Impersonation of attribution
[Supreme Court judgment of 92 degrees 2296 sentenced on December 8, 1992]
1. Judgment Matters
Whether or not it can be said that there is an intention to violate Article 99 No. 1 of the Copyright Act, has been investigated when marking as an author even though you know they are not the authors, even if you did not know the true author and they have just engaged in simple work such as proofreading. This is a case in which it is seen that the act indicated in the work as a person who ties together one person satisfies the elements of sin.
2. Summary of Judgment
Marking people who were not the author of the literary work as the author, even if it was not known who is the original author, is a sin as it cannot be said that there was no intention in marking them as the authors.
3. Reason for Judgment
Since Article 99, No. 1 of the Copyright Act, which is a penalty provision applied to the defendant, is a punishment provision for those who publish works by marking those who are not authors as authors. It will be said that there is intentionality for the act subject to the penalty, and even if you do not know that they are not the author, it will not be considered that there is no intention.
In addition, according to the record, the expression “weaving” in the work appears to be an indication of the authorship of the edited work as stipulated in Article 6 of the Copyright Act, so it is clear that 10 people who are only engaged in simple work cannot be considered as editorial authors. Therefore, marking them as the authors of the edited work satisfies the constituent requirements of the act stipulated above.
*I am a student learning IP, not an IP expert. Translation is by Google and my insufficient English skillsI hope it will be helpful for those who do not have the relevant knowledge or who want to learn about IP.
*The above is my learning from lectures by Prof. Moon available at K-Mooc. Link to the course is as below: kmooc.kr/courses/course-v1:YeungnamUnivK+YU21900+2021_01/course
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*The above is what I learned from a book compiled by the Korean Intellectual Property Office and Korea Invention Promotion Association (published by Pakmungak) entitled “Introduction to Intellectual Property, Understanding Intellectual Property”
*The above is what I learned from a book by author Ocica O'Kim (Korean, Chinese, Japanese, and English Chinese Character Center) called Core Cases of Intellectual Property Rights.
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