2022 Fiscal Year Final Research Report
Public Views on Wrongfulness of Copyright Infringements
| Project/Area Number |
18K01380
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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 |
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| Project Period (FY) |
2018-04-01 – 2023-03-31
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| Keywords | copyright / infringement / wrongfulness / non-transformative use / internet use / survey / social norms / 3D trademark |
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| Outline of Final Research Achievements |
The research results show that copyright laws are not only legal constructs, but their core rules have deep foundations in social norms recognized by the general public. Contrary to dominant views that the public completely disregards copyright law, this research found out sound and solid evidence that the public clearly deems it wrongful when someone commercially uses another person’s intellectual creation without getting any permission from the concerned person. Stealing of a bicycle is thus as wrongful as uploading of sound recordings on the internet or making of the copies of a movie DVD for their distribution amongst strangers.
Nonetheless, the public also distinguishes between personal uses on the one side and commercial and other large-scale public uses of copyrighted works. This causes that copyright enforcement measures work quite efficiently when they are applied to commercial or large-scale copyright uses contrary to private non-commercial and personal ones.
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| Free Research Field |
新領域法学関連
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| Academic Significance and Societal Importance of the Research Achievements |
The research results fill a gap in scientific knowledge on social norms governing the uses of copyrighted works by the general public. As such norms notably affect compliance of the public with copyright norms, this knowledge is vital for improving the efficiency of copyright enforcement.
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