| 研究実績の概要 |
The research project advanced in 3 main aspects during fiscal year 2023. First, the legislative history of adopting the fair remuneration regime in EU copyright law was examined. It showed the reasons and objectives of adopting this regime. In addition, the regime was significantly modified during the legislative process and therefore its legislative history helps to better understand its current version. Second, as the EU regime of fair remuneration was heavily influenced by the regimes in Germany and France, experiences with the application of those regimes were surveyed. They show considerable limitations of their application in practice to certain specific cases. Third, the doctrine of fair price and the various mechanisms used in general contract law in this regard were scrutinized.
Preliminary results show that the EU regime of fair remuneration notably differs from the mechanisms applied to other contracts under contract law. The reason is that it was adopted, because the mechanisms available under contract law were considered insufficient to allow adjustments or revocations of licensing agreements in copyright law. In addition, the experiences with the application of fair remuneration in Germany demonstrates that contract adjustments tend to be applied only in limited cases, especially in the case of lump-sum payments.
The results were presented at several international conferences and workshops in Japan, EU, and US.
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| 今後の研究の推進方策 |
In the following research, I will focus on investigating alternative mechanisms applied outside the EU, which are based upon the minimal license rate and collective bargaining. Their efficiency will be compared with the EU regime of fair remuneration. The analysis in fiscal year 2024 will thus concentrated mainly on studying the experiences with minimal license rate and similar approaches used in other areas of private law, especially labour law. In a number of countries, minimal wages have been established in order to protect workers, and a number of empirical studies show their practical consequences. Those studies will be reviewed in order to determine to what degree their findings could help us to better understand the regimes based upon minimal license rates in copyright law.
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