Author's name not indicated
[Supreme Court's decision of 88 Taka 29269 sentenced on October 24, 1989]
1. Judgment Matters
In the case of a claim for compensation for property damage and mental damage, the court is obligated to specify the amount of claim and to compensate for mental damage if the author's name is not indicated or the work is copied without the author’s name. Whether or not the author's name is falsely displayed in textbooks for educational policy purposes, whether the claim is right or not, is a legitimate reason for infringing attribution rights. In addition, it was discussed whether or not a claim for compensation for mental damage of an author whose reputation was not infringed but the right to change the work was infringed.
2. Summary of Judgment
Since a claim for compensation for property damage and a claim for compensation for mental damage are separate claims for distributing the litigation, the party to the lawsuit must specify the amount and make a claim for each by revealing the details. Because the author has the right to indicate his or her real name or a pseudonym in the publication of the original work, copy, or work based on the moral right of the author, omitting the author’s name or using a fictitious name without the author's consent to reproduce the work without permission is considered to be an infringement. A person may claim compensation for mental damage caused by the infringement of the right of attribution. The author has the right to change the content and form of the work, and this means that the author has the right to maintain the identity and identicality of the work based on personal rights with respect to the work. On the other hand, the meaning of Article 16, which stipulates the so-called right to originality, is that the author is entitled to compensation for damages in accordance with the provisions of Articles 62, 63, and 764 of the Copyright Act for those who have damaged their honor and reputation by making changes to the work. An author who has been infringed on his or her reputation and reputation can claim compensation for mental injury even if the right to maintain the identicality of the work is not infringed.
*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 Mungak Park) 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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*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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