| Project/Area Number |
23K01204
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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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 |
HAZUCHA B 北海道大学, 法学研究科, 教授 (30452808)
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| Project Period (FY) |
2023-04-01 – 2027-03-31
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| Project Status |
Granted (Fiscal Year 2023)
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| Budget Amount *help |
¥4,680,000 (Direct Cost: ¥3,600,000、Indirect Cost: ¥1,080,000)
Fiscal Year 2026: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2025: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2024: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2023: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
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| Keywords | copyright / copyright use / fair remuneration / online streaming / license / online sharing |
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| Outline of Research at the Start |
This research is an empirical, interdisciplinary and comparative study on the efficiency of copyright regulations requiring fair remuneration of authors and other copyright holders for commercial uses of their copyrighted works. It will combine qualitative and quantitative research methods.
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| Outline of Annual Research Achievements |
The research project advanced in 3 main aspects during fiscal year 2023. First, the legislative history of adopting the fair remuneration regime in EU copyright law was examined. It showed the reasons and objectives of adopting this regime. In addition, the regime was significantly modified during the legislative process and therefore its legislative history helps to better understand its current version. Second, as the EU regime of fair remuneration was heavily influenced by the regimes in Germany and France, experiences with the application of those regimes were surveyed. They show considerable limitations of their application in practice to certain specific cases. Third, the doctrine of fair price and the various mechanisms used in general contract law in this regard were scrutinized.
Preliminary results show that the EU regime of fair remuneration notably differs from the mechanisms applied to other contracts under contract law. The reason is that it was adopted, because the mechanisms available under contract law were considered insufficient to allow adjustments or revocations of licensing agreements in copyright law. In addition, the experiences with the application of fair remuneration in Germany demonstrates that contract adjustments tend to be applied only in limited cases, especially in the case of lump-sum payments.
The results were presented at several international conferences and workshops in Japan, EU, and US.
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| Current Status of Research Progress |
Current Status of Research Progress
2: Research has progressed on the whole more than it was originally planned.
Reason
I achieved what I planned for fiscal year of 2023. It was the first year of this research project and thus the research plan for the year was to examine the fair remuneration regime adopted in EU copyright law, in particular the reasons and objectives of its adoption and how this new regime fits into other mechanisms used in general contract law in cases of disparity in value between the contractual parties' performances. The legislative history of its adoption and the mechanisms employed in general contract law were thus scrutinized.
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| Strategy for Future Research Activity |
In the following research, I will focus on investigating alternative mechanisms applied outside the EU, which are based upon the minimal license rate and collective bargaining. Their efficiency will be compared with the EU regime of fair remuneration. The analysis in fiscal year 2024 will thus concentrated mainly on studying the experiences with minimal license rate and similar approaches used in other areas of private law, especially labour law. In a number of countries, minimal wages have been established in order to protect workers, and a number of empirical studies show their practical consequences. Those studies will be reviewed in order to determine to what degree their findings could help us to better understand the regimes based upon minimal license rates in copyright law.
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