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| TITLE | Supreme Court Decision 2005Da44138 delivered on March 29, 2007 [full Text] |
|---|---|
| Summary | |
| [1] Comparing the translated work with the original work in order to judge whether there is actual similarity between a translated work and the original work in order to determine if a translated work violates a copyright of the original work [2] Whether expressions not protected by the Copyright Act shall be taken into consideration in judging whether a target work and a translated work have actual similarities (negative) [3] The elements required for the recognition of existence of actual similarities between a target work and a translated work on the ground of use of similar words or phrases [4] The legal nature of the exclusive right to publish a translation, and if the work written by a third party is not deemed as a translation of the original copyrighted work, whether the holder of the exclusive right to translation and publication needs to seek the suspension of infringement against that third party on behalf of the copyright holder (negative) | |
