Copyright in Broadcasts: Japan Strays
Megumi Ogawa · SSRN Electronic Journal · 2001
This article will consider whether in whose introduction in Japan has recently been advocated, is equivalent to in broadcasts, which already exists in many common law system countries including Australia. Generally, common law system countries have protected broadcasts by recognising copyright in broadcasts. Japan, a civil law system country, has protected like most other countries with a civil law system, by recognising neighbouring rights. However, Japan has witnessed difficulties in using neighbouring rights to give effective protection to broadcasts as a result of recent developments in digital technology. The article, first, explains why Japan has recognised neighbouring rights for broadcasting organisations rather than recognising copyright in broadcasts. It then introduces examples illustrating that the rights of broadcasting organisations do not prevented piracy. Lastly, the article analyses copyright in broadcasts which Japan is considering introducing.