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TITLE Supreme Court Decision 2011Do3599 Decided August 22, 2013【Violation of the Copyright Act】 [full Text]
Summary
[1] Whether a work must maintain substantive similarity to the original in order to constitute a “derivative work” (affirmative); and the standard for determining whether a summary of an original literary work has substantive similarities with the original
[2] In a case where Defendant Eul, CEO of Defendant Gap corporation, was indicted of violating the former Copyright Act by infringing the original copyright holder’s right to create derivative works by offering online for a charge a Korean translation of an English summary of the original work (a literary work in English)’s contents, the summary having been provided by foreign corporation Byung, a case affirming the judgment below that convicted Defendants
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