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(영문) 대법원 2014.08.26 2012도10734
저작권법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court determined that the work, as indicated in the judgment of the lower court (hereinafter “the instant work”) which sought the support phrase “H” widely used at the time of the World Cup 2002 constituted a work subject to the protection of the Copyright Act on the grounds as stated in its reasoning.

In light of the relevant legal principles and records, the above determination by the court below is reasonable, and there is no error in the misapprehension of legal principles as to the creativity of copyrighted works, or in mistake of facts due to the violation of the

2. Regarding ground of appeal No. 2

A. In the case of the photographs in Chapter 22 of the decision of the court below (hereinafter referred to as the "the pictures of this case"), the court below determined that the defendants, who are engaged in the business on the Internet, posted the pictures of this case on their website a model model of wearing the copyrighted works of this case, on the Internet, to allow transfer and use of the pictures, on the ground that the copyrighted works of this case are located in the middle or the face of the model, etc., and occupy a relatively large portion of the pictures, not indirectly and incidentally used. In light of the fact that the copyrighted works of this case are not indirectly and incidentally used, the act of posting them on the website constitutes copyright infringement.

B. (1) In the event that an original is reproduced in the course of photographing or recording, etc., the nature, content, and overall composition of a new work, etc., the use of the original is incidental to the photographing or recording, etc. of the subject matter in which the main expression is displayed in a new work, and it is not limited to the extent that its quantitative weight or importance is insignificant, but it is also the creative expression form of the original work in a new work.

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