Whether an act of running a business by using singing machines at singing rooms constitutes an infringement on author’s property right.

The act of running a business against the general public by purchasing reproduced singing machines without permission of the copyright holder and reproducing home and musical music reproduced in singing.

Articles 42(1) and 42(2) of the Copyright Act; Article 98 of the former Copyright Act (amended by Act No. 4717, Jan. 7, 1994)

Defendant

Defendant

Seoul Criminal Court Decision 93No6198 delivered on January 26, 1994

The appeal is dismissed.

We examine the grounds of appeal.

The holder of author’s property right may allow other persons to exploit his/her work, and, barring any special circumstance, only the person who has obtained such permission can exploit the work within the scope of the method and conditions so permitted (see Article 42(1) and (2) of the Copyright Act).

According to the evidence duly examined and adopted by the first instance court and the lower court, it is recognized that the Korea Music Copyright Association, a copyright management service provider of the instant work, permits the use of copyrighted works for the producers of musical instruments and for the use of copyrighted works. As such, the Defendant’s act of running a business against the general public by purchasing the reproduced musical instruments and musical instruments without the permission of the copyright holder and reproducing the reproduced musical instruments and musical instruments at the singing book without the permission of the copyright holder. Therefore, the lower court’s decision that maintained the first instance court’s decision with the intention of violating the Copyright Act, is justifiable, and there is no error in the misapprehension of legal principles. The argument is without merit.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Song Man-man (Presiding Justice)