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(영문) 서울중앙지방법원 2015.08.21 2014가합594029
채무부존재확인 등
Text

1. Of the instant lawsuit, the damages liability regarding the unauthorized use of each of the teaching materials listed in Nos. 5 through 8 of Attached Table 2.

Reasons

1. Basic facts

A. The Defendant’s status, textbook, and problem book publishing 1) The Defendant is a company engaged in publishing and selling books, etc., and each textbook specified in [Attachment 2] Nos. 1 through 4, 9, and 16 of [Attachment 2] authorized by the Minister of Education, Science and Technology (the “Rules on Curriculum Books”) pursuant to the “Rules on Curriculum Books.”

In addition, each issue house listed in [Attachment 2] Nos. 17 through 30 based on each textbook listed in [Attachment 2] Nos. 1 through 16 of [Attachment 2] is “each issue house,” and “the total of the textbook of this case and the respective issues house of this case,” refers to each of the textbooks of this case.

(2) The Defendant, prior to the publication of each of the textbooks, entered into a contract to establish a publication right for each of the textbooks of this case with the author of each of the textbooks of this case, and obtained the exclusive publication right for each of the textbooks of this case. The Defendant was granted the exclusive permission for all of the derivative works of this case, including secondary teaching materials and learning supporting materials for each of the textbooks of this case.

The summary of the above contract is as follows:

(‘A’ and “A” refer to the Defendant, and each of the textbooks authors of this case). Article 3 (Duties of “A”)

2. “A” is attached to “B” for convenience to the bottom of the publication right on this curriculum book.

(hereinafter the same shall apply)

institution and grant exclusive authority for publication, reproduction, and distribution of this curriculum book (including the electronic textbook form).

Article 10 (Derivative Works, Exclusive Use, etc.)

1. “A” shall exclusively allow “B” to use all the rights under the Copyright Act relating to the instant curriculum, as follows, when the said curriculum book passes the authorization; and “A” shall not allow a third party to use the said curriculum book and derivative work without the prior consent of “B”.

(a) the reproduction and distribution of all or part of the books for this subject;

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