| Project/Area Number |
19730089
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
New fields of law
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| Research Institution | University of Tsukuba |
|---|
Principal Investigator |
MURAI Maiko University of Tsukuba, 大学院・図書館情報メディア研究科, 講師 (80375518)
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|---|
| Project Period (FY) |
2007 – 2010
|
| Project Status |
Completed (Fiscal Year 2010)
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| Budget Amount *help |
¥2,450,000 (Direct Cost: ¥2,000,000、Indirect Cost: ¥450,000)
Fiscal Year 2010: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2009: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2008: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2007: ¥500,000 (Direct Cost: ¥500,000)
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| Keywords | 著作権 / 著作権法 / 制限規定 / 一般条項 / フェア・ユース / fair use / 民事法学 / 知的財産法 / 著作権の制限 |
|---|
| Research Abstract |
Based upon the analyzes of discussions on the "fair use doctrine" in the U.S. copyright law from the perspective of "market failure approach, the following three proposals have been made with regard to the Japanese copyright law : (1) the use of copyrighted works for criticism and parody and the like should be treated more leniently than the current case law does, because it is difficult for users to get permissions from the copyright holders ; (2) considering the inability to internalize the external benefits accrued from the use of copyrighted works, legality of reproductions for the purpose of research and education, especially those made in the libraries, should be permitted within a broader range than the current Japanese Copyright Act allows ; (3) in cases which have chilling effects on freedom of expression or where the formation of community can be engendered, the realm of freedom has to be secured more tightly, since there are problems which cannot be fully translated into efficiency terms.
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