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{{Orphan|date=March 2011}}
{{Orphan|date=March 2011}}


==Definition of the Right to Make Transmittable under the Copyright Act of Japan==
The Right to Make Transmittable is one of several rights granted to the creators of creative works by [[Japanese copyright law]]
⚫
The law defines copyright not as a single comprehensive right but as a bundle of various rights including right of reproduction, right of performance, right of screen presentation and right of public transmission.
'''1. Right to Make Transmittable as a Right Constituting Copyright of Authors'''


==Overview==
⚫
The [[Copyright]] Act of Japan defines copyright not as a single comprehensive right but as a bundle of various rigths including right of reproduction, right of performance, right of screen presentation and right of public transmission. The right to make transmittable is one of such rights that constitutes copyright.
The right to make transmittable is the right to make works transmittable by some technical measures including uploading the works such as cinematographic works including TV programs and films on internet. The right was newly established by the amendment to the Copyright Act of Japan in 1997.


⚫
Article 23, Paragraph 1 of the Copyright Act of Japan provides that the author shall have the [[Exclusive right|exclusive right]] to effect a public transmission of his work (including, in the case of automatic public transmission, making his work transmittable). The provision makes it clear that the right to make transmittable as well as the right of public transmission, the right to transmit by wireless communications or wire-telecommunications that had already been protected before the amendment, shall be exclusively attributed to the author. To make transmittable is to record or input information on public server which is connectred to the network provided for use by the public or to connect such public server that stores such information to internet. This right is commonly called the right to upload but in fact, it is broader concept than simply to upload.<ref>NOBUHIRO NAKAYAMA, COPYRIGHT LAW 221 (2008) (Japan)</ref>
'''2. Definition of the Right to Make Transmittable'''

⚫
Right to make transmittable is the right to make works transmittable by some technical measures including uploading the works such as cinematographic works including TV programs and films on internet. It constitutes the copyright provided in the Copyright Act of Japan. The right was newly established by the amendment to the Copyright Act of Japan in 1997. Article 23, Paragraph 1 of the Copyright Act of Japan provides that the author shall have the [[Exclusive right|exclusive right]] to effect a public transmission of his work (including, in the case of automatic public transmission, making his work transmittable). The provision makes it clear that the right to make transmittable as well as the right of public transmission, the right to transmit by wireless communications or wire-telecommunications that had already been protected before the amendment, shall be exclusively attributed to the author. To make transmittable is to record or input information on public transmission server which is connectred to the network provided for use by the public or to connect such public transmission server that store such information to internet. This right is commonly called the right to upload but in fact, it is broader concept than simply to upload.<ref>NOBUHIRO NAKAYAMA, COPYRIGHT LAW 221 (2008) (Japan)</ref>


==Attribution of the Right to Make Transmittable==
==Attribution of the Right to Make Transmittable==
Line 17: Line 16:
'''(1) Attribution to Authors'''
'''(1) Attribution to Authors'''


As mentioned above, authors shall have the exclusive right to make transmittable.
As mentioned above, authors shall have the exclusive right to publicly transmit their work.


'''(2) Who are the "Authors"?'''
'''(2) Who are the "Authors"?'''
Line 31: Line 30:
With respect to a work (except a [[Computer program|computer program]] work) which on the initiative of an employer is made by an employee in the course of the performance of his duties in connection with the employer's business and is made public by the employer as a work under its own name, such employer shall be treated as the author unless otherwise stipulated by contract, work regulations or the like at the time of creation of the work.<ref>Copyright Act art. 15, para. 1 (Japan).</ref>
With respect to a work (except a [[Computer program|computer program]] work) which on the initiative of an employer is made by an employee in the course of the performance of his duties in connection with the employer's business and is made public by the employer as a work under its own name, such employer shall be treated as the author unless otherwise stipulated by contract, work regulations or the like at the time of creation of the work.<ref>Copyright Act art. 15, para. 1 (Japan).</ref>


With respect to computer program work which, on the initiative of an employer is made by an employee in the course of his duties in connection with the employer's business,such employer shall be treated as the author unless otherwise stipulated by contract, work regulations or the like at the time of creation of the work.<ref>Copyright Act art. 29, para. 1, Item 10 (Japan).</ref>
With respect to computer code which, on the initiative of an employer is made by an employee in the course of his duties in connection with the employer's business, such employer shall be treated as the author unless otherwise stipulated by contract, work regulations or the like at the time of creation of the work.<ref>Copyright Act art. 29, para. 1, Item 10 (Japan).</ref>


