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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, as a music supervisor of a broadcast program, is a person who jointly operates “C” as a music-related private business chain, such as music records, along with B.
The defendant is a company that produces and supplies broadcast programs.
B. Around November 2010, the Plaintiff and B entered into a contract with the Defendant on the production and distribution of the sound source to be used in D’s broadcast documentary production “D” (hereinafter “instant video”) (hereinafter “instant contract”). The key contents are as follows.
The term “the instant work” framework for the production of sound sources and sound source distribution contract: D volume: D volume: 8 copies of documentary records ( approximately 50 minutes): Personal: The purpose of this contract is to provide for the rights, obligations, and all matters arising therefrom between A and B. The Defendant [A] and C] to jointly carry out the music work of “the instant work,” O.S.T.T. and other related projects,” and the purpose is to provide for the rights, obligations, and all matters.
Subject matter of this Agreement: O.S.T. phonogram and performance (rights and duties) Article 4 (Rights and Duties) for the 8-time broadcast of D’s documentary document “D” produced and broadcasted by A” (hereinafter “D”). <3> A may use the sound source inserted in the instant work for the purpose of broadcasting, reproduction, online and mobile transmission, performance and display or for nonprofit purposes of this case, both domestically and abroad.
Article 6 (Apportionments of Work and total Project Costs) ① A shall ensure that the work of the background music (including production and copyright resolution) and music supervision (including music effects) inserted into the original work of this case shall be completed at the expense of Section B, and shall not charge Party A separate costs involved.
In addition, Eul, as a music supervisor, should produce music and display music so as not to interfere with broadcasting.