Question on Fair Use of Film Stills

[Yuki Nakayama]

Thanks Mark. now I can read it.
I guess now I will go through the ridiculous japanese legal jargon to
figure it out.

Yuki


On Tue, Mar 6, 2012 at 1:17 AM, Mark Roberts <mroberts37 at mail-central.com>wrote:

> Yuki,
>
> Yes, the page for 著作権法第32条 doesn't have the correct HTML to specify
> encoding, but you can read it by selecting *View* > *Text Encoding* > *Japanese
> (Shift JIS)* in Safari. It's a problem on their end, not yours.
>
> More to the point, I'm not sure of the status of BeeTV content. Hopefully,
> somebody more knowledgeable will chime in about that.
>
> Best,
>
> Mark
>
>
>
> On Mar 6, 2012, at 3:03 PM, Yuki Nakayama wrote:
>
> Thank you for the detailed explanation. Unfortunately the link Mark gave
> for  著作権法第32条 is corrupt and I am unable to read it. (it maybe because I
> am a mac user, but the page is not readable). I wanted to check if how
> much web content is covered by this law. I am specifically thinking
> content provider/creators such as BeeTV, cell phone channel available for
> subscription for docomo users providing online content (dramas, variety
> shows, etc) some of which are also available on their youtube account.
> Would frame grabs from these type of online content (such as BeeTV's
> youtube account) fall under the same guidelines explained by Mark? or be
> considered same as publicity material and require permission from the
> copyright holder?
>
>
> Yuki Nakayama
> (yuki.nakayama at gmail.com)
> New York University
> Tisch School of the Arts
> Cinema Studies Department
> M.A. Candidate
>
>
>
> On Tue, Feb 28, 2012 at 9:23 AM, Mark Nornes <amnornes at umich.edu> wrote:
>
>> Fantastic! Thanks for the details.
>>
>> Now we need someone to do the same kind of research on the issue of
>> shozoken. I really wonder the degree to which this "respect" for shozoken
>> is backed by law.
>>
>> m
>>
>>
>>   _________________________________
>> *A. M. Nornes*
>> *Chair, **Department of Screen Arts and Cultures*
>> *Professor, Department of Asian Languages & Cultures*
>> *Professor, School of Art & Design*
>> *University of Michigan*
>> *
>> North Quad 6F, 105 S. State Street
>> Ann Arbor, MI 48104-1608
>> Phone: 734-763-1314
>> FAX: 734-936-1846
>> *
>>
>>
>>
>>
>>
>>
>>
>>
>> On Feb 28, 2012, at 9:19 AM, Mark Roberts wrote:
>>
>> To belatedly follow up on this, I managed to convince the publisher that
>> there are no rights issues concerning DVD frame grabs. I would like to
>> thank all of you on KineJapan for your supportive and very helpful
>> responses about this, both on and off-list.
>>
>> On the chance that anybody else confronts this in the future, here is a
>> summary of what I learned. This is based upon discussion with Aaron,
>> Markus, and informal consultation with three different Japanese IP lawyers,
>> all of whom were in agreement.
>>
>> First, there is a difference between using publicity photographs, which
>> do require permission from the production company, and DVD stills, which do
>> not.
>>
>> The use of DVD stills is covered under article 32.1 of the Japanese
>> copyright law (*著作権法第32条* <http://www.cric.or.jp/db/article/a1.html#032>), according
>> to which academics are entitled to reproduce quotations for research
>> purposes. Two conditions must be met: (1) the quotation must be a smaller
>> unit than the entire text, where "smaller" means a fragment, and does not
>> concern the size of the image; and (2) the purpose of including the
>> quotation should serve some kind of argument or analysis. I.e., it's not
>> just there to "look good". (Thanks to Kim Icreverzi for clarifying these
>> details.)
>>
>> This was recently tested in court, in the case of Uesugi Satoshi vs.
>> Kobayashi Yoshinori:
>>
>> *平成11(ネ)4783 平成12年04月25日 東京高等裁判所*
>> http://hanrei.biz/h50421
>>
>> This case concerned a book that quoted Kobayashi's manga "Sensō-ron",
>> with the court deciding that scholars can reproduce panels from a manga
>> without permission, for the purposes of academic discussion and analysis.
>> The case was appealed and the decision of a lower court was upheld by Tokyo
>> Kosai.
>>
>> I suspect that I may not be the last person to encounter resistance from
>> a publisher, and hopefully some of this information might prove useful.
>>
>> Best regards,
>>
>> Mark Roberts
>> Research Fellow, University of Tokyo Center for Philosophy
>> http://utcp.c.u-tokyo.ac.jp/blog/mark_roberts/index_en.php
>>
>>
>>
>
>
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