'''(C) Exception (2) - Cinematographic Work'''
'''(C) Exception (2) - Cinematographic Work'''


With respect to a [[Cinematography|cinematographic]] work, basically, the authors is a person who, by taking charge of producing, directing, filming, art direction, etc., have creatively contributed to the creation of such cinematographic work as a whole.<ref>Copyright Act art. 10 (Japan).</ref> However, in the case where such author of the cinematographic work has undertaken to participate in the making of the cinematographic work, the maker of said cinematographic work, the person who takes the initiative in, and the responsibility for the making of the cinematographic work shall be treated as the author.<ref>Copyright Act art. 29, para. 1(Japan); Copyright Act art. 2, para. 1, Item 10(Japan)</ref>
With respect to a [[Cinematography|cinematographic]] work, basically, the authors is a person who, by taking charge of producing, directing, filming, art direction, etc., has creatively contributed to the creation of such cinematographic work as a whole.<ref>Copyright Act Article 10 (Japan).</ref> However, in the case where such author of the cinematographic work has undertaken to participate in the making of the cinematographic work, the maker of said cinematographic work, the person who takes the initiative in, and the responsibility for the making of the cinematographic work shall be treated as the author.<ref>Copyright Act art. 29, para. 1(Japan); Copyright Act art. 2, para. 1, Item 10(Japan)</ref>
With respect to cinematographic works, such as TV programs, which were created mainly for broadcasting, only a part of copyright generally protected for other types of works, including the right to broadcast, to wire-broadcast and to make an automatic public transmission, and to make transmittable<ref>With respect to the works such as TV programs, which were created mainly for broadcasting, the right to make transmittable only covers the acitivity of inputting information into an automatic public transmission server already connected to a telecommunications line which is provided for use by the public. Copyright Act art. 29, para. 2, Item 1(Japan).</ref> shall be attributed to broadcasting organizations.
With respect to the works such as TV programs, which were created mainly for broadcasting, the right to make transmittable only covers the acitivity of inputting information into an automatic public transmission server already connected to a telecommunications line which is provided for use by the public<ref>Copyright Act art. 29, para. 2, Item 1(Japan)</ref> shall be attributed to broadcasting organizations.


'''2. Performers, Producers of Phonograms, Broadcasting Organization and Wire-broadcasting Organizations'''
'''2. Performers, Producers of Phonograms, Broadcasting Organization and Wire-broadcasting Organizations'''


