하코네후지야호텔(箱根富士屋ホテル) 사건

• 영문명: Case note on "Hakone Fujiya Hotel Story"(IP High Court of Japan, July 14, 2010 (ne) No.10017, 10023)
• 발행기관: 세창출판사
• 저자명: 장예영(CHANG, Yeyoung)
• 간행물 정보: 『창작과 권리』2012년 가을호 (제68호), 164~182쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.09.01

영문 초록

This is case note on "Hakone Fujiya Hotel Story", a copyright infringement case (IP High Court of Japan, July 14, 2010 (ne) No.10017, 10023). Plaintiff, a professional writer wrote a non-fiction book about historically regarded Hakone Fujiya Hotel focusing on three founders, and defendant, a prefectural governor wrote a book about the development and modernization of the Hakone area focusing on the achievements of the five people, but because of the similarity between the two books, this led the dispute to a copyright infringement lawsuit. Since two people are common in both books, 7 of the referenced books are common, and it was clear that the defendant read plaintiff's book, plaintiff argued that 15 sentences of defendant's book were infringing literally her work. Defendant denied the infringement, and therefore the case went to the court. District court of Tokyo held that the copyright infringement regarded just one sentence, but the IP High Court of Japan held that the sentence in question was a metaphorical expression, and that it was either an 'idea' or 'commonplace expression' so that this doesn't constitute copyright infringement. In this case, the court reviewed the idea-expression dichotomy and metaphorical expression, and also analyzed the distinction between 'commonplace expression' and 'creative expression', and this precedent will give significant hint to future cases.

목차

Ⅰ. 들어가며

Ⅱ. 판례의 개요

Ⅲ. 판례의 해설

Ⅳ. 마치며

참고문헌

Abstract

키워드

일본판례 후지야호텔 아이디어-표현 이분론 창작성 유사성 Japanese precedent Fujiya Hotel idea-expression dichotomy creativity similarity