Continue the discussion on the understanding of intellectual property by examining copyright precedents.
Whether or not the cartoon title is protected as a work [Supreme Court judgment 77다90 judgment on July 12, 1977]
1. Reason
The plaintiff, as a cartoonist, drew animal cartoons named “Ttoboki” and published them in various newspapers and magazines since 1960. Toboki, which has been serialized so far, is inextricably linked with cartoons, and is protected by copyright as a product of the plaintiff's mental labor. Since it infringes copyright and moral rights, the defendant denies the plaintiff's assertions above and dismisses the claim of 'Ttobok' as it claims to exclude its use and announce the publication of an apology advertisement for the restoration of moral rights and the payment of 500,000 alimony. It argued that it was not an independent work on its own.
The defendant argues that the claim in this case is unreasonable because Ttobok alone cannot be the subject of copyright, and the fact that Ttobok caused damage to the plaintiff or the defendant did not gain any profit from the use of the trademark. It examines whether the use of ' infringes on the copyright or moral right of the plaintiff. Since the title devised by the author or cartoonist is hardly an expression of thought and emotion by itself, the title itself cannot be protected as a work. Therefore, even if the defendant uses the same trademark as the title of the plaintiff's cartoon, it cannot be said that the copyright and moral rights of the plaintiff have been infringed, and there is no evidence that the defendant has harmed the plaintiff's honor. The claim was dismissed and the cost of litigation was borne by the losing party, and the judgment was made as in the order.
2 Decision Summary
The title of the cartoon “Ttoboki” cannot be regarded as an expression of an idea or emotion, so it cannot be protected as a work.
*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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