Protection of information goods and free use: Constitutional analysis on the preliminary injunction of copyright law
| Project/Area Number |
18530023
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Kyushu University |
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Principal Investigator |
SAKAMOTO Masanari Kyushu University, Kyushu University Faculty of Law, Professor (00033746)
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| Co-Investigator(Kenkyū-buntansha) |
KOJIMA Ryu Kyushu University, Faculty of Law, Associate Professor (00323626)
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| Project Period (FY) |
2006 – 2007
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| Project Status |
Completed (Fiscal Year 2007)
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| Budget Amount *help |
¥3,820,000 (Direct Cost: ¥3,400,000、Indirect Cost: ¥420,000)
Fiscal Year 2007: ¥1,820,000 (Direct Cost: ¥1,400,000、Indirect Cost: ¥420,000)
Fiscal Year 2006: ¥2,000,000 (Direct Cost: ¥2,000,000)
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| Keywords | Copyright / Freedom of expression / Injunction / Copyright limitations and exceptions / Defamation / Privacy / Law and economics / 差止請求権 / 事前抑制 / 不法行為的言論 / 名誉 / 情報取引 / 個人情報 / プライバシー |
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| Research Abstract |
The development of digitization and network technology has totally changed the scenery of information transactions whet we had taken for granted in the analog era. On the one hand, we can access, create and disseminate information easily. On the other hand, digital technology can control free flow of information combining the technological protection measures and contracts. Also, the right holders tried to extend the duration of copyright and sued intermediaries based upon the doctrine of contributory liabilities, etc. In this regard, copyright protection is getting stronger than before. We are in the era in which two completely different views toward copyright converges.
In this project, we made a research of protection of information goods and free use from the perspective of constitutional analysis on the preliminary injunction of copyright law. Recently it is widely acknowledged that copyright protection is the "sacred area" of prior restraint within the framework of constitutional law, and some people begin to wonder whether it is justifiable. We tried to analyze combining the methodology of law and economics.
From the constitutional point of view, we tried to make an analysis comparing with defamation and privacy protection. From an intellectual property perspective, our research encompasses the area of copyright limitations and exceptions (fair use in U. S. context), chilling effect of the technological protection measures on freedom of expression, and contractual overridability of copyright limitations, etc.
Copyright law is a part of business laws. Therefore, we should carefully examine the regulatory framework not to affect the business activities in the market from the "neutrality" point of view as mush as possible. In what circumstances not injunctive relied bur levy system should be adopted is a very important question throughout the project. At the end, we tried to synthesize the research from the both perspectives.
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Report
(3 results)
Research Products
(18 results)
