2010 Fiscal Year Final Research Report

Studies on Limitations of Copyright

Research Project

Project/Area Number	19730089
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Single-year Grants
Research Field	New fields of law
Research Institution	University of Tsukuba
Principal Investigator	MURAI Maiko University of Tsukuba, 大学院・図書館情報メディア研究科, 講師 (80375518)
Project Period (FY)	2007 – 2010
Keywords	著作権 / 著作権法 / 制限規定 / 一般条項 / フェア・ユース / fair use
Research Abstract	Based upon the analyzes of discussions on the "fair use doctrine" in the U.S. copyright law from the perspective of "market failure approach, the following three proposals have been made with regard to the Japanese copyright law : (1) the use of copyrighted works for criticism and parody and the like should be treated more leniently than the current case law does, because it is difficult for users to get permissions from the copyright holders ; (2) considering the inability to internalize the external benefits accrued from the use of copyrighted works, legality of reproductions for the purpose of research and education, especially those made in the libraries, should be permitted within a broader range than the current Japanese Copyright Act allows ; (3) in cases which have chilling effects on freedom of expression or where the formation of community can be engendered, the realm of freedom has to be secured more tightly, since there are problems which cannot be fully translated into efficiency terms.