판례평석: 만화의 저자권 침해와 구제

Title
판례평석: 만화의 저자권 침해와 구제
Authors
박익환
Keywords
법학연구, 판례평석, 만화, 저작권
Issue Date
2003
Publisher
인하대학교 법학연구소
Series/Report no.
법학연구제6집7-30 pp.
Abstract
In order to prove copyright Infringement a copyright holder
must show ownership of valid copyright and copying of
copyrightalble work. The copying is rarely proved by direct
proof. Instead, indirect evidences, i.e. 'access' and 'substantial
similarity', are usually required. A typical showing of access
should be a mixture of defendant(alleged infringer)'s reasonable
opportynity to contact plaintiff(copyright holder)'s work and
similarity between works which does not show defendant to
create independently. The substantial similarity is established
by comparison of original expressions in plaintiff's work. To
give much more persuasiveness the substantial similarity should
be dealt with differently from the remarkable similarity in
copying.

This year, the Seoul High Court reversed the decision of the
Seoul District Court about Comic's copyright Infringement. The
decision is establishing factors which provide comic book with
copyright protection. In showing copying, the appellate court
basically seems to follow precedent cases. In applying the 'lost
profits test', the decision advances damage more favorably to
copyright holder. The special clause in the Korean patent act is
here interpreted by analogy. This case is waiting for the
supreme court's review. This note examines some respects to
challenge reasons and persuasiveness of the appellate decision.
The commentator critisizes unclear reasoning between the
probative similarity in copying and the substantial similarity.
And the damage can be controversial in analog interpretation
and computation of lost profits.
URI
http://dspace.inha.ac.kr/handle/10505/607
Appears in Collections:
연구기관 > 법학연구소 > 법학연구(法學硏究)
Files in This Item:
법학연구6_7-30.pdfDownload

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