2010 Fiscal Year Final Research Report
The Design of Institutional Arrangement for Neighboring Rights In the Digital Society
| Project/Area Number |
21830003
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Hokkaido University |
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Principal Investigator |
ANDO Kazuhiro Hokkaido University, 大学院・法学研究科, 特任教授 (00548159)
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| Project Period (FY) |
2009 – 2010
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| Keywords | 著作隣接権 / レコード / 実演 / 集中処理機構 / 裁定制度 |
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| Research Abstract |
The Japanese Copyright Act has adopted not the liability rule but the property rule, and neighboring rights of performers and record producers are also based upon the property rule. Thanks to the rapid development of the digital and network technology, however, the demand for usage of existing performances and records has been rapidly increasing. Therefore to the extent that incentives for performing and/or producing records do not diminish, the liability rule or its equivalent scheme should be introduced into the current copyright system to make secondary use more smoothly.
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