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TITLE [Damages]Supreme Court Decision 2006Da21002 Delivered on December 22, 2006 [full Text]
Summary
[1] In order for a phonogram producer to reproduce and distribute the phonogram closely related to the copyrighted item, whether the phonogram producer should secure a permit to use from the property copyright owner of the work contained in the phonogram (affirmative) [2] The method of interpreting the scope of a use permit contained in the contract that permits use of the musical work [3] The case holding that the phonogram producer may produce and sell the edited phonogram by reproducing the master tape initially produced with the permit of using the musical works from a writer and a composer [4] The case holding that the production of an edited phonogram did not go beyond the scope of the use permit of the original song, even if part of the original song was omitted while new songs and other songs selected from various master tapes were loaded on the edited phonogram [5] Whether the person trusted with a copyright of the musical work without any special agreement providing for an editing right for an edited work can claim for damages for the reason that the right to make an edited work was violated (negative)
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