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2019 年度 実施状況報告書

公衆の視点からみた著作権侵害の不法性

研究課題

研究課題/領域番号 18K01380
研究機関北海道大学

研究代表者

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

研究期間 (年度) 2018-04-01 – 2023-03-31
キーワードcopyright / infringement / wrongfulness / 3D trademark / survey
研究実績の概要

The research project progressed in 3 main aspects. First, I continued in collecting and analysing legal and policy documents and academic literature on copyright infringements with the focus on non-transformative copying of copyrighted works. My research stay in France allowed me to trace necessary sources from the EU and France and to consult preliminary findings with French scholars. Second, based upon the results of such analysis, questionnaires with 5 coded vignettes were prepared in 4 languages, i.e. English, Japanese, French and German. Individual characteristics of each studied jurisdiction were considered during the coding of vignettes and the drafting of questionnaire. Third, online surveys were conducted in the US, Japan and France, and collected data preliminary analysed.

現在までの達成度 (区分)
現在までの達成度 (区分)

2: おおむね順調に進展している

理由

I achieved everything, what I planned for the fiscal year of 2019. The research plan for this year was to finalize the questionnaires for online surveys and to start with data collection. The research stay in France was very helpful for the preparation of the questionnaires especially in French and German languages. Due to this stay I decided to conduct online surveys in France, in addition to Japan and the US. This led to postponing the collection of survey data from Germany to the next fiscal year during which I plan to conduct my research in Germany. This will allow me to focus on the German law and situation in Germany.

今後の研究の推進方策

I plan to finalize the survey data collection by conducting an online survey in Germany. After obtaining those data, their analysis will be conducted in order to observe differences between studied countries, i.e. Japan, US, France and Germany. Each studied country has its unique legal and cultural environment, and the aim of this research is to compare how the general public with different legal and cultural background perceives various non-transformative uses of copyrighted works and whether their perceptions follow, or differ from, legal norms and case law developed in the studied countries. My research will thus focus on the explanation of those differences and on the way of how their understanding can be used in copyright law and policy.

次年度使用額が生じた理由

The reason of moving this amount to the next fiscal year is that the end of this fiscal year was significantly affected by urgent needs to solve several important issues caused by the coronavirus outbreak. The amount which will be transferred to the next fiscal year is a small amount which has not affected the achievement of goals for this year and will not have any negative impact on the execution of the entire research project. It will be spent smoothly in the next fiscal year.

  • 研究成果

    (3件)

すべて 2020 その他

すべて 国際共同研究 (2件) 学会発表 (1件) (うち国際学会 1件、 招待講演 1件)

  • [国際共同研究] University of Strasbourg, CEIPI(フランス)

    • 国名
      フランス
    • 外国機関名
      University of Strasbourg, CEIPI
  • [国際共同研究] MPI for Innovation and Competition(ドイツ)

    • 国名
      ドイツ
    • 外国機関名
      MPI for Innovation and Competition
  • [学会発表] Copyright Exhaustion in the Digital Age: A Cross-Country Study of Consumers' Views2020

    • 著者名/発表者名
      Branislav Hazucha
    • 学会等名
      Digital Copyright: Japanese and European Approaches
    • 国際学会 / 招待講演

URL: 

公開日: 2021-01-27  

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