Sunday, November 8, 2015

[TPP] Japan Requires Complaint by Copyright Holder to Initiate Legal Action Against Derivative Work

The advisory body to the government on copyright matters had a meeting on Nov. 4 to examine direction on developing copyright law corresponding to TPP (Trans-Pacific Partnership).

One of questions is whether or not Article 18.77 6 (g) should be applied to not only an exact copy of an original work, but also its derivative work. On this issue, interestingly, even representatives of copyright holders on music, book and movie respectively expressed concern over the possible chilling effect, by applying it to the derivative work, on creative activities or fan art, cosplay, doujin manga to which copyright holders give silent approval.

After all, they agreed that this article should not be applied to such derivative works. Therefore, in Japan, this article will be applied only to piracy infringement which a copyright holder doesn't want. It was reported that there were no objections raised to this direction in the meeting.


Article 18.77: Criminal Procedures and Penalties 
 1. Each Party shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright or related rights piracy on a commercial scale. In respect of wilful copyright or related rights piracy, “on a commercial scale” includes at least:  
(a)  acts carried out for commercial advantage or financial gain; and 
(b)  significant acts, not carried out for commercial advantage or financial gain, that have a substantial prejudicial impact on the interests of the copyright or related rights holder in relation to the marketplace. 
 6. With respect to the offences described in paragraphs 1 through 5, each Party shall provide the following: 
(g)  Its competent authorities may act upon their own initiative to initiate legal action without the need for a formal complaint by a third person or right holder. 
[References]
TPP AGREEMENT CHAPTER 18  INTELLECTUAL PROPERTY
TPP AGREEMENT JAPANESE SUMMARY PUBLISHED BY GOVERNMENT
- Media Report on This News (Japanese)

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