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(영문) 서울서부지방법원 2012.02.22 2011고정2144
저작권법위반
Text

Defendants are not guilty.

Reasons

1. Defendant A is a representative director of Company B, and Defendant B is a corporation established for the purpose of online information provision business. A.

Defendant

A From June 2010 to November 19, 2010, the Defendant posted approximately 27 copies of pictures taken by “H”, a victim’s art work, on the Internet homepage (F), without obtaining the consent of the victim G, at the 12th floor office of Seoul Mapo-gu building E, Seoul, and on the Internet homepage (F).

As such, the Defendant infringed the victim’s copyright.

B. Defendant B, at the time and place indicated in the above paragraph (a) above, posted a photograph as to the Defendant’s business and infringed the victim’s copyright by posting it.

2. Determination

A. In order to recognize a violation of the Copyright Act, the actor must have the intent of the infringement, and in order to recognize the intention, it is necessary to recognize the infringement of author’s property right. The actor may be acknowledged if he knows the content of the right or if he knows the existence of the right, even if there is no accurate awareness about the content of the right.

H

B. As to the instant case, the following circumstances revealed by the record, namely, ① the Defendants entered into a contract with the photograph copyright holders to entrust, manage, and sell copyrighted works, ② the Defendants managed the database by obtaining photographs from the photograph copyright holders, and, managing the database, operated so-called so-called “management,” which brokers the lease and sale of photographs between the photograph copyright holders and the consumers. ② At the time of the Korea-Japan World Cup 2002, many citizens, who expressed the image of the “red red string” grouped in color with the representative team of the World Cup 2002, supported the Korean stable team in Korea at the field of stadium and street.

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