Whether the broadcast under Article 2 subparag. 8 of the former Copyright Act includes the Internet broadcast (affirmative)

Article 2 subparag. 8 of the former Copyright Act (amended by Act No. 6134 of Jan. 12, 200) provides that broadcasting refers to the transmission of voice, sound, or image by wireless or wire communication (excluding the mere extension of sound within the same area where such transmission has not been interrupted) for the purpose of allowing the general public to receive it, and the broadcasting here refers to the transmission of voice, etc. by wireless or wire communication method (see Article 2 subparag. 8 of the same Act) for the purpose of allowing the general public to receive it at the same time (see Article 2 subparag. 8 of the same Act), as well as the transmission of voice, etc. by wireless or wire communication method for the purpose of allowing the general public to receive it at the same time and place individually selected by the general public (see Article 2 subparag. 9-2 of the same Act).

Articles 2 subparag. 8 and 2 subparag. 9-2 of the former Copyright Act (Amended by Act No. 6134, Jan. 12, 2000)

○○○○○ (Law Firm Sejong, Attorneys Kim Jong-soo et al., Counsel for the plaintiff-appellant)

△△△△△ Broadcasting

Seoul High Court Decision 2002Na986 delivered on October 15, 2002

The appeal is dismissed. The costs of appeal are assessed against the defendant.

1. Article 2 subparagraph 8 of the former Copyright Act (amended by Act No. 6134 of Jan. 12, 2000) provides that broadcasting refers to the transmission of voice, sound, or images by wireless or wire communication means for the purpose of enabling the general public to receive them (excluding the transmission of sounds simply within the same area where it has not been interrupted). In this context, broadcasting refers to the transmission of voice, etc. by wireless or wire communication means for the purpose of allowing the general public to receive at the same time (see Article 2 subparagraph 8 of the Copyright Act) as well as the transmission of voice, etc. by the method of wireless or wire communication for the purpose of allowing the general public to receive at the same time (see Article 2 subparagraph 8 of the Copyright Act). It is reasonable to interpret that broadcasting is also included in the transmission of Internet broadcasting and its transmission from servers to private terminal only after accessing it through the Internet at individually selected time and at a place (see Article 2 subparagraph 9-2 of the Copyright Act).

Therefore, the court below's decision that the defendant infringed the plaintiff's property right by video recording the musical character of "Jsss Christ Group", which is the plaintiff's work, and transmitting it to the Internet broadcast without permission of the plaintiff is proper, and there is no error as alleged in the grounds of appeal.

2. The court below is correct in calculating the amount of damages of the plaintiff due to the defendant's infringement of the defendant's property right to KRW 11 million equivalent to the ordinary user fee, taking into account the user fee of the above musical broadcasting that was entered into between the plaintiff and the non-party 1, and there is no error as alleged in the grounds

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing defendant.

Justices Lee Yong-woo (Presiding Justice)