Reconsideration of the Limitation in Copyright Law

8/14/2019 Reconsideration of the Limitation in Copyright Law

1/14

Khmer SeminarJune 20, 2008

Reconsideration of the Limitation inPossibility of a Japanese Version of Fair Use Doctrine

Prof. UENO TatsuhiroAssociate Professor

Rikkyo University Graduate School of Law: . ,

Presentor: KORK Boren o era or: un


2/14

i :Introduction

- o a ue

II- Conventional Theories: Strict InterpretationIII- Problems of the Strict Interpretation

A- Theoretical Problems

B- Practical ProblemsIV- Roads towards solutions

A- Interpretation Theories-

Questions for Discussion


3/14

Copyright Exclusive Rights Vs. Limitation- Exclusive Rights:

* Economic Rights (Reproduction, Adaptation, Communicationo or s o e u c* Moral Rights (Disclosure, Paternity, Integrity)

- m a on:* Inherent Limits of Copyright (Fixed Term of Protection,, ,

Exhaustion of Rights)

* Limitation to Exclusive Ri hts (Exemptions, CompulsoryLicenses, Mandatory Collective Administration of Authors Rights)

.


4/14

I- Point at Issue:- Structure of Provisions on Limitation toCopyright in the Law of Japan (List-downStyle):* Articles 30 to 49: Limitation to Economic Rights* Articles 18 2-4 19 2.3 20 2 : Limitation to MoralRights

- Conventional Theories Precedents: StrictInterpretation

- Sol tions needed in both inter retationtheories and legislation theories


5/14

II- Conventional Theories:- Authors Protection primarily emphasized-

grand principle of Author s Protection-

Limitation to Economic Rights-

Limitation to Moral Rights (eg. Right toInte rit


6/14

III- Problems of the StrictInterpretation

-- Background of strict interpretation: Supremacy

of Authors Interests over Users Interests - Current situation:

Maturity of the Copyright System

Networks- Rights of Authors and Users recognized by the

ons u on as un amen a r g s- Calling for Adjustment of fundamental rights of

both arties


7/14

3- Problems of the Strict

B- Practical Problems:(1) Regarding Limitation to Economic Rights

a) Problems in Article 30 (Reproduction for PrivateUse)* Reproduction within the company

eo raryb) Problems in Article 31 (Reproduction in Libraries,etc.* A part of a work

* Web Archiveu c ransm ss on


8/14

III- Problems of the Strict


* Two condition-Theory

econs ruc on o requ remen s or quo a on* Parodyet- uct on

d) Problems in Article 41 (Reporting ofcurren even s


9/14


B- Practical Problems: Regar ing imitation to conomic Rig ts

(e) Problems in Article 43 (Exploitation by means ofra a o , a a a o , e c.* Musical arrangement for non-profit performance** Private adaptation not accompanied by reproduction

f Problems in Article 45 Exhibition of an artistic worksetc. by the owner of the original thereof) and Article 46

(Exploitation of an artistic works, etc. located in open


10/14



, .for other purposes)

* Net-display of photos of souvenir** Research purpose


11/14

IV- Roads towards solutions

A- Interpretation Theories - roa n erpre a on na ogyinterpretation

- Theory of substantial characteristics- Im lied authorization- Abuse of right-


12/14

IV- Roads towards solutionsB- Legislation Theories- Revising the individual provisions

- Intro ucing t e genera c ause:* Fair Use Doctrine (purpose of use, nature ofunderl in work, amount and substantialit of used

work, effect upon potential market for or value of theused work)* Fair Use and Three Ste -Test Certain s ecial case,non-conflict with normal exploitation of the work, nounreasonable prejudice on the legitimate interests ofthe authors)


13/14

Questions for discussion:

- By using this article for presentation, .CRICs copyright?

- What do you think about possibility

Use Doctrine?


14/14

THANK YOU!!Reference:

Reconsideration of the Limitation in Copyright Law

Documents

Transcript of Reconsideration of the Limitation in Copyright Law