Can I file a copyright lawsuit against the other party?

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I'm asking because I heard the two-strikes system in the Yoon Chang-ho Act is unconstitutional. With the unconstitutionality ruling on the Yoon Chang-ho Act that aggravated punishment for those who refused breathalyzer tests again or drove drunk, have the standards for second DUI punishment changed? I'm a repeat offender, but at 0.04% BAC, it's not very high. My first offense was 3 years ago, which makes me a bit anxious. What are the punishment standards?

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作者: 고병준

Hello. The theatrical work you inquired about is considered a literary work under the Copyright Act, and copyright is automatically generated the moment the work is created.

If the creative expression such as the development and dialogue of the work has originality and uniqueness, and if it has been reproduced without permission or substantially imitated, the possibility of copyright infringement is high.

According to Article 136 of the Copyright Act, copyright infringement with habitual or commercial purposes is subject to criminal punishment, and the level of punishment is imprisonment of up to 5 years or a fine of up to 50 million won.

In the case of plagiarism, if commercial use or infringement of the original copyright holder's rights is recognized, both civil and criminal liability arise, so you can claim damages through a copyright lawsuit in addition to criminal punishment.

If the similarity of the two works is to the extent that surrounding colleagues recognize it, it can be judged as a situation where the possibility of copyright infringement can be sufficiently considered through more thorough review.

If you wish to take legal action, you can request correction by sending a content-certified mail and other necessary procedures, and if it is not corrected, you can proceed with a copyright lawsuit and damages claim lawsuit.

Specific response strategies may vary depending on the situation, so it is desirable to consult with a specialized attorney to prepare for step-by-step responses.

It would be good to consult with an attorney by gathering objective evidence that can substantially prove similarity, such as similar parts of the two scripts and the chronological order of creation based on performance records.

Daeryun Law Firm has attorneys with extensive experience in copyright fields who provide procedural assistance to protect rights such as copyright lawsuits.

If you wish to protect your rights through a copyright lawsuit, please gather as much physical evidence as possible and seek the advice of a specialized intellectual property attorney to respond.