| 研究課題/領域番号 |
18KK0356
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| 研究機関 | 北海道大学 |
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研究代表者 |
HAZUCHA B 北海道大学, 法学研究科, 教授 (30452808)
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| 研究期間 (年度) |
2019 – 2021
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| キーワード | copyright / parody / exception / infringement / wrongfulness / survey |
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| 研究実績の概要 |
In the fiscal year of 2019, the research was conducted in collaboration with Prof. Geiger at the Centre for International Intellectual Property Studies (CEIPI) of the University of Strasbourg in France. This allowed us to collect and analyse literature and case law on parody available in French language with regard to the French and EU laws. In addition, situations in the other studied countries (i.e. Japan, US and Germany) were also mapped. We were thus able to identify main factors used in parody cases by courts in the studied countries. These factors were then coded into 5 different vignettes in order to measure whether they play any role in public views on wrongfulness in parody cases. The vignettes were used for the preparation of questionnaires in 4 languages for online surveys.
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| 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
All the research goals planned for this fiscal year have been achieved. The preliminary surveys of literature and relevant case law in the studied countries were completed and the questionnaires for online surveys were prepared in 4 languages. In March of 2020, we also planned to have a workshop in order to present preliminary research results at the University of Tokyo, but the workshop had to be rescheduled for later because of travelling restrictions caused by the coronavirus outbreak. It will be organized in the next fiscal year, once the travelling restrictions are lifted.
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| 今後の研究の推進方策 |
In the fiscal year of 2020, we plan to conduct online surveys in all the studied countries. Once data are collected and analysed, we will proceed with studying differences between individual countries. We will focus on the causes of those differences and how their knowledge can be used for improving copyright law and policy in the studied countries.
The planned continuation of the research stay at the CEIPI in France has been significantly interrupted by travelling restrictions caused by the coronavirus outbreak in first half of 2020. Once situation improves, the research stay in France will be continued.
From September of 2020 the research will be conducted at the Max Planck Institute for Innovation and Competition in Munich (Germany) with focus on the German and EU laws.
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