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| TITLE | Seoul Central District Court 2021GaHap588060 Decided Dec. 15, 2023: Appealed 【Compensation】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 In a case where Company A, which operates a book rental business through its website, posted a portion of the cover and interior pages of the children's books collection published by Company B, which operates a book wholesale and retail business, on its rental listings website, Company B sought damages for infringement of its intellectual property rights and trademark rights, the court held that Company A's use of the above copyrighted work by posting it on its website constitutes fair use of the work under Article 35-5 of the Copyright Act, and thus is a legitimate use of the copyrighted work that limits the intellectual property rights and therefore cannot be considered as an infringement of Company B's copyright, as the display of Company B's mark by Company A on its website while renting Company B's books functions only to inform and explain that the books for rent are published by Company B, and as it cannot be said that the mark was used as an identification mark for Company A's products, Company B's trademark rights are not infringed upon. | |
