Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant did not have any contact or measure at the Korea Music Copyright Association, a trust administrator of copyright, with respect to the copyright of H “H” (hereinafter “the instant performance”), which was held in the “F in 2013” (hereinafter “the instant performance”), which was held by the Plaintiff from D through D to May 17, 2013 (hereinafter “the instant performance”). Before the public performance, the Defendant agreed to receive the copyright of the instant singing from K to the effect that it would not cause damage to D with respect to the copyright of the singing, which is the object of the performance, and that the Defendant violated the copyright law by misapprehending the legal principles of the Copyright Act.
2. The judgment of the court below is based on the evidence duly admitted and examined by the court below, i.e., ① even if a performance planner holds a performance for profit-making purposes, if he/she does a music, he/she is obliged to pay the performance fee to the performer, a copyright holder, and ② The Korea Music Copyright Association held the "F" of the same kind as the performance of this case in 201 and 2012, respectively, in March 26, 2013, and then sent the content-certified mail to the Korea Music Copyright Association, which was used in the performance in the performance of 2011 and 2012, to submit an application for use, settlement of sales, etc. of the copyright of the music used without permission, in relation to the performance of the performance of this case (Evidence 13, 2011 and 2012).