Question on Fair Use of Film Stills

[Yuki Nakayama]

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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