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1971: Film director loses copyright  10

T:

(The new copyright law) says, "Copyright belongs to the ”映画作者(production)" when Each author has promised the '映画作者(production)to participate in the production of the cinematographic work."
But no one can get involved in film production without making that promise. Everyone makes films after making that promise.
But (the new copyright law) says that all copyright belongs to the "映画作者(production=company, corporation)"

Other artistic fields were very much in favor of amending the old copyright law that came into force in 1899.
(When the debate on amending the new copyright law began) other creators welcomed the new law because copyright would be established for each novel and piece of music.

But movies were different.
(In the new copyright law) movies were treated separately.  *1

As a result, a fierce opposition movement arose against the article on movies.
(In the new copyright Law) the first article states that "copyright belongs to the author," but then in the middle, Article 29, it retracts its previous statement and reads, "In the case of movies, copyright belongs to the ”映画作者 (production=company, corporation)” whose title contains the character for "."
This issue has not been resolved to this day, and I think (this new Copyright Law) is the biggest problem with movie copyright.  *2

Movies are being broadcast on TV a lot these days.
The staff who made the movie should have the right to maintain the integrity of the movie (moral rights of the author). The protection of the right to maintain the integrity of the movie (moral rights of the author) is also written in the new copyright law.
Therefore, the staff who made the movie have the right to say to the TV station, "When this movie is broadcast, this is the most important part, so please don't cut it."
In the new copyright law, Article 16 states that people who are involved in the production, direction, direction, and filming (映画作者(film crew. without the "") are, at least, the authors. *3
So, if the movie they made is broadcast on TV, will they be paid royalties?
The answer is no according to the law.
Even if the staff say to the TV station, "Please don't cut it!", the TV station will turn them away, saying, "You're not the author."



*1 Under Japanese law, animation is included in film law.

*2 Nowadays, no one pays any attention to the definition of film copyright in the new copyright law, but at the time (the 1960s), there was a widespread opposition movement, including a statement of opposition from the Directors Guild of Japan. However, the only way to see records from that time is to look at old newspapers.

*3 The new copyright Law states in another article that "映画作者 (film creators)" without ""), that is, the producer on-site, director, and cinematographer, are the copyright holders. This is a part carried over from the old copyright Law.

However, within the same legal provision, there is a sentence that denies this. In other words, there is a contradiction within the law.
This kind of careless legal form has been accelerated by the ruling party in recent years. In particular, the recent revisions to copyright law have been nothing but ridiculous.
For example, the maximum fine for copyright infringement is 300 million yen. It is not a sound law to have a fine that is stricter than the fine for assault.
If We have the opportunity, We will introduce them on this blog someday.


by kiyubaru2020 | 2024-10-09 18:26 | 労働組合 Labor union