The Copyright Act of Japan, as well as the copyright attributed to authors, provides certain special rights called "neighboring righs" for performers, producers of phonograms, broadcasting organization and wire-broadcasting organizations, which play important roles in creation and distribution of the works, in order to promote distribution by protecting their rights.<ref>See NOBUHIRO NAKAYAMA, COPYRIGHT LAW 420 (2008) (Japan).</ref> Under the Copyright Act of Japan, the right to make transmittable is also provided as one of such neighboring righs of performers, producers of phonograms, broadcasting organization and wire-broadcasting organizations, as well as the right that constitutes copyright of authors. The Copyright Act of Japan provides that the right to make transmittable shall be exclusively attributed to such performers, producers of phonograms, broadcasting organization and wire-broadcasting organizations. Accordingly, to upload cinematographic works on internet, it is basically necessary to obtain approval from relevant authors, performers, producers of phonograms, broadcasting organization and wire-broadcasting organizations.<ref>Under Article 92-2, Paragraph 2, Item 2 of the Copyright Act of Japan, performers shall not have the right to make transmittable with respect to their performance recorded on cinematographic works except sound recordings. Under the Copyright Act of Japan, basically, rights of performers are established under the principle that performers should collect compensation for their performance in a lump sum when they first permit their performance to be utilized, and the allocation of profits obtained by utilizing their performance afterwards should be determined by the agreement that performers should enter into at that time. Such principle is established in purpose of promoting the distibution of works by gathering the rights on fewer numbers of people and preventing complicated legal relations from arising due to the large numbers of people related to the works. NOBUHIRO NAKAYAMA, COPYRIGHT LAW 427 (2008) (Japan). However, such principle basically does not apply to the recordings of sound such as soundtrack to cinematographic works and to upload such recordings of sound, it is necessary to obtain permission from relevant performers such as singers.</ref>
The Copyright Act of Japan, as well as the copyright attributed to authors, provides certain special rights called "neighboring righs" for performers, producers of phonograms, broadcasting organization and wire-broadcasting organizations, which play important roles in creation and distribution of the works, in order to promote distribution by protecting their rights.<ref>See NOBUHIRO NAKAYAMA, COPYRIGHT LAW 420 (2008) (Japan).</ref> Under the Copyright Act of Japan, the right to make transmittable is also provided as one of such neighboring righs of performers, producers of phonograms, broadcasting organization and wire-broadcasting organizations, as well as the right that constitutes copyright of authors. The Copyright Act of Japan provides that the right to make transmittable shall be exclusively attributed to such performers, producers of phonograms, broadcasting organization and wire-broadcasting organizations. Accordingly, to upload cinematographic works on internet, it is basically necessary to obtain approval from relevant authors, performers, producers of phonograms, broadcasting organization and wire-broadcasting organizations. Under Article 92-2, Paragraph 2, Item 2 of the Copyright Act of Japan, performers shall not have the right to make transmittable with respect to their performance recorded on cinematographic works except sound recordings. Under the Copyright Act of Japan, basically, rights of performers are established under the principle that performers should collect compensation for their performance in a lump sum when they first permit their performance to be utilized, and the allocation of profits obtained by utilizing their performance afterwards should be determined by the agreement that performers should enter into at that time. Such principle is established in purpose of promoting the distibution of works by gathering the rights on fewer numbers of people and preventing complicated legal relations from arising due to the large numbers of people related to the works. NOBUHIRO NAKAYAMA, COPYRIGHT LAW 427 (2008) (Japan). However, such principle basically does not apply to the recordings of sound such as soundtrack to cinematographic works and to upload such recordings of sound, it is necessary to obtain permission from relevant performers such as singers.</ref>


'''3. Author of the Original Work'''
'''3. Author of the Original Work'''

Revision as of 23:29, 28 March 2011


The Right to Make Transmittable is one of several rights granted to the creators of creative works by Japanese copyright law The law defines copyright not as a single comprehensive right but as a bundle of various rights including right of reproduction, right of performance, right of screen presentation and right of public transmission.

Overview

The right to make transmittable is the right to make works transmittable by some technical measures including uploading the works such as cinematographic works including TV programs and films on internet. The right was newly established by the amendment to the Copyright Act of Japan in 1997.

Article 23, Paragraph 1 of the Copyright Act of Japan provides that the author shall have the exclusive right to effect a public transmission of his work (including, in the case of automatic public transmission, making his work transmittable). The provision makes it clear that the right to make transmittable as well as the right of public transmission, the right to transmit by wireless communications or wire-telecommunications that had already been protected before the amendment, shall be exclusively attributed to the author. To make transmittable is to record or input information on public server which is connectred to the network provided for use by the public or to connect such public server that stores such information to internet. This right is commonly called the right to upload but in fact, it is broader concept than simply to upload.[1]

Attribution of the Right to Make Transmittable

1. Authors

(1) Attribution to Authors

As mentioned above, authors shall have the exclusive right to publicly transmit their work.

(2) Who are the "Authors"?

Under Article 17 of the Copyright Act of Japan, copyright shall be attributed to authors upon the creation of works. Under the Copyright Act of Japan, definition of authors can differ depending on the types of works as mentioned below.

(a) General Definition

Author is defined as a person who creates the work under Article 2, Paragraph 1, Item 2 of the Copyright Act of Japan. This definition applies to most of the works which are defined as production in which thoughts or sentiments are expressed in a creative way and which falls within the literary, scientific, artistic or musical domain including linguistic work such as novel, music, dancing, art and archtecture, other than some exceptions including works made by employees in the course of their duties cinematographic works, as mentioned below.

