| 제목 | 한국 저작권 판례집[13] | ||
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| 담당부서 | 조사분석팀 | 등록일 | 2011-12-15 |
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ㅇ 발간부서 : 조사분석팀 ㅇ 발행년도 : 2011년 ㅇ 총페이지 : 582 p ※ 자료문의 : 조사분석팀(02-2660-0084) ■ 발 간 사 ■ 일러두기 1. 등대도안의 건축저작물성과 저작권 침해 여부 - 해운대 등대 사건 ···········································································13 서울고등법원 2008. 10. 29. 판결 2008나4461【손해배상(기)】···········15 서울중앙지법 2007. 11. 29. 판결 2007가합77724【손해배상(기)】······27 2. TV프로그램 녹화대행 서비스의 복제권？전송권 침해 여부 - 엔탈 사건 ·······················································································42 서울고등법원 2009. 4. 30. 판결 2008나86722【서비스금지등】·········43 서울중앙지법 2008. 7. 10. 판결 2008가합25126【서비스금지등】·······51 3. 위성방송 수신카드의 무단제조와 기술적 보호조치 위반 여부 ········61 대법원 2009. 10. 29. 판결 2007도10735 【정보통신망이용촉진및정보보호등에관한법률위반？저작권법위반】····62 4. 음악저작물에의 링크 서비스 제공과 전송권 침해 여부 ·················68 대법원 2009. 11. 26. 판결 2008다77405【손해배상(기)】····················· 69 5. 공동저작물의 성립 여부 - 해양정책학 사건 ··································73 대법원 2009. 12. 10. 판결 2007도7181【무고？저작권법위반】············74 부산지법 2007. 8. 10. 판결 2006노1【무고？저작권법위반】················77 6. 교과서 편집 디자인의 응용미술저작물 해당 여부 ··························96 서울중앙지법 2010. 1. 13. 결정 2009카합3104 【저작권침해금지가처분】····································································98 7. 컴퓨터프로그램의 업무상저작물 성립요건인 ‘법인 등의 기획’의 의미 ··································································104 대법원 2010. 1. 14. 판결 2007다61168 【영업비밀침해행위금지등】······························································105 서울고등법원 2007. 7. 18. 판결 2006나58921 【영업비밀침해행위금지등】·······························································109 8. 드라마 캐릭터를 모방한 인형의 저작권 침해 여부 - 헬로키티？겨울연가 사건 ····························································124 서울고등법원 2010. 1. 14 판결 2009나4116【손해배상(기)】·············128 9. 게임물 캐릭터의 실질적 유사성 판단 - 게임 ‘신야구’ 사건 ·······154 대법원 2010. 2. 11. 판결 2007다63409【저작권침해금지】················156 서울고등법원 2007. 8. 22. 판결 2006나72392【저작권침해금지】····160 10. 사진저작물에의 인터넷 링크의 전송권 침해 여부 ······················172 대법원 2010. 3. 11. 판결 2009다4343【손해배상(지)】····················174 서울고등법원 2008. 11. 19. 판결 2008나35779【손해배상(지)】······184 11. 리메이크 노래 제작과 원실연자의 저작인접권 침해 여부 ··········203 서울중앙지법 2010. 4. 9. 판결 2009가합66124【손해배상】············204 12. 지도의 저작물성 인정 여부 - 오니온맵 사건 ····························211 대법원 2010. 4. 15. 판결 2009도14298【저작권법위반】·················213 13. 도자기 꽃잎 문양의 실질적 유사성 판단 - 포트메리온 사건 ····216 서울고등법원 2010. 6. 23. 판결 2009나117425【상표사용금지등】···217 서울중앙지법 2009. 11. 5. 판결 2007가합83132【상표사용금지등】···236 14. 외국 출판사의 허락에 따른 번역출판의 저작권 침해 여부 - 책 ‘살아있는 동안 꼭 해야 할 49가지’ 사건 ··························245 서울고등법원 2010. 7. 1. 판결 2008나68090【저작권침해금지등】··246 15. 포털사이트 광고 방해와 인터넷 사이트의 동일성유지권 침해 여부 ································································269 대법원 2010. 8. 25. 결정 2008마1541【가처분이의】·······················271 16. 수험서 내용의 무단 이용과 복제권 및 공연권 침해 여부 ··········278 서울중앙지법 2010. 7. 23. 판결 2008나40136【손해배상(지)】·······281 서울중앙지법 2008. 10. 31. 판결 2006가단53427【손해배상(지)】···291 17. 