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Topic: Japanese copyright law


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  Duke Japanese Studies - Subject Guides
Presented in this site are summaries of important recent constitutional, civil and commercial law cases in Japan from 1995 to the present, with citations to the publications in which they are reported.
Most of the sites are in Japanese; the site is intended for the first year law student.
The sites are classified into: Japanese Law Text, Legislation and Cases, Portal sites and Starting points for legal research, Government Sites, Academic Pages, Legal Publishers, Indexes to Legal Articles, OPACS and Bookstores.
www.lib.duke.edu /ias/eac/japan/subject/law/lawlinksonline.html   (418 words)

  
  Japanese copyright law - Wikipedia, the free encyclopedia
Japanese copyright laws consist of two parts: "Author's Rights", and "Neighboring Rights", and as such, "copyright" is a convenient collective term rather than a single concept in Japan.
Japanese copyright law protects all works "in which thoughts or sentiments are expressed in a creative way, and which falls within the literary, scientific, artistic or musical domain".
In 1997, the Japanese Copyright Law was updated to expand the coverage of the author's "right of communication to the public" (established in 1986 under the name of Rights of Broadcasting and Wire Transmission) to the stage of making it transmittable.
en.wikipedia.org /wiki/Japanese_copyright_law   (2601 words)

  
 Japanese law - Wikipedia, the free encyclopedia
Japanese law was historically heavily influenced by Chinese law and developed independently during the Edo period through texts such as Kujikata Osadamegaki, but has been largely based on the civil law of Germany since the late 19th century.
Like several other civil law states, Japan places a great emphasis on the rights of the tenant, and landlords are generally not allowed to unilaterally terminate leases without "just cause," a very narrowly construed concept.
Graduate Law schools have emerged in Japan in the last few years, and the LRTI admissions process will be altered from 2006 so that only law school graduates, or graduates in other fields who complete a preliminary examination, will be allowed to take the exam.
en.wikipedia.org /wiki/Japanese_law   (1634 words)

  
 Japanese copyright law: Facts and details from Encyclopedia Topic   (Site not responding. Last check: 2007-10-16)
A copyright is a form of intellectual property which secures to its holder the exclusive right to produce copies of his or her works of original expression,...
Japanese copyright law protects all works "in which thoughts or sentiments are expressed in a creative way and which falls within the literary, EHandler: no quick summary.
Copyright infringement is the unauthorized use of copyrighted material in a manner that violates one of the copyright owners exclusive rights, EHandler: no quick summary.
www.absoluteastronomy.com /encyclopedia/j/ja/japanese_copyright_law.htm   (2693 words)

  
 Copyright Law   (Site not responding. Last check: 2007-10-16)
While mostly the copyright law is similar to ones in the other countries, there are some subtle differences.
Because there is no concept of public domain in Japan's copyright law, even though the materials are claimed public domain, there can be some restrictions.
Because there is no concept of public domain in Japan's copyright law, even though the materials are claimed public domain, there can be some restrictions such as about commercial use, which has a conflict with GFDL.
www.wwwtln.com /finance/53/copyright-law.html   (465 words)

  
 Chapter 8: Intellectual Property
Copyright in the United States comprises a bundle of five rights, which may be further subdivided or separately licensed by their owner: reproduction, preparation of derivative works, distribution, performance and display.
Japanese moral rights (jinkakuken) are also more extensive, including the right to edit subsequent publications of a work, terminate a right of publication under certain conditions and prevent use of a work in conflict with the author's beliefs.
In this chapter, the usual copyright distinction is made between the author of a work (its creator) and an owner of the copyright in a work (a party having the ability to enforce certain rights).
www.wtec.org /loyola/digilibs/08_03.htm   (3164 words)

  
 Internet Law and Policy Forum - Events
Second, TP designates the law of the country where the protection is sought as the applicable law to the infringement suit.
As far as the law of A defines the scope of territorial application of the law A, the law A is independent from others.
Article 5 (2) of the Berne Convention designates the law of the country where the protection is sought to be applied to consider the copyrightability and scope of protection of a work.
www.ilpf.org /events/jurisdiction2/presentations/koizumi_pr   (1612 words)

  
 Copyright
Copyright is a right granted by the government to authors of works that can be published, such as writing, images, music, and video.
Copyright law in the United States is well defined and has within it the concept of fair use.
The U.S. Copyright Office, a part of the Library of Congress, is charged with overseeing copyrights and issuing registrations as well as a summary of the DMCA.
derrel.net /exp/copyright/copyright.htm   (902 words)

