Copyright Protection on Pornography in Japan

被引:1
作者
Shirae, Yasuto [1 ]
机构
[1] Natl Kaohsiung First Univ Sci & Technol, Grad Inst Sci & Technol Law, Kaohsiung, Taiwan
来源
NTUT JOURNAL OF INTELLECTUAL PROPERTY LAW AND MANAGEMENT | 2014年 / 3卷 / 02期
关键词
Japan; copyright; porn film; pornography;
D O I
10.6521/NTUTJIPLM.2014.3(2).13
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Most courts in Taiwan have denied legal redress in infringement suits to holders of copyrights on immoral or obscene works by applying judicially-created doctrines. These judgments were based on the Supreme Court held that adult films are not copyrightable because these films are against social order or public interest, and in no way promoted social development in 1999. However, the Taiwan Intellectual Property Office ("TIPO") has tended to recognize porn films as copyrightable works. In an administrative letter of explanation issued in 2008 (Zhi-Zhu-Zi No. 09700025950), TIPO stated that if adult films are original, they are covered by copyright regardless of whether they are also categorized as obscene material. Porn isn't an object of copyright protection until the IP Court in 2014 held that a pornographic work is entitled to copyright protection as long as it meets the originality requirement. Contrary to individual opinions in Taiwan, porn is taken it for granted that AV can be protected under Copyright Act in Japan.
引用
收藏
页码:213 / 218
页数:6
相关论文
共 3 条
  • [1] Shirae Y, 2014, 3 NTUT J INTELLECTUA, V213
  • [2] Copyright Protection on Pornography in Japan
    Shirae, Yasuto
    [J]. NTUT JOURNAL OF INTELLECTUAL PROPERTY LAW AND MANAGEMENT, 2014, 3 (02): : 213 - 218
  • [3] Shirae Yasuto, 2014, NTUT J INTELL PROP L, V213