저작권 침해 소송에서 실질적 유사성 판단에 관한 연구

Abstract

Copyright infringement lawsuits determine the existence of infringement through two requirements: the subjectivity and the substantial similarity between the plaintiff and the defendant. Of the two requirements, substantial similarity is the most important criterion for determining whether an infringement exists. However, in determining the substantial similarity, copyright laws rely on theory and precedent without any stipulations. As a result, the outcome of copyright infringement depends on the judge making the ruling. This case is that the Supreme Court again denied encroachment on the part of the case that recognized as an infringement in the original. This was determined by the principle of the required scene, i.e. IDEA. And it appears that copyright infringement is denied because it is not subject to copyright protection. This paper criticizes the criterion of substantial similarity judged by the target judgment. They argue that the elements of a dramatic work should be determined by listing ideas, relationships, composition, or by aggregating the common ideas that exist between the two works.