  
 Copyright for Beginners
The protection and people's awareness of copyright are said to reflect the degree of cultural development of the country, and therefore, copyright systems should be understood by a wide range of people.
Some countries with a lower level of copyright protection require "fixation" in a tangible medium to be protected as a work, however, under the Japanese Copyright Law it is not required, and therefore, "live" works are also protected automatically, which is extremely important in the broadband age.
Based on the relevant provisions in the Copyright Law, performers and phonogram producers are granted the remuneration right to receive fees when commercial phonograms (fixing their performances or phonograms) are directly used in broadcasting or wire diffusion.
www.cric.or.jp /cric_e/beginner/begin.html   (6104 words)

  
 Sensei's Library: Japanese copyright law
Charles Matthews We might be able to figure here what the Japanese Copyright Acts of 1899 and 1970 actually say.
I would hate to think SL would be governed by the most strict copyright laws in the world....
Rakshasa: I don't know much about German copyright law but i don't think it's anywhere near the strictest in the worlds as the above comment suggests.
senseis.xmp.net /?JapaneseCopyrightLaw   (864 words)

  
 Lenz Blog: Go Game Records
Handa, who is President of Aoyama Gakuin University, a professor at the Faculty of Law, and a specialist on copyright.
However, there is no case law on this question yet, and the Japanese copyright law is ambiguous.
If that is so, and the law is ambiguous right now, I think at the least a clarifying amendment of the copyright law would be necessary to extend copyright protection to Go game records.
k.lenz.name /LB/archives/000240.html   (270 words)

  
 COPYRIGHT LAW OF JAPAN
(iii) where the ownership of copyright in his cinematographic work belongs to the maker in accordance with the provision of Article 29: the offering to and the making available to the public of the work by exercising the copyright therein.
(1) Copyright in a cinematographic work, to which the provisions of Article 15, paragraph (1), the next paragraph and paragraph (3) of this Article are not applicable, shall belong to the maker of that work, provided that the authors of the work have undertaken to participate in the making thereof.
For the purpose of reporting current events by means of photography, cinematography, broadcasting or otherwise, it shall be permissible to reproduce and exploit a work involved in the event or a work seen or heard in the course of the event, to the extent justified by the informatory purpose.
www.cric.or.jp /cric_e/clj/cl2_1.html   (3343 words)

  
 E Law: Reverse Engineering in Japan and the Global Trend Towards Interoperability
Since copyright is about the protection of an expression of an idea as opposed to the idea itself, and decompilation is necessary to gain access to these non-protected elements in the programme, it can be argued that the copying of the object code is done as a "special case".
This Japanese decision can be seen as affirming that if one uses decompiling to create a program or published work that is substantially similar in expression to the original program, the use of decompiling does not change the fact that copyright in the program is infringed.
The implementation of this law should be in the form of a specific fair use exception, thus reconciling decompiling with copyright doctrine.
www.murdoch.edu.au /elaw/issues/v4n2/mishra42.html   (5359 words)

  
 Japanese Copyright Law Development
The Japanese Act has moral right provisions in Articles 18 to 20, which are the right of making the work public, right of determining the indication of the author’s name, and the right of preserving the integrity of the work.
I think it is good in the copyright context, but we may need to seek other ways of protecting a mass of data in digital form from copying as is accomplished by the EU database directive’s sui generis right.
The Japanese Court cannot enlarge the scope of the “quotation” provision to allow for the existence of parody, since parody is something different from “quotation” set forth in Article 32.
www.softic.or.jp /en/articles/fordham_sugiyama.html   (2069 words)

  
 The Challenge of P2P - IS296A-2 » japanese copyright law civil remedies - efficient breach?   (Site not responding. Last check: 2007-10-16)
According to Mehra’s article, there seem to a number of large differences between copyright law in Japan and in the United States, not least among these the economics of civil damages.
The statutory damage structure of US copyright law is very hostile to breaches; it is hard to imagine how one could be efficient.
It is almost as though at some level, the court’s only problem with File Rogue was that the owners of the copyrighted works were not getting paid; it seems there was much less concern than in US law regarding right to control distribution.
groups.sims.berkeley.edu /pam-p2p/index.php?p=106   (441 words)

  
 Japanese Copyright Law. Writings in Honour of Gerhard Schrikker - Wolters Kluwer Law & Business | Aspen Publishers
In all major industrialised countries, copyright law has fundmentally changed in the last 15 years due to the digital age, the TRIPS Agreement and the WIPO Copyright Treaties.
The book is written by a number of leading Japanese and Max Planck academics, and Japanese practitioners, and thus combines practical knowledge with academic standards.
The book is a must for all copyright owners concerned about their rights in Japan, and for private practitioners counselling their clients on potential strategies of marketing copyright material and enforcing copyrights in the Japanese market.
www.aspenpublishers.com /Product.asp?catalog%5Fname=Aspen&category%5Fname=&product%5Fid=9041123938   (249 words)

