1971: Film director loses copyright 12

H:

Who is the "film producer" under Article 29 (of the new Copyright Law)?

Let me confirm this with you all once again.
Who exactly is a "映画製作者/film producer"?

Look at Article 2, paragraph 10. Here you will find the definition of a ”映画製作者/film producer".
"It means a person who has the initiative and responsibility for the production of a cinematographic work."
Initiative is called "initiative" in English, but (in Japanese law) it ultimately means "the person who provides the money."

According to the explanation of the drafter of this law (an official at the Agency for Cultural Affairs), "For example, if someone plans to make a film and entrusts it to a film company, the original planner or entruster does not become the”映画製作者/film producer"."
In other words, even if someone says "I want to make this kind of film" and sells it to a film company, that does not "constitute an initiative" and "is not a producer."
A person who receives an order, says "let's do it," and produces the film at their own financial expense becomes a film producer.
So, in essence, "film producer = film company/film enterprise."

When this law was enacted in 1971, we had many discussions asking, "What on earth is this!?"
It was a well-known fact that behind the special provision in the Copyright Law for "attribution of film copyright" was the enormous pressure from film enterprises.
I think it's good for you all to remember that this was what happened during the legislative process (of this new Copyright Law).

(The new Copyright Law) stipulates that the property rights of a film do not go to the author, but to the "producer in question," but films can be classified into several categories based on the production process and purpose.
The Copyright Law also stipulates that, in addition to feature films, there are two other cases.

One is a film that is broadcast solely by a broadcaster as a technical means of broadcasting, as stated in Article 29, paragraph 2, and the other is a film produced by a corporation, as stated in Article 15.　*1

Article 29, paragraph 2 states, "Among the copyrights in cinematographic works produced by a broadcasting organization solely as a technical means for broadcasting, the following rights shall belong to that broadcasting organization as the producer of the film."
I think this is the same as Article 29, paragraph 1 (film producer = company), but I would like to go into the details another time.


*1 At the time, the word "animation" was not in the law, but experts interpreted it as being included in film, by tacit understanding.
In 2001, the LDP and right-wing Prime Minister Koizumi realized that Japanese anime could be a moneymaker, and created several art laws that were the first to use the word animation, using it to make money for the state and large corporations.
These laws were passed unanimously the last time.
A Diet member said, "Art is difficult and hard to understand, so I'm glad they decided it by law."
This is one of the episodes that shows Japan as a country that is backward in human rights and culture at the same time.