Pamphlet copyright
[Supreme Court judgment 91 도 1597 sentenced on September 10, 1991]
1. Judgment Matters
A pamphlet produced and published by the Consumer Protection Association can be a literary work.
2. Summary of judgement
A book, do you know consumers’ rights?, produced and published by the Consumer Protection Association can and should be a literary work to be protected by the Copyright Act. as far as it contains intellectual and cultural creations.
3. Judgment Reasons
Based on the record, it cannot be said that there was no violation, and then, the accused did not assume that he was engaged in the business of a consumer organization prescribed in Article 18-1-5 of the Consumer Protection Act. It cannot be said that they were only for preparation, or that they were in the stage of preparation for consumer group business.
In addition, Article 2-1 of the Copyright Act stipulates that a literary work refers to a creative work that falls within the scope of literature, academics, or art. Even if it is a publicity pamphlet, it cannot be said that it does not fall under the copyright law if it contains intellectual and cultural creations. Therefore, if the defendant steals some of them and prints and distributes them to consumers, it should be regarded as a case of infringing on the right to the above work (booklet).
*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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