  
 Lenz Blog: Japanese Copyright Law Reform
A law changing the Japanese copyright law has been enacted in June.
Now a detailed explanation of the main points of this reform has been published on the site of the Japanese Agency for Cultural Affairs (Bunkacho).
The fair use limitation for educational purposes (Articles 33 to 36 Japanese copyright law) is extended in several ways: Students in computer classes can make copies themselves.
k.lenz.name /LB/archives/000574.html   (196 words)

  
 Fan Distribution, Copyright, and the Explosive Growth of Japanese Animation
Japanese animation has grown to be a powerhouse in the world of alternative entertainment.
C/FO members were interested in the Japanese science fiction cartoons that were not being shown in Los Angeles television, and it was a fortunate coincidence for the fans that both the United States and Japan used the NTSC system for broadcast, so that video tapes could be played in both countries.
Japanese companies began to comply more readily, and several American companies [i.e., all of them] knew they were not going to have a finished product by the time the convention rolled around, so this would be a great way to pre-sell or pre-market them.
www-swiss.ai.mit.edu /6.805/student-papers/fall03-papers/Progress_Against_the_Law.html   (13447 words)

  
 ipedia.com: Japanese law Article   (Site not responding. Last check: 2007-10-16)
Japanese law was historically heavily influenced by Chinese law, but has been largely based on the civil law of Germany since the late 19th century.
Laws originate in the Diet of Japan with the rubber-stamp approval of the Emperor.
Japanese government agencies have very limited regulatory power in the absence of Diet legislation.
www.ipedia.com /japanese_law.html   (991 words)

  
 Anime News Network - Legality of Fansubs   (Site not responding. Last check: 2007-10-16)
The Japanese copyright system is cleaner and more straightforward as to what is permitted by law than the archaic American copyright law.
American copyright law goes on to state that if a work is first produced in a country that the US government does not recognize via a treaty, within 30 days after the product first enters another country (such as Japan or the US), the product is considered protected.
The US copyright law makes reference to the Berne Convention, which is one of several international treaties that allow for countries to protect their copyrights in other regions of the world.
www.animenewsnetwork.com /feature.php?id=144   (2520 words)

  
 Japan - Copyright Law Amended
The Japanese Copyright Law has been amended so as to comply with the WIPO Copyright Treaty (see our July 1997 Newsletter N.S.) and to make some other changes.
With effect from October 1, 1999, unauthorized removal of copyright protection means or rights management information (including electronic watermarks and signatures) became criminal offenses as did unauthorized modification of rights management information.
Furthermore authors will be given additional rights to control distribution and display of works covered by copyright and in the case of distribution rights such additional rights will apply to performers and phonogram producers as well.
www.ladas.com /BULLETINS/2000/0600Bulletin/Japan_CopyrightLawAmended.html   (194 words)

  
 Copyright law - GPLv3 Wiki
This page discusses variations in copyright law in different jurisdictions around the world, paying special attention to portions which may affect the applicability or scope of the GPL.
The treaty also states that copyright lasts for the duration of the author's life plus at least 50 years.
Danish Copyright law (in English), including EUCD implementation, but changed by the IP Enforcement directive since this text Offical current Danish text
gplv3.fsf.org /wiki/index.php/Copyright_law   (223 words)

  
 PHOSITA® : SO LONG, FAREWELL... Japanese customs
Japanese customs officials turned away a boatload of televisions shipped from China.
The custom officials actions were authorized under an April 2003 revision to Japanese copyright law.
In patent law, PHOSITA is a mythical person of ordinary skill in the art.
www.okpatents.com /phosita/archives/2004/02/so_long_farewel.html   (288 words)

  
 Basic Courses
The Basic Courses not only address virtually all fields of IP law, such as patent, copyright, trademark, and design law, but also the immensely important topics of jurisdiction and conflict of laws, European law, and competition law.
Principles applied to determine the competence of courts and the applicable law under EU and U.S. law, with a focus on IP conflicts; problems arising in the EU under the Brussels Regulation; the specific relevance of jurisdiction matters and conflict of laws in the digital environment; and harmonization prospects.
Introduction to special features of U.S. and Japanese copyright law, as well as copyright law in other selected countries or regions; a detailed study of the international Conventions in the field of copyright and neighboring rights; prospects for further international harmonization, including specific matters of jurisdiction and conflict of laws.
www.miplc.de /llm/structure/basic   (471 words)

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