교과서 출판사의 내용 수정과 동일성유지권 침해 여부 - 금성출판사 역사교과서 사건 ·····················································301 서울고등법원 2010. 8. 25 판결 2009나92144 【저작인격권 침해정지】··································································302 서울중앙지법 2009. 9. 2. 판결 2009가합7071 【저작인격권 침해정지】··································································310 18. 상표 도안의 저작물성 인정 여부 - 청바지 에비수 갈매기 문양사건 ···············································322 서울고등법원 2010. 8. 26 판결 2009나122304 【저작권침해금지등】······································································324 서울중앙지법 2009. 10. 29. 판결 2008가합117810 【저작권침해금지등】·······································································343 19. 매장 전용 CD가 판매용 음반에 해당하는지 여부 - 스타벅스 사건 ············································································363 서울고등법원 2010. 9. 9. 판결 2009나53224【침해금지등】···········365 20. 복제？전송 중단 요구자의 주의의무 범위 - 손담비 ‘미쳤어’ 어린이 동영상 사건 ·······································375 서울고등법원 2010. 10. 13. 판결 2010나35260【손해배상(기)】·····377 서울남부지법 2010. 2. 18. 판결 2009가합18800【손해배상(기)】·····397 21. 4괘 형상의 저작물성 및 실질적 유사성 판단 ·····························412 대법원 2010. 11. 11. 판결 2009다16742【손해배상(기)】·················412 22. 수술 장면 및 환부 촬영 사진의 저작물성 인정 여부 - ‘고주파수술기’ 사건 ···································································415 대법원 2010. 12. 23. 판결 2008다44542【저작권침해금지등】·······416 서울고등법원 2008. 5. 14. 판결 2006나21479 【저작권침해금지등】······································································422 23. 음악저작물의 통화연결음 이용과 대가 산정 기준 ····················447 서울고등법원 2011. 1. 13. 판결 2010나48266 【저작권사용료지급】······································································448 서울중앙지법 2010. 4. 28. 판결 2009가합78097 【저작권사용료지급】······································································452 24. 특수한 유형의 OSP의 기술적인 조치 관련 규정의 위헌 여부 - 소리바다 및 인터넷 빛고을 헌법소원 사건 ·····························467 헌법재판소 2011. 2. 24. 결정 2009헌바 13？52？110 (병합) 【저작권법 제104조 등 위헌소원】··················································468 25. 삼베질감 기법의 저작물성 인정 여부 - 색동벽화 사건 ············493 서울고등법원 2011. 4. 13. 판결 2009나111823【손해배상】············495 서울중앙지법 2009. 10. 22. 판결 2009가합17689【손해배상】·······498 26. 음악저작물의 표절 여부 - 씨앤블루 ‘외톨이야’ 사건 ····················502 서울중앙지법 2011. 4. 13. 판결 2010가단86875【손해배상(기)】·····503 27. 컴퓨터프로그램 저작물의 창작성 판단 기준 - 티맥스 사건 ················································································510 대법원 2011. 6. 9. 판결 2009다52304 【컴퓨터프로그램복제등 금지】·························································512 서울고등법원 2009. 5. 27 판결 2006나113835,113842(병합) 【컴퓨터프로그램복제등 금지】························································518 28. 지상파 방송의 유선방송 재송신과 동시중계방송권 침해 여부 ·······················································································542 서울고등법원 2011. 7. 20. 판결 2010나97688 【저작권등침해정지및예방】································································543 서울중앙지법 2010. 9. 8. 판결 2009가합132731 【저작권등침해정지및예방】·································································562 판례 색인 ······························································································581 |
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