logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2015.09.03 2013가합2822
출판권침해금지 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) concluded, on September 18, 2007, the “F” (hereinafter “the instant copyrighted work”)’s planning and the Plaintiff’s work process, etc. as to the “F” (hereinafter “the instant copyrighted work”); and (2) concluded, on November 5, 2007, the “Commission Agreement with G” as to the instant copyrighted work; (3) agreed, in the course of performing each of the instant copyrighted work, that in the event copyright occurs in relation to the instant copyrighted work, E and G, the entire right to prepare and use the copyrighted work and the derivative copyrighted work (see Articles 6(1) and 7(1) of the Commission Agreement on Commissioning Works of Certified Works and Documents No. 1 and 62-3, respectively); and (4) agreed that the instant copyrighted work will be transferred to the Plaintiff’s author’s right to publication of the instant copyrighted work from February 208 to June 6, 2008.

(See Articles 1 and 2 of the Agreement on the Establishment of Right of Publication of Works of Art 1 to 61 of A (see Articles 1 and 2 of the said Agreement).

D On August 5, 2011, the Plaintiff entered into a contract for the transfer of the right of publication to the Plaintiff of KRW 500 million. On May 31, 2012, the Plaintiff registered the transfer of the right of publication to the Korea Copyright Commission.

C. From around 2012, Defendant Company purchased the instant book with the same content as 60 out of the instant copyrighted works consisting of a total of 62 books from Defendant C, and sold it through the Internet site (I) of the Defendant Company’s operation. On the other hand, some of them were posted on the said Internet site.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Gap evidence Nos. 16 and 17 (including each of them), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The summary of the Plaintiff’s assertion D is the literary work among the instant copyrighted works.

arrow