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TITLE Supreme Court Decision 2007Da63409 Decided February 11, 2010[Prohibition of Copyright Infringement] [full Text]
Summary
[1] Whether a ""character"" can be a work protected by the Copyright Act, apart from the original work in which it appears [2] The case holding that since the creativity of a character appearing in a game is recognized, it can be subject to protection under the Copyright Act, apart from the game itself, i.e., its original work, and the issue of whether the character has been commercialized are not matters to be considered in determining protection in accordance with the Copyright Act [3] The standard for determining whether a work infringes an existing work's right to reproduction or right to produce derivative works
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