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TITLE Supreme Court Decision 2010Da1272 Decided July 12, 2012[Royalty] [full Text]
Summary
[1] In a case where Gap requested termination of trust relationship with Eul Association (to whom the plaintiff entrusted copyrights of his musical work) because Byung et al partially changed Gap's musical work, and produced and released CDs and music videos containing the changed musical work without Gap's consent, which caused Gap to request Eul to disallow the use of the song, and also take legal measures (such as prohibiting broadcast) yet Eul neglected to take legal measures; the judgment below - which perceived that the grounds for canceling a trust agreement between Gap and Eul occurred - was justified by the court [2] Whether an agreement clause - in a trust relationship where the trustee enjoys the entire trust beneficiaries - which excludes the truster's termination rights without sufficient grounds is legitimate (=null and void) [3] In a case where singer songwriter Gap and Eul Association - a copyright trust management business - signed a trust management agreement where Eul will manage copyright of Gap's musical work; the agreement clause ""the truster may not cancel the trust agreement without the trustee's consent"" was deemed null and void, as the clause contradicts the principle of good faith and therefore unfair [4] In a case where the trust relationship of a copyright trust management agreement is terminated by the truster's termination request; whether the trustee still has the authority and obligation to manage the trust property until it is transferred to the truster (affirmative in principle) and whether the trustee is burdened with settlement obligations (negative in principle)
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