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2015 Fiscal Year Research-status Report

ユーザーから見た著作権等の技術的保護手段のありかた

Research Project

Project/Area Number 15K16970
Research InstitutionHokkaido University

Principal Investigator

HAZUCHA B  北海道大学, 法学(政治学)研究科(研究院), 准教授 (30452808)

Project Period (FY) 2015-04-01 – 2018-03-31
Keywordscopyright / TPMs / DRMs / survey
Outline of Annual Research Achievements

The first year of this research aimed on identifying the legislators’, courts’ and scholars’ views on the factors and conditions affecting the compliance with TPMs, DRMs and copyright law amongst millions of copyright users. Accordingly, I reviewed the current copyright policy discussions, courts’ rulings and solutions proposed by individuals scholars in order to identified factors deemed to have an impact on the consumers’ behaviour (i.e. compliance with, or circumvention of, TPMs and DRMs), so that the actual effect of those factors can be empirically tested in later stages of this research project.
Based on these findings, I prepared a questionnaire which was tested in Japan. I collected 1,180 responses in an online survey conducted in October 2015. The preliminary analysis of collected data showed several interesting findings. For instance, the data show that the consumers’ attitudes towards the restrictions imposed on online downloads of music and other types of copyright works are less opposing those restrictions than their attitudes towards the restrictions on the use of tangible media.
In addition, I presented preliminary findings of my study at the 2015 ATRIP Congress. I also have prepared several papers for publication.

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 have achieved everything what I planned for the 2015 year. I conducted literature review and review of main case law and policy papers in the field so that I could identify the legislators’, courts’ and scholars’ views on the factors and conditions affecting the compliance with TPMs, DRMs and copyright law amongst millions of copyright users.
Based on these findings, I prepared a questionnaire which was tested in Japan. The collected data show that the questionnaire works well and the data exhibit several interesting correlations between different factors. Some of those findings contravene the conventional expectations and hypotheses. However, they more or less support the main hypothesis upon which this entire research project is based.
In addition, I was able to present the preliminary findings of my findings on an international conference and I have prepared several papers based on those findings for publication. One of those papers has been already published in an edited volume. The second one is currently on peer review.

Strategy for Future Research Activity

The following steps will aim on finalizing the analysis of collected data from Japan so that I would be able to prepare them for publication.
In addition, I will examine the possibilities for conducting online surveys in selected foreign countries so that I would be able to compare the results from Japan with other countries with different economic, social and cultural environments. I am thinking to conduct the surveys in US and Germany. However, if there are any problems with conducting online surveys in those countries, I can reconsider to conduct surveys in other possible substitute countries, such as UK or France. The main reason of selecting these countries is that each of them considerably differs in the ways of enforcing copyrights and in the success of those strategies.
Besides, I plan to make several business trips to the studied countries so that I would be able to collect necessary research material and other possible data. During those trips, I will attempt to interview selected representatives of different stakeholders in order to collect their views on the studied problem. I will also consult the leading scholars in those countries in order to discuss my research progress and receive their feedback to my research.
I plan to present findings of my research on international conferences and to publish them in English or Japanese so that they are widely accessible to the public.

Causes of Carryover

I made two purchases in the university co-op store at the beginning of March 2016 (i.e. 1 and 10 March 2016), but the payments for those purchases were not processed by the end of March 2016. These purchases consist of 1 book and 1 journal on copyright law in the amount of JPY 13,990. In addition, I purchased several stationeries in the amount of JPY 816. All these items in total equal to the entire unused amount of JPY 14,806. The payment of this amount is due on 28 April 2016.

Expenditure Plan for Carryover Budget

The payment for those items is due on 28 April 2016. Accordingly, the amount of JPY 14,806 will be completely used by 28 April 2016.

  • Research Products

    (2 results)

All 2016 2015

All Presentation (1 results) (of which Int'l Joint Research: 1 results) Book (1 results)

  • [Presentation] Copyright, Creative Industries and Cultural Diversity2015

    • Author(s)
      Branislav Hazucha
    • Organizer
      34nd Annual ATRIP Congress
    • Place of Presentation
      Cape Town, South Africa
    • Year and Date
      2015-09-28 – 2015-09-30
    • Int'l Joint Research
  • [Book] Intellectual Property, Private Ordering and Legal Certainty, in Mark Fenwick and Stefan Wrbka (eds.), Legal Certainty in a Contemporary Context: Private and Criminal Law Perspectives2016

    • Author(s)
      Branislav Hazucha
    • Total Pages
      194 (33-60)
    • Publisher
      Springer Singapore

URL: 

Published: 2017-01-06  

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