copyright

May 31, 2017

Is it possible to sell a copyright in Japan?

Licensing a copyright isn’t the only way to monetize it.  It is also possible to sell all or part of a copyright to other parties.  Selling a copyright in its entirety is relatively simple and easy to understand, but selling a copyright in parts is also a valid way for the copyright owner to make the most efficient use of his or her intellectual property.
May 30, 2016

How are damages calculated in a copyright infringement case in Japan?

Winning a copyright infringement action in Japan usually entitles the copyright owner to money damages from the infringing party. The three main types of damages awarded in copyright infringement cases are: damages based on the unlawful profit, damages based on the lost profit and damages based upon a reasonable license fee.  Which type of damages a copyright owner chooses to pursue can have a big impact on the amount of money recovered in successful litigation.
May 11, 2016

How do you prove copyright infringement in Japan?

Copyright infringement is when a party other than the copyright owner makes an unauthorized reproduction of the copyright.  While this issue may seem fairly straightforward, it is important for the copyright owner to collect the necessary evidence before pursuing a claim.  The copyright owner should be able to show that the infringing party knew about the copyