| Project/Area Number |
18KK0356
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| Research Category |
Fund for the Promotion of Joint International Research (Fostering Joint International Research (A))
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| Allocation Type | Multi-year Fund |
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| Review Section |
Basic Section 05070:New fields of law-related
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| Research Institution | Hokkaido University |
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Principal Investigator |
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| Project Period (FY) |
2019 – 2022
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| Project Status |
Completed (Fiscal Year 2022)
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| Budget Amount *help |
¥15,470,000 (Direct Cost: ¥11,900,000、Indirect Cost: ¥3,570,000)
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| Keywords | copyright / derivative work / wrongfulness / transformative use / parody / satire / survey / social norms / exception / infringement / 著作権法 / 著作権の制限 / パロディ / フランス法 / ドイツ法 |
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| Outline of Research at the Start |
The research project will be a study on how the public views on the wrongfulness of two types of transformative uses of copyrighted works (i.e. parody and pastiche) align with the current copyright law trends in the studied countries (i.e. France, Germany and Japan).
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| Outline of Final Research Achievements |
The research results show that the general public recognizes not only the wrongfulness of literary copying, but also of producing derivative works without obtaining a licence or any other permission from the concerned rightholder. The results also demonstrate that the public’s assessment of the transformative copyright uses depends upon several factors, such as humorousness, caused harm and gained wrongful profit. The public thus perceives humorous transformative uses of copyrighted works as less wrongful than non-humorous ones, but deems causing any harm to the authors as wrongful even when such copyright uses are parodic.
At the same time, people living in diverse cultural, social and legal environments and traditions deem enforcement measures, such as online content removal and demonetization, as appropriate under certain conditions, but they do not consider that any profit obtained by using another person’s copyrighted work is automatically wrongfully gained.
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| Academic Significance and Societal Importance of the Research Achievements |
As the research results demonstrate when the public perceives the wrongfulness of producing derivative works, including parody, in the form of user-generated works without obtaining any licence from the concerned copyright holders, they are vital in improving the efficiency of copyright enforcement.
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