culture Broadcasting is a broadcasting company that produced the drama as “H” (hereinafter “instant No. 1 drama”) and aired from July 2006 to December 2006.
Defendant MFCA is a subsidiary company of Defendant Culture Broadcasting, and operates a business of distributing works overseas, such as dramas, produced in Defendant Culture Broadcasting. Defendant C is an employee of Defendant MFCA.
SBS Co., Ltd. (hereinafter referred to as “SSSS”) produced the drama (hereinafter referred to as “R 2DE”) as “R” and broadcasted from November 2006 to January 2007. Defendant AD (hereinafter changed from Company E to AD on June 15, 2017) is a company that received a comprehensive transfer of all the rights of business, such as copyright, from Company X (hereinafter referred to as “X”) that was in charge of music editing work for the export of the instant 2DE. Defendant F is the representative director of Defendant AD, and Defendant G is the actual operator of Defendant AD.
Plaintiff
A, B, Plaintiff A, and B recorded each of the relevant background music listed in “A,” and “B,” among the background music of “Music Title” as described in each Schedule 1 through 125 (Epode Account Number 2~1~Ma125) of attached Table 2, such as the “Music Title.”