[KineJapan] Copyright in Japan, Again

[Markus Nornes]

That's very similar to the basis SCMS has used for its fair use case
(official statements and documentation on their website, as well as
Bordwell's blog).

What about documentary films? If a film draws on bits of other films or
news broadcasts (or any kind of copyrighted material) to make an
argument―and not necessarily involving parody―is the filmmaker in an
analogous position as the scholar? They are in the United States, at least
since the fair use movement here took hold some years back.

Markus


On Thu, Jul 25, 2013 at 5:41 PM, Mark Roberts
<mroberts37 at mail-central.com>wrote:

> On Jul 24, 2013, at 1:22 AM, Markus Nornes wrote:
>
> It sounds like "transformation" and fair use are built into Japanese
> copyright law. Anyone have a handle on that? Does Japanese law have
> anything like the "four factors" guiding fair use in the US? Is there a
> decent gloss on this?
>
>
> Regarding fair use, I believe this exists in Japan, for DVD stills at
> least.
>
> When I encountered this issue last year, everything pointed to 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".
>
> I am not sure how the TPP provisions on copyright would interact with this
> existing law, but it sounds like it would be a new channel in which rights
> holders could assert their claims.
>
> M
>
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>


-- 
*Markus Nornes*
Chair, Department of Screen Arts and Cultures
Professor of Asian Cinema, Department of Asian Languages and Cultures
Professor, School of Art & Design

*Department of Screen Arts and Cultures*
*6348 North Quad*
*105 S. State Street*
*Ann Arbor, MI 48109-1285*
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