| Presentation | 2018-12-06 Note on Copyright Law of Japan Article 30quater Makoto Koike, |
|---|---|
| PDF Download Page |  PDF download Page Link |
| Abstract(in Japanese) | (See Japanese page) |
| Abstract(in English) | An amendment to the Copyright Act of Japan in 2012 adds the provision of exploitation for the use in a test for the development or the practical use of technology (article 30quarter), this amendment is recognized as encoding the legal idea that the development of technology should not be obstructed wherein the legal idea is encoded in the Patent Act of Japan article 69, the first paragraph, which allows the working of the patented invention for experimental or research purposes. An amendment to the Copyright Act of Japan in 2018 adds the provision of exploitation of the use which does not have the purpose of enjoying the idea or emotion expressed in the works (article 30quarter), this amendment is recognized as encoding the legal theory, which is equivalent to the functional theory in the trademark law, and which corresponds to material illegality. While the objective of the Copyright Act has been the development of culture, in view of the ongoing fourth industrial revolution with the development of information communication technology and artificial intelligence, the passive technical element that the development of industry should not be obstructed has induced the recent amendments to the Copyright Act of Japan. |
| Keyword(in Japanese) | (See Japanese page) |
| Keyword(in English) | Amendment to the Copyright Act of Japan in 2018 / Limitation of Reproduction / Use in a test for the development or the practical use of technology / enjoying the idea or emotion expressed in the works |
| Paper # | SITE2018-59 |
| Date of Issue | 2018-11-29 (SITE) |
| Conference Information | |
| Committee | SITE |
|---|---|
| Conference Date | 2018/12/6(1days) |
| Place (in Japanese) | (See Japanese page) |
| Place (in English) | |
| Topics (in Japanese) | (See Japanese page) |
| Topics (in English) | |
| Chair | Tetsuya Morizumi(Kanagawa Univ.) |
| Vice Chair | Masaru Ogawa(Kobe Gakuin Univ.) / Takushi Otani(Kibi International Univ.) |
| Secretary | Masaru Ogawa(Tokyo Health Care Univ.) / Takushi Otani(Toyo Eiwa Univ.) |
| Assistant | Hisanori Kato(KDDI Research) / Nobuyuki Yoshinaga(Yamaguchi Pref Univ.) / Daisuke Suzuki(Hokuriku Univ.) |
| Paper Information | |
| Registration To | Technical Committee on Social Implications of Technology and Information Ethics |
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| Language | JPN |
| Title (in Japanese) | (See Japanese page) |
| Sub Title (in Japanese) | (See Japanese page) |
| Title (in English) | Note on Copyright Law of Japan Article 30quater |
| Sub Title (in English) | Impact of the Legal Theory of Patent and Trademark Laws of Japan on Copyright Law of Japan |
| Keyword(1) | Amendment to the Copyright Act of Japan in 2018 |
| Keyword(2) | Limitation of Reproduction |
| Keyword(3) | Use in a test for the development or the practical use of technology |
| Keyword(4) | enjoying the idea or emotion expressed in the works |
| 1st Author's Name | Makoto Koike |
| 1st Author's Affiliation | Makoto Koike Microwave Research Institute(MK Microwave Research) |
| Date | 2018-12-06 |
| Paper # | SITE2018-59 |
| Volume (vol) | vol.118 |
| Number (no) | SITE-345 |
| Page | pp.pp.1-6(SITE), |
| #Pages | 6 |
| Date of Issue | 2018-11-29 (SITE) |