The Research for Model Law of Copyrights in the age of Digital Network
Project/Area Number |
22530109
|
Research Category |
Grant-in-Aid for Scientific Research (C)
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Allocation Type | Single-year Grants |
Section | 一般 |
Research Field |
New fields of law
|
Research Institution | Tezukayama University |
Principal Investigator |
GOH Youngsoo 帝塚山大学, 法学部, 教授 (90412121)
|
Project Period (FY) |
2010 – 2012
|
Project Status |
Completed (Fiscal Year 2012)
|
Budget Amount *help |
¥4,290,000 (Direct Cost: ¥3,300,000、Indirect Cost: ¥990,000)
Fiscal Year 2012: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2011: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Fiscal Year 2010: ¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000)
|
Keywords | 知的財産 / 著作権政策 / ISP責任 / デジタル・ネットワーク時代 / 知的財産推進計画 / 知的財産サイクル / 知的財産戦略本部 / 知的財産の創造、保護、活用 / 知的財産の紛争解決 / 共同不法行為責任 |
Research Abstract |
About protection requirements of digital content, There is legislative system which has not require the creativity. According to this legislative framework, the digital works would be protected not by the rule of copyright ownership but by the doctrine of unfair competition.About the infringement of Copyright, it should be evaluated that American legal system has a loose liability to the ISP in the case of occurring copyright infringement by the infringer of the copyright holder. So ISP does not have any obligation to report the information.About conflict resolution, it should be evaluated that the operation of the Korea Creative Content Dispute Mediation Committee is taking advantage of the characteristics of the trading environment of digital contents. And it has been proposed and procedures most appropriate dispute resolution method as an important model.The remaining issues in the future are to discuss about the characteristics of digital content. And replace all copyright lgislation is not seen, as long as it is based on the research results up to now. From this situation that is followed by the discussion still digital content, including the need for sui generis of their own. That is why we need further research continuously in the future.
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Report
(4 results)
Research Products
(2 results)