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| TITLE | Seoul Central District Court Decision 2019Gahap548861 Decided May 12, 2022: Appeal [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 This case concerns foreign corporation A, a copyright trust management organization in the United Kingdom that has been entrusted by the authors with all public performance rights worldwide for the musical works incorporated in the film Bohemian Rhapsody, and foreign corporation B, which has been delegated by the authors the right to license the inclusion of these musical works in films and public performances of films in which these musical works are incorporated within the United States and has entered into a license agreement with another foreign corporation C, the worldwide distributor of the film. When corporation D, a domestic cinema operator, screened the film in cinemas after receiving it from C’s domestic distributor, the domestic music copyright trust management organization E, which entered into a reciprocal representation agreement with A and was thereby entrusted the public performance rights to the said musical works by A, filed a claim for damages against D, alleging that D publicly performed the musical works by screening the film in cinemas without obtaining E’s authorization for such public performance, consequently infringing the public performance rights to the musical works held by E. In light of all relevant circumstances, C appears not to have been authorized by B to publicly perform the musical works within Korea. Accordingly, D’s public performance of the musical works incorporated in the film concerned by screening the film in cinemas without obtaining E’s authorization for such public performance constituted an unlawful act infringing the public performance rights to the musical works held by E. D’s negligence in the commission of the infringing act is also established. Therefore, D is liable to compensate E for damages arising from the infringement of public performance rights. | |
