Although the program in dispute is of a news or report genre, provided that the program could not be created without plaintiff’s theme selection, photo shooting, recording, videotaping, image processing, editing and other original productions, it reveals the originality and uniqueness of the work, and is not meant to simply convey actual news report information. According to Article 3 paragraph 1 subparagraph 10 of the Copyright Act, “Public transmission” is to make available or communicate to the public the content of a work through sounds or images by wire or wireless network, or through other means of communication, including enabling the public to receive the content of such work by any of the above means at a time or place individually chosen by them. Besides, from the legislative point of view of Article 26-1 of the Copyright Act, “Public transmission” consists of enabling customers to receive the content of a work in their desired time or location from the internet. Whereas “Public broadcasting” features communicating to the public the content of a work through sounds or images by means of transmission of information by a broadcasting system of wire, wireless, or other equipment, where such communication is for the purpose of direct listening reception or viewing reception by the public, which the customers are positioned passively without choosing when and where to receive the work. The two concepts shall not be confused.

Public Transmission, Public Broadcasting, Originality