The judgment of the court below is reversed, and the case is remanded to the Seoul Western District Court Panel Division.

The grounds of appeal are examined.

H

1. The court below held that the act of posting on its website by the defendants, who are engaged in the so-called so-called so-called so-called Pototobliary business mediating the permission for the transfer and use of photographs on the Internet, does not constitute copyright infringement, where the defendants' act of intending to design the so-called "I" work widely used at the time of the Hanchid World Cup 2002 (hereinafter "the work of this case") the model on which the copyrighted work of this case (hereinafter "the work of this case") took a photograph of Dorts et al. bearing such a model, etc. (hereinafter "the photograph of this case").

The scope of protection of the copyrighted work of this case is limited in light of the appeal history of the term of support, the social and cultural background of collective support activities of the people, and its commercial and functional nature.

In addition, in light of the location, size, and proportion of the instant copyrighted works, it is merely an indirect and incidental use, and it is difficult to directly obtain the creative expression form of the instant copyrighted works from the instant copyrighted pictures.

In addition, the instant pictures did not infringe directly on the commercialization business carried on by the copyright holder of the instant copyrighted works.

B. The Defendants’ permission and permission brokerage business for the transfer and use of photographs play a positive role in saving information search costs on photographs and facilitating prompt and prompt transaction of photographs. The Defendants’ substantial economic benefits have never been gained at the stage of posting photographs on the website, and posting photographs containing another’s copyrighted work on the Defendants’ website is the most effective way to deliver information on photographs to the consumers.

In addition, even if the last usage of the photograph is uncertain at the posting stage of the website, if the posting itself is an infringement of copyright, the contract of actual transfer or use is entered into.