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(영문) 서울중앙지방법원 2021.02.05 2019가합541129
저작권침해정지청구권 등 부존재확인
Text

1. The plaintiff's scenarios recorded in the plaintiff's attached Table 1 are the defendant's copyright as to the works recorded in the attached Table 2.

Reasons

Basic Facts

A. The Defendant is the author of the book called “C” in attached Form 2, published on December 15, 2014 (hereinafter “Defendant book”).

B. The Plaintiff is one of the co-authors of the scenarios of “D” (attached Form 1 Re-the same as the Plaintiff; hereinafter “Plaintiff Scenario”) in the film production channel and the process of creating the sceness with the assistance of the U.S. Ambassador.

【Uncontentious facts, Gap evidence Nos. 1 and 3 (which include Serial numbers)

The main point of the Plaintiff’s assertion of the purport of the entire arguments and the purport of the Plaintiff’s argument is that the Plaintiff’s scenario and the Defendant’s book are not similar, and their relationship cannot be acknowledged on the basis of the lack of substantive similarity in the specific form of expression. Therefore, the Plaintiff’s scenario is not the secondary work of Defendant’s book.

The plaintiff's scenario infringed upon the plaintiff's right to make a derivative work on the defendant's book.

Therefore, the defendant's right to suspend copyright infringement and the right to claim damages against the plaintiff does not exist.

Nevertheless, as the defendant is dissatisfied with this, it is sought confirmation of this case's lawsuit.

The subject of copyright protection of the legal principles related to actual similarity is a creative expression form that explicitly expresses ideas or emotions obtained by people's psychological efforts with respect to learning and art by verbal expression, letter, sound, color, etc. In other words, ideas and emotions such as ideas, theories, etc. expressed are not subject to copyright protection in principle even if they have originality and originality. Therefore, in determining whether there exists a substantial similarity between two copyrighted works in order to determine whether a copyright has been infringed, only those constituting a creative expression form shall be compared (see Supreme Court Decision 98Da46259 delivered on November 26, 199, etc.) and novels, etc.

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