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(영문) 서울행정법원 2019.07.11 2019구합56296
저작권등록무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Circumstances and details of the disposition;

A. On March 26, 2015, the Plaintiff constituted the Intervenor joining the Defendant (hereinafter “ Intervenor”) and actually operates D Co., Ltd. (hereinafter “D”) as a person retired from the Intervenor around December 2017.

The Intervenor (former Representative Director) and D make all the F broadcast profits as the main source of profit.

B. The Defendant is a corporation established pursuant to Article 112 of the Copyright Act, which is entrusted with the registration of copyright by the Minister of Culture, Sports and Tourism pursuant to Article 130 of the Copyright Act and Article 68 of

C. The Defendant accepted the Intervenor’s application for copyright registration as of the date C, and rendered each copyright registration disposition (hereinafter “each of the instant dispositions”) with respect to each photograph recorded in the separate sheet (hereinafter “each of the instant pictures”) on which the Plaintiff’s form is recorded, as shown in the separate sheet.

The Intervenor, around 2018, posted each of the instant pictures without permission, filed a complaint against G as the Plaintiff’s spouse, who is a nominal operator of D, in violation of the Copyright Act.

In addition, the Intervenor reported that the F channel operated by the Plaintiff violated the Copyright Act on the part of the Internet site F, and thus the Plaintiff received a warning of the suspension of use of the F Account.

[Reasons for Recognition] Unsatisfy, Gap's statements, Gap's 3 through 6, Eul's 1 (including branch numbers), or the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. Even if each of the pictures of the Defendant’s defense prior to the merits was registered as a copyrighted work, copyright is generated when the copyrighted work is created, and copyright registration is merely a publication system.

Therefore, even if the Plaintiff’s risk of being accused by the Intervenor exists, it cannot be said that the Plaintiff’s direct and specific legal interest is infringed due to each disposition of this case.

Ultimately, the Plaintiff confirms the invalidity of each of the instant dispositions.

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