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(영문) 울산지방법원 2015.10.22 2015고정364
저작권법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant has produced newspapers and broadcasting to workers in the labor union at the video media room of the branch of the metal trade union G branch located in Ulsan-gu, Ulsan-gu from November 27, 2013 to February 7, 2014.

On December 27, 2013, the Defendant produced a caption used for G 4 and 5 revolving broadcast at the above video media room, and infringed the victim’s copyright by using the lethic 240 body copyright owned by the victim’s lethic design research institute without permission, using the lethic 240 body.

In addition, the Defendant infringed on the victim’s copyright from December 27, 2013 to February 7, 2014 by the aforementioned method as indicated in the list of offenses.

2. Determination

A. 1) Determination of copyright infringement 1) Prioritying on whether copyright infringement is recognized, the subject matter at issue in the instant case is developed by the leap Design Research Institute and used by the Defendant (hereinafter “instant book file”).

(2) Article 5(1) of the Copyright Act provides that “a creative work produced by means of translation, arrangement, alteration, color, image, etc. of an original work” shall be deemed as a “second derivative work,” and Article 5(1) of the Copyright Act provides that “a creative work produced by means of translation, arrangement, alteration, color, image, etc. of an original work” shall be deemed as the “second derivative work,” in order to be protected as a derivative work, the original work shall be based on the original work, while maintaining substantial similarity with the original work, and a new creative work shall be added by modifying, increasing, or decreasing to the extent that it may be a new work under social norms, and it is merely a little modification, increase, or decrease in the original work.

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