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| TITLE | [Damages] Seoul Northern District Court Decision 2007Gahap5940 Decided December 30, 2008 [full Text] |
|---|---|
| Summary | |
| [1] The requirement to constitute a ""joint work"" under the Copyright Act and whether other joint authors can claim a right as joint authors under the Copyright Act where some authors among joint authors are stated as authors as to a joint work (affirmative) [2] The case holding that a cartoon completed by combination of the stories created and offered by a cartoon story author and cartoonist's drawings based on them is a joint work of cartoon story author and cartoonist [3] The meaning of the ""derivative work"" under the Copyright Act and the case where a cartoon can be seen as a derivative work with a cartoon story as an original work [4] The case holding that a cartoon story author's rights of reproduction, distribution, public transmission and preservation of the integrity were infringed in case where a cartoonist changed joint work cartoon's titles and republished and provided cartoon contents through Internet service providers without agreement of cartoon story author [5] The method of contract interpretation where it is not clear where a copyright contract is a copyright assignment contract or a license agreement [6] The case holding that it is a license agreement for publishing right of completed cartoons and not a copyright assignment contract as to cartoons, in case where a cartoon story author wrote and provided cartoon stories upon cartoonist's request and was paid lump sum in advance | |