(b) Exception (1) - Author of a Work Made by an Employee in the Course of His Duties

With respect to a work (except a computer program work) which on the initiative of an employer is made by an employee in the course of the performance of his duties in connection with the employer's business and is made public by the employer as a work under its own name, such employer shall be treated as the author unless otherwise stipulated by contract, work regulations or the like at the time of creation of the work.[2]

With respect to computer code which, on the initiative of an employer is made by an employee in the course of his duties in connection with the employer's business, such employer shall be treated as the author unless otherwise stipulated by contract, work regulations or the like at the time of creation of the work.[3]

(C) Exception (2) - Cinematographic Work

With respect to a cinematographic work, basically, the authors is a person who, by taking charge of producing, directing, filming, art direction, etc., has creatively contributed to the creation of such cinematographic work as a whole.[4] However, in the case where such author of the cinematographic work has undertaken to participate in the making of the cinematographic work, the maker of said cinematographic work, the person who takes the initiative in, and the responsibility for the making of the cinematographic work shall be treated as the author.[5]

With respect to the works such as TV programs, which were created mainly for broadcasting, the right to make transmittable only covers the acitivity of inputting information into an automatic public transmission server already connected to a telecommunications line which is provided for use by the public[6] shall be attributed to broadcasting organizations.

2. Performers, Producers of Phonograms, Broadcasting Organization and Wire-broadcasting Organizations

The Copyright Act of Japan, as well as the copyright attributed to authors, provides certain special rights called "neighboring righs" for performers, producers of phonograms, broadcasting organization and wire-broadcasting organizations, which play important roles in creation and distribution of the works, in order to promote distribution by protecting their rights.[7] Under the Copyright Act of Japan, the right to make transmittable is also provided as one of such neighboring righs of performers, producers of phonograms, broadcasting organization and wire-broadcasting organizations, as well as the right that constitutes copyright of authors. The Copyright Act of Japan provides that the right to make transmittable shall be exclusively attributed to such performers, producers of phonograms, broadcasting organization and wire-broadcasting organizations. Accordingly, to upload cinematographic works on internet, it is basically necessary to obtain approval from relevant authors, performers, producers of phonograms, broadcasting organization and wire-broadcasting organizations. Under Article 92-2, Paragraph 2, Item 2 of the Copyright Act of Japan, performers shall not have the right to make transmittable with respect to their performance recorded on cinematographic works except sound recordings. Under the Copyright Act of Japan, basically, rights of performers are established under the principle that performers should collect compensation for their performance in a lump sum when they first permit their performance to be utilized, and the allocation of profits obtained by utilizing their performance afterwards should be determined by the agreement that performers should enter into at that time. Such principle is established in purpose of promoting the distibution of works by gathering the rights on fewer numbers of people and preventing complicated legal relations from arising due to the large numbers of people related to the works. NOBUHIRO NAKAYAMA, COPYRIGHT LAW 427 (2008) (Japan). However, such principle basically does not apply to the recordings of sound such as soundtrack to cinematographic works and to upload such recordings of sound, it is necessary to obtain permission from relevant performers such as singers.</ref>

3. Author of the Original Work

Further, under Article 28 of the Copyright Act of Japan, it is provided that the author of the original work shall have exclusive rights of the same types as those possessed by the author of the derivative work. For example, in the case where a film is made based on a story of a cinematographic work, the right to make transmittable with respect to the cinematographic work is exclusively attributed to the author of the novel as well as the author of the cinematographic work. To upload such a cinematographic work on internet, it is necessary to obtain approval from the author of the novel as well as the parties that have the right to make transmittable with respect to the cinematographic work, such as the author of the cinematographic work.

Infringement of the Right to Make Transmittable and Remedies against the Infringement

1. Infringement of Right to Make Transmittable

Infringement of right to make transmittable is unauthorized use of right to make transmittable.[8] Against the infringement of the right to make transmittable, civil remedies and criminal punishment as mentioned below are provided under laws of Japan.

