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(영문) 부산지방법원 2017.05.18 2016노4530
저작권법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal under the Copyright Act is not a requirement for the recognition of “public” of work, but a requirement for the recognition of “public”’s official title, so long as the design design design design design of the victim G Co., Ltd. was sent before the public offering, the act of the defendants using the above design without the consent of the victim company constitutes a violation of the Copyright Act, and the judgment of the court below which acquitted the defendants of the facts and affected the conclusion of the judgment by misapprehending the legal principles or misapprehending the facts.

2. Determination

A. Under the planning of a corporation, an organization, or an employer, an occupational work is a work produced in the course of business by a person engaged in the business of a corporation, etc. (Article 2 subparag. 31 of the Copyright Act); in the event that the Copyright Act was amended in 2006, the work made public in the name of a corporation, etc. is the author of the work, etc. (Article 9 of the Copyright Act). In light of the content and purpose of amendment of the text of Article 9 of the Copyright Act, the work made public in the name of the corporation, etc. is changed to the “public announcement made public.” In order to become a copyright holder, the requirement is that the work made public in the name of the corporation, etc. is to be made public in the name of the corporation

B. The following circumstances acknowledged by the lower court and the first instance court’s duly adopted and examined evidence, namely, ① the victim company submitted a written request for a proposal containing the design design and design design design design for the project to improve the aesthetic view of the KK retaining wall (hereinafter “design design”) held by the Si/Ycheon-si on March 2012, to the Sincheon-si Urban Housing, but the design of the retaining wall was not adopted, and ② the design of the retaining wall was not adopted.

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