TITLE	Supreme Court Decision 2013Da56167 Decided April 28, 2016 ¡¼Affirmation of Non-Existence of Neighboring Rights¡½ [full Text]
Summary
[1] Whether a person who recorded an original musical work in a material form can be deemed the author or creator of a new work, separate from the author or creator of an original work, under the former Copyright Act (wholly amended by Act No. 3916, Dec. 31, 1986) (affirmative) Meaning of ¡°author or creator of a sound recording¡± under the former Copyright Act, and whether a person can be regarded as such just by realistically and functionally contributing to producing a record, i.e., performing on stage (playing an instrument, singing, etc.) or conducting, directing, etc. a stage performance (negative) [2] Regarding the issue of whether to acknowledge a copyright owner¡¯s right of transmission and right to lease, the case holding that only the former is acknowledged as to recorded music released prior to the enforcement of the former Copyright Act (wholly amended by Act No. 3916, Dec. 31, 1986)

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