2. Civil Remedies against Infringement of the Right to Make Transmittable

(1) Right to Seek Injunction

The holder of right to make transmittable may demand that persons infringing, or presenting a risk of infringing on his right cease the infringement or not infringe, as the case may be. Article 112, Paragraph 1 of the Copyright Act of Japan. When making the demand provided for in the preceding paragraph, the holder of the right may demand the taking of measures necessary to effect the cessation or prevention of the infringement, such as the destruction of objects constituting the acts of infringement, objects made by acts of infringement, and/or machines and tools used exclusively for acts of infringement.[9]

(2) Compensation for Damage

In the Copyright Act of Japan, there is no provision regarding compensation for damage as a remedy against infringement of the right to make transmittable. However, the holder of the right may make a claim for damages against person who infringes the right pursuant to Article 709 of the Civil Code of Japan, a provision of tort.[10]

(3) Claim for Unjust Enrichment

Unauthorized use of other's work is to obtain profit without any legitimate reason and the holder of the right to make transmittable may make a claim for unjust enrichment pursuant to Article 703 of the Civil Code of Japan.[11]

3. Criminal Punishment

The person who infringes the right to make transmittable shall be punishable by imprisonment with work for a term not more than ten years or by a fine of not more than ten million Yen, or by both.[12]

Challenges facing Japanese online content Business

As mentioned above, under the Copyright Act of Japan, right to make transmittable shall be exclusively attributed to authors of original works, and performers, producers of a phonogram, broadcasting organizations and wire-broadcasting organizations as well as authors. Accordingly, for example, as for phonograms, not only producers but also performers such as singers who performed in the phonograms exclusively shall have the right to make transmittable. As a result, to upload such phonograms on internet, it is necessary to obtain permission from all of the relevant parties who are provided with the right to make transmittable under the Copyright Act of Japan, including producers and performers who contributed to creation of the phonograms. However, it is practically very difficult since the number of such parties can be enormous. As a result, it is criticized that such legal system prevents Japanese online content business from further developing by making fewer works practically available for such business.[13]

Discussions regarding Reform of the Copyright Act of Japan for Further Development of Japanese Online Content Business

1. Proposals for a Reform of the Copyright Act of Japan from the Perspective of Promotion of Online Content Business

To overcome the difficulties facing Japanese online content business mentioned above, there have been discussions regarding reform of the Copyright Act of Japan. Proposals regarding establishment of the "Internet Right" were made by the Forum of Digital Content Experts, a Japanese private research institute in 2008. The proposals mainly include three topics: (1) Establishment of "Internet Right" which is the right to use digital content including TV program, film and music on internet, and provision of such right to companies which can be evaluated to have sufficient ability to achieve the fair allocation of the profits, such as broadcasting organization, maker of a cinematographic work and record company; (2) Establishment of obligation to fair allocation of the profits; and (3) establishment of rules regarding fair use, by reforming the Copyright Act of Japan. According to the proposals, by such amendment, online content business can upload such works on internet by making contracts with parties provided with the "Internet Right". Also, according to the proposals, under the reformed act, exercise of copyright will be restricted and instead, owner of the copyright and neiboring right may claim compensation.[14]

2. Strong Opposition to the Proposals for the Reform of the Copyright Act of Japan

There has been strong opposition to the proposals regarding the "Internet Right" mentioned above. According to the opinion of opponents, establishment of such "Internet Right" can impose unfair restriction on exercise of copyright and neighboring rights and there is no reason to make special arrangement only for use of digital content on internet. This issue has been discussed at the Ministry of Internal Affairs and Communications of Japan since 2008 but due to the strong oppoosition, the discussions have not seen any prominent progress.[15]

Major Difference between U.S. Legal System and Japanese Legal System regarding the Right to Make Transmittable

1. Copyright Protected by the Copyright Act of the United States and its Infringement by Unauthorized Uploading

(1) Brief Summary of the Copyright under the Copyright Act of the United States regarding Uploading Works on Internet

The Copyright Act provides an author with the exclusive right to reproduce, distribute, publicly display or publicly perform the work, or to prepare derivative works based upon it.[16] Scanning into a computer memory constitutes copying.[17] Numerous cases establish that loading a program or other work into a computer or downloading it from the Internet or another computer makes a copy which, if unauthorized, infringes the copyright, based on the analysis that either downloading or uploading result in the existence of two (or more) digital copies of the work.[18][19]

(2) Major Difference between Legal System of the United States and Legal System of Japan regarding Copyright and Unauthorized Uploading

As mentioned above, under the Copyright Act of the United States, numerous cases established that uploading works on internet, if unauthorized, infringes the copyright. Likewise, under the Copyright Act of Japan, uploading works on internet, if unauthorized, infringes the rights provided in the Copyright Act of Japan, as mentioned above. However, under the Copyright Act of Japan, since the right to make transmittable, which is mostly about uploading works on internet is specifically provided, unauthorized uploading can be recognized to constitute the infringement of the specific right, the right to make transmittable. Also, under Copyright Act of Japan, neighboring rights are provided separately from copyright for performers, producers of a phonogram, broadcasting organizations and wire-broadcasting organizations while under the Copyright Act of the United States, they can be included in a single type of right, "copyright" pursuant to the provisions of the Copyright Act of the United States.[20]

