We will continue the discussion on the understanding of intellectual property by examining precedent cases.
Case of Infringement of Moral Rights [Supreme Court Decision 62마12, sentenced on October 29, 1962]
1. Reason
The applicant wrote “Successful General Society” around December 1957, transferred the copyright to the respondent, and then published it by the respondent. 1962.03.05 In the revised publication, the respondent not only made a false indication of the author in the last chapter of the book, but also made unauthorized modifications or supplements to ~70 pages of the work. Even if the copyright is transferred by the author, it is stipulated in Articles 14, 16, and 17 of the Copyright Act that the contents of the work cannot be modified or edited by anyone other than the author. It is also clear that doing so is an infringement of copyright.
Even if the author does not have the right to the work due to the transfer of the copyright, the moral rights of the work, such as the right to display, the right to change, and the right to maintain originality, must be protected as stipulated in Articles 14, 16, and 17 of the Copyright Act. We will make it clear that the title of the author cannot be changed or other changes to the work cannot be made without the consent of the original author.
Even if it is within the scope that does not impair the identity of the work or increases the value of the work, the external contents of the work cannot be changed without the consent of the author. If the respondent reorganized or changed the contents for a considerable number of pages without the consent of the applicant who is the author, it would be a case of infringing on the moral right of the author.
According to Articles 2, 65, and 68 of the Copyright Act, to interpret copyright infringement not only as property infringement but also as infringement of the author's personal right is appropriate for social justice as well as the fundamental spirit of the Copyright Act.
2 Decision Summary
Even if the author has transferred the property right to the work due to the transfer of the copyright, the copyright law Articles 14, 16, and 17 stipulated in the Article that it will make sure that the work cannot be altered without the consent of the original author, and even if it does not impair the identity of the work or enhances the value of the work, it is inappropriate to change the work without the consent of the author.
*I am a student learning IP, not an IP expert. I hope it will be helpful for those who do not have the relevant knowledge or who want to learn about IP.
*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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