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TITLE Supreme Court Decision 2017Da212095 Decided June 27, 2019 ¡¼Claim for Prohibition of Copyright Infringement¡½ [full Text]
Summary
[1] Meaning of ¡°creativity,¡± the requirement for ¡°work¡± prescribed in Article 2 Subparag. 1 of the Copyright Act, and matters to be considered in determining the creativity of game copyrighted works
[2] Subject of copyright protection, and standard of determining whether there exists substantial similarity between two copyrighted works
[3] In the case where Foreign Company A (¡°Company A¡±) that launched a match-3 mobile game filed a claim for prohibition of copyright infringement against Limited Company B (¡°Company B¡±) on the grounds that the mobile game produced by Company B infringed upon Company A¡¯s copyright, the case holding as follows: (a) Company A¡¯s game works are entitled to copyright protection, for it has a creative identity that differentiates the said works from prior game works; (b) Company B¡¯s game works had a semblance of creative expression with Company A¡¯s game works, rendering the two substantially similar; (c) nevertheless, the lower court determined otherwise, and in so determining, it misapprehended the relevant legal doctrines
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