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TITLE Supreme Court Decision 2011Do3599 Decided August 22, 2013¡¼Violation of the Copyright Act¡½ [full Text]
Summary
[1] Whether a work must maintain substantive similarity to the original in order to constitute a ¡°derivative work¡± (affirmative); and the standard for determining whether a summary of an original literary work has substantive similarities with the original
[2] In a case where Defendant Eul, CEO of Defendant Gap corporation, was indicted of violating the former Copyright Act by infringing the original copyright holder¡¯s right to create derivative works by offering online for a charge a Korean translation of an English summary of the original work (a literary work in English)¡¯s contents, the summary having been provided by foreign corporation Byung, a case affirming the judgment below that convicted Defendants
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