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2021 Fiscal Year Research-status Report

Public Views on Wrongfulness of Copyright Infringements

Research Project

Project/Area Number 18K01380
Research InstitutionHokkaido University

Principal Investigator

HAZUCHA B  北海道大学, 法学研究科, 教授 (30452808)

Project Period (FY) 2018-04-01 – 2023-03-31
Keywordscopyright / infringement / wrongfulness / non-transformative use / 3D trademark / survey / social norms
Outline of Annual Research Achievements

In the fiscal year of 2021, the research project progressed in 2 main aspects. First, the analysis of data previously collected via online surveys conducted in all the four studied countries, i.e. Japan, Germany, France and US, significantly progressed. The results shows several vital commonalities and differences between the studied countries which can explain the current situation with the application and enforcement of copyright law therein. They demonstrate that copyright law has its foundations in morality and social norms generally recognized even by the public living in different cultural and social environments and traditions. Second, the research results were presented at the 38th Annual Conference of the European Association of Law and Economics and published in Japan.

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 what I planned for the fiscal year of 2021, although the year was still considerably impacted by the COVID-19 pandemic situation. The research plan for this year was to progress with the analysis of data collected by online surveys conducted in all the studied countries in previous years. In addition, the research results have been presented at an international conference abroad and also published in an edited volume in Japan.

Strategy for Future Research Activity

I plan to continue in the analysis of data collected from all the four studied countries, i.e. Japan, Germany, France and US. The aim of the analysis will move from public perception of wrongfulness towards public views on appropriate sanctions for wrongful activities. The collected data suggest several interesting insights to this issue. There are a few notable differences in the public perceptions on appropriate sanctioning in the studied countries which considerably differ in their unique legal and cultural environments and traditions varying from strong individualism to communitarianism. The main focus will be on explaining those findings and their importance for copyright policy making and adequate implementation of copyright law in practice.

Causes of Carryover

A part of research grant was planned to be spent on attending at international conferences abroad and visiting research institutions abroad. Due to the COVID-19 pandemic situation, this was not possible to be fully achieved in the year of 2021. Therefore, the unspent amount will be moved to the next fiscal year and will be properly used for conducting research under this research project and for presenting its results. The transfer of unspent amount to the next fiscal year will cause no significant delays in the research project.

  • Research Products

    (4 results)

All 2021 Other

All Int'l Joint Research (2 results) Journal Article (1 results) Presentation (1 results) (of which Int'l Joint Research: 1 results)

  • [Int'l Joint Research] University of Strasbourg, CEIPI(フランス)

    • Country Name
      FRANCE
    • Counterpart Institution
      University of Strasbourg, CEIPI
  • [Int'l Joint Research] MPI for Innovation and Competition(ドイツ)

    • Country Name
      GERMANY
    • Counterpart Institution
      MPI for Innovation and Competition
  • [Journal Article] 「著作権法上の非変容的利用をめぐる人々の意識――日米独仏の文化比較による実証研究」2021

    • Author(s)
      ブラニスラヴ・ハズハ=清水紀子
    • Journal Title

      田村善之・山根崇邦(編集)『 知財のフロンティア 第1巻』

      Volume: 1 Pages: 285-312

  • [Presentation] Copyright Users and Non-Transformative Use: A Cross-Cultural Empirical Study2021

    • Author(s)
      Branislav Hazucha
    • Organizer
      38th Annual Conference of the European Association of Law and Economics (EALE)
    • Int'l Joint Research

URL: 

Published: 2022-12-28  

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