Continue the discussion on the understanding of intellectual property by examining copyright precedents.
Violation of copyright in propaganda advertisements
Supreme Court sentenced on January 17, 1989, decision 87 도 2604
1. Reason
Of the lower court, the defendant signed a contract with Ahn, the victim, to publish a book called Children's Art World, co-authored by Ahn and Baek, and then distributed advertisements in the JoongAng Ilbo and the Saehan Newspaper to promote the booklet. In the process, it was acknowledged that there was no indication of the author in the JoongAng Ilbo advertisement, the Saehan Newspaper advertisement only introduced Mr. Baek's biography, and the pamphlet did not include the introduction section of Mr. Ahn, thereby damaging Mr. Ahn's reputation.
According to Article 14 of the Copyright Act, irrespective of property rights in a literary work, even after the transfer of the right, one has the right to claim to be the creator of the work.
In the advertising business, it is only the defendants' business and cannot be Mr. Ahn's business, and if the publishing contract between the defendants and Mr. Ahn is terminated and the publishing right is transferred to Mr. Ahn, the defendants who do not have the publishing right will give the publishing right and their possession to Mr. Baek. Since it appears that Mr. Ahn cannot suffer damages from infringing on the publication right by disposing of it, the trial court will conduct a hearing on the relationship between the defendants' topography storage and what kind of damage Ahn suffered by transferring the publishing right. It would be said that he did not do so or committed an offense by misunderstanding the principle of breach of trust. Accordingly, the judgment of the original court is reversed and the case is remanded to the collegiate panel of the Seoul Criminal District Court.
2. Summary of decision
The purpose of the provisions of Articles 14 and 69 of the Copyright Act is that the author has the right to indicate the attribution of copyright to the work. It cannot be said that the act of introducing only the content is in violation of Article 14, which infringes on the author's right to claim that it is his or her own creation.
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*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 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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