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TITLE Supreme Court Decision 2009Do291 Decided February 10, 2011 [Violation of the Copyright Act] [full Text]
Summary
[1] The meaning of ""creativity"" as the element of a ""work,"" as defined under Article 2 subparagraph 1 of the former Copyright Act [2] Criteria to determine creativity for a ""map"" or ""compilation work"" [3] The scope of a copyright protection, and criteria to determine ""actual similarity"" between two ""works"" [4] In regard to facts charged against the defendant, that he had infringed the copyright of the aggrieved party Gap by issuing and distributing a travel guide merely by rearranging the content and changing some words contained in the aggrieved party's travel guide, the case affirming the verdict of the court below and finding the defendant not guilty on the grounds that the two travel guides share no actual similarities
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