2. Remedies against Infringement

(1) Brief Summary of the Remedies against Infringement of Copyright under the Copyright Act of the United States

(a) Civil Remedies against Infringement of Copyright under the Copyright Act of the United States

The legal or beneficial owner of an exclusive right under a copyright is entitled to institute an action for any infringement of that particular right committed while he or she is the owner of it.[21] Remedies that may be granted or ordered by the court include injunctions on such terms as it may deem reasonable to prevent or restrain infringement of a copyright[22] and impounding on such terms as it may deem reasonable.[23] Also, an infringer of copyright is liable for either the copyright owner's actual damages and any additional profits of the infringer or statutory damages as provided in the Copyright Act of the United States.[24] Further, the court in its discretion may allow the recovery of full costs by or against any party other than the United States or an officer thereof, and the court may also award a reasonable attorney's fee to the prevailing party as part of the costs of the civil action.[25]

(b) Criminal Punishment

Any person who willfully infringes a copyright shall be punished by imprisonment with work for a term not more than one, three, five, six or ten years depending on the types of offense or by a fine in the amount set forth in 18 U.S.C., or by both, if the infringement was committed — (A) for purposes of commercial advantage or private financial gain; (B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or (C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.[26]

(2) Major Difference between Legal System of the United States and Legal System of Japan regarding Remedies against Infringement of Copyright

Substantially, with respect to civil remedies, there is not material difference between U.S. legal system and Japanese legal system with respect to the remedies against infringement of copyright, considering actually almost same kind of actions may be taken by the owner of right as civil remedies under both legal systems. However, there are some differences between each system such as that there is not any provision regarding compensation for damage in the Copyright Act of Japan while there is such provision in the Copyright Act of the United States. On the contrary, with respect to criminal punishment, there is material difference between U.S. legal system and Japanese legal system with respect to gravity of sentence. Under the Copyright of Japan, the person who infringes the right to make transmittable shall be punishable by imprisonment with work for a term not more than ten years notwithstanding type of offense, while under the Copyright Act of the United States, the person who infringes copyright shall be punishable by imprisonment whose length can differ depending on type of offense and other conditions provided in the act. This is the consequence of the amendment of the Copyright Act of Japan in 2006 which strenghened the punishment based on the opinion that gravity of the criminal punishment against infringement of intellectual property right should be equivalent to that of robbery provided in the Penal Code of Japan. From the perspective of comparative law study,it is said that the criminal purnishment against robbery is grave in comparison to other countries' legal systems, and that made criminal punishment against infringement of the right to make transmittable grave in comparison to other countries' legal systems.[27]

