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TITLE	Supreme Court Decision 2010Da87474 decided May 10, 2012 [Prohibiton of Copyright Infringement etc.][Gong2012Sang,977] [full Text]
Summary
[1] Whether entrusted lawsuit is permissible (limited affirmative) [2] In a case where Gap corporation-the Republic of Korea branch of a foreign coffee chain-purchased a CD including copyrighted musical works from Eul corporation (which signed a music service agreement with Gap's head office) and played the CD in coffee stores throughout Korea, it was decided that the Korea Music Copyright Association was merely granted with the right to permit domestic performance from the copyright holder, and does not have the standing to sue for musical works that it was not entrusted with performance rights [3] The definition of ""commercial music record"" as provided by Article 29 (2) of the Copyright Act (=commercial music record intended to be sold to the public) [4] In a case where Gap corporation-the Republic of Korea branch of a foreign coffee chain-purchased a CD including copyrighted musical works from Eul corporation (which signed a music service agreement with Gap's head office) and played the CD in coffee stores throughout Korea, it was decided that the CD does not qualify as a ""commercial music record"" as provided by Article 29 (2) of the Copyright Act, since it was not produced to be sold to the general public.

TITLE

Supreme Court Decision 2010Da87474 decided May 10, 2012 [Prohibiton of Copyright Infringement etc.][Gong2012Sang,977] [full Text]

Summary

[1] Whether entrusted lawsuit is permissible (limited affirmative) [2] In a case where Gap corporation-the Republic of Korea branch of a foreign coffee chain-purchased a CD including copyrighted musical works from Eul corporation (which signed a music service agreement with Gap's head office) and played the CD in coffee stores throughout Korea, it was decided that the Korea Music Copyright Association was merely granted with the right to permit domestic performance from the copyright holder, and does not have the standing to sue for musical works that it was not entrusted with performance rights [3] The definition of ""commercial music record"" as provided by Article 29 (2) of the Copyright Act (=commercial music record intended to be sold to the public) [4] In a case where Gap corporation-the Republic of Korea branch of a foreign coffee chain-purchased a CD including copyrighted musical works from Eul corporation (which signed a music service agreement with Gap's head office) and played the CD in coffee stores throughout Korea, it was decided that the CD does not qualify as a ""commercial music record"" as provided by Article 29 (2) of the Copyright Act, since it was not produced to be sold to the general public.

Prev	Supreme Court Decision 2010Da15660 decided May 10, 2012[Damages (Other)] [Gong2012Sang,974]
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