Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The plaintiff's assertion is the copyright holder of the scenic 1.0 scenarios (hereinafter "the copyrighted work of this case"). The defendant is obligated to pay the plaintiff 24 million won and damages for delay in compensation, since the defendant reproduced and fixed the 4 female photo of the copyrighted work of this case (hereinafter "the copyrighted work of this case") on the clody without the plaintiff's permission, and distributed them free of charge in clody.
B. Determination 1) For a work to be protected under the Copyright Act, the work must be a creative production belonging to the scope of literature, science, or art. As such, creativity is required as a requirement. The photographic work is a work that is protected under the Copyright Act, such as the selection of the body, the establishment of a Gu, the direction and quantity of light, the establishment of a camera-do, the speed of the exhauster, the stringer’s capture, other methods of photographing, phenomena, and paintings, etc. (see Supreme Court Decision 98Da4366, May 8, 2001). 2) The photographic work constitutes a work that is protected under the Copyright Act, where the identity and creativity of the photographer are recognized (see Supreme Court Decision 98Da43366, May 8, 201). According to the evidence evidence evidence No. 11, even if the photographic work was taken by professional skills, it is merely more important to faithfully express only the date of chain and quantity, and there is no other evidence to acknowledge the creation or identity of the photograph of the Plaintiff’s.
Therefore, the plaintiff's claim based on the premise that the photograph of this case is a copyrighted work is without merit.
2. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.