See also

References

  1. ^ NOBUHIRO NAKAYAMA, COPYRIGHT LAW 221 (2008) (Japan)
  2. ^ Copyright Act art. 15, para. 1 (Japan).
  3. ^ Copyright Act art. 29, para. 1, Item 10 (Japan).
  4. ^ Copyright Act Article 10 (Japan).
  5. ^ Copyright Act art. 29, para. 1(Japan); Copyright Act art. 2, para. 1, Item 10(Japan)
  6. ^ Copyright Act art. 29, para. 2, Item 1(Japan)
  7. ^ See NOBUHIRO NAKAYAMA, COPYRIGHT LAW 420 (2008) (Japan).
  8. ^ See NOBUHIRO NAKAYAMA, COPYRIGHT LAW 459 (2008) (Japan).
  9. ^ Copyright Act art. 112, para. 2 (Japan).
  10. ^ NOBUHIRO NAKAYAMA, COPYRIGHT LAW 489 (2008) (Japan).
  11. ^ NOBUHIRO NAKAYAMA, COPYRIGHT LAW 503 (2008) (Japan).
  12. ^ Copyright Act art. 119, para. 1 (Japan).
  13. ^ Forum of Digital Content Experts, Concept of Internet Law (Japan), http://www.digitalcontent-forum.com/pdf/digitalcontent-forum_teigen_shiryou1.pdf; Shigeru Nagasawa, Proposal from the Forum Joined by Mr. Tsuguhiko Kadokawa regarding Establishment of Internet Right separated from Copyright, Internet Watch, Mar. 17, 2008 (Japan), http://internet.watch.impress.co.jp/cda/news/2008/03/17/18834.html.
  14. ^ Forum of Digital Content Experts, Concept of Internet Law (Japan), http://www.digitalcontent-forum.com/pdf/digitalcontent-forum_teigen_shiryou1.pdf; Shigeru Nagasawa, Proposal from the Forum Joined by Mr. Tsuguhiko Kadokawa regarding Establishment of Internet Right separated from Copyright, Internet Watch, Mar. 17, 2008 (Japan), http://internet.watch.impress.co.jp/cda/news/2008/03/17/18834.html.
  15. ^ *Hiroaki Kitaoka, Internet Law(4) Further Discussions Expected to be Conducted through Proposals for Amendment of Laws for Promotion of Distribution of Online Content, IT Pro, Jun. 27, 2008 (Japan), http://itpro.nikkeibp.co.jp/article/COLUMN/20080624/309347/; Makoto Nozu, "Internet Law" Essential Gaps in Opinions Expressed at the Symposium of JASRAC, Internet Watch, Dec. 10, 2008 (Japan), http://internet.watch.impress.co.jp/cda/event/2008/12/10/21810.html; Opposition to "Internet Law" which Restricts Copyright - Discussions regarding Distribution of Online Content, Mycom Journal, Jul. 3, 2008 (Japan), http://journal.mycom.co.jp/news/2008/07/03/024/index.html; Satoru Masuda, Opposition to Internet Law from Mr. Kubota from ACCS that Shortsighted Promotion of Distribution Should Not Be Allowed, Internet Watch, Apr. 15, 2008 (Japan), http://internet.watch.impress.co.jp/cda/news/2008/04/15/19220.html; See Chamber of Information and Communication, Promotion of Distribution of Digital Content and Legal Systems for Improvement of Conpetitiveness of Content, Jun. 27, 2008 (Japan), http://www.soumu.go.jp/menu_news/s-news/2008/pdf/080627_7_bs2.pdf.
  16. ^ 17 U.S.C. §§ 106 (2006).
  17. ^ Phillips v. Kidsoft L.L.C., 52 U.S.P.Q.2d (BNA) 1102, 1105, 1999 WL 813939 (D. Md. 1999).
  18. ^ A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004, 1013-14, 57 U.S.P.Q.2d (BNA) 1729, 1734 (9th Cir. 2001), as amended, (Apr. 3, 2001), aff’g in part, rev’g in part on other grounds, and remanding, 114 F. Supp. 2d 896, 2000 Copr.L.Dec. ¶ 28,126, 55 U.S.P.Q.2d (BNA) 1780 (N.D. Cal. 2000). For subsequent history, see A&M Records, Inc. v. Napster, Inc., 2001 Copr. L. Dec. P 28213, 2001 WL 227083 (N.D. Cal. 2001), aff’d, 284 F.3d 1091, 62 U.S.P.Q.2d (BNA) 1221, 52 Fed. R. Serv. 3d 5 (9th Cir. 2002).
  19. ^ 2 Pat. L. Fundamentals § 6:8 (2d ed.); CONTENT PROTECTION AND COPYRIGHT, 984 PLI/Pat 81 , 85-86; Hannibal Travis, Opting Out of the Internet in the United States and the European Union: Copyright, Safe Harbors, and International Law, 84 Notre Dame L. Rev. 331, 397-98 (2008).
  20. ^ 17 U.S.C. §§ 102 (2006).
  21. ^ 17 U.S.C. §§ 501(b) (2006).
  22. ^ 17 U.S.C. §§ 502 (2006).
  23. ^ 17 U.S.C. §§ 503 (2006).
  24. ^ 17 U.S.C. §§ 504 (2006).
  25. ^ 17 U.S.C. §§ 505 (2006).
  26. ^ 17 U.S.C. §§ 506 (2006), 18 U.S.C. §§ 2319 (2008).
  27. ^ NOBUHIRO NAKAYAMA, COPYRIGHT LAW 518 (2008) (Japan).

External links

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