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| TITLE | Supreme Court Decision 2014Da5333 Decided August 17, 2016【Damages, etc.】 [full Text] |
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| Summary | |
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[1] In cases where an author’s property right to a derivative work is transferred without a separate expression of intent to transfer the author’s property right to the original work, whether the latter right is transferred in tandem as a matter of course (negative), and in cases where the author’s property right to the derivative work acquired by the transferee includes the right to author a secondary derivative work based on the primary derivative work, the exercise of which entails the exploitation of the original work, whether the transferee is required either to assume the author’s property right to the original work from the copyright holder of the original work or to otherwise acquire authorization to exploit the original work (affirmative) In cases where a party with the author’s property rights to both the original and derivative works transfers the author’s property right to the derivative work, the standard of determining whether the expression of intent to transfer includes authorization to exploit the original work [2] In a case where: (a) Company A entered into a program development consignment agreement with Company B under which the latter would produce and supply a new inventory management program by modifying the existing program based on an Oracle database management operating system (OS) to run the program on a DB2-based database management OS; (b) in so doing, the two companies agreed that Company A would reserve all rights pertaining to the new program; (c) under the said agreement, Company B developed a new program using the existing program, which it supplied to Company A along with the corresponding Oracle-based source code, as well as the new program’s source code; and (d) in supplying to Company C an inventory management system exploiting the new program, Company A manufactured and sold a separate program, the OS of which had been converted from DB2 to Oracle, the case holding that Company A’s manufacture and sale of the program based on a converted OS is included in the right to adapt the new program transferred by Company B, and thus, does not constitute an infringement on Company B’s property right as author to the existing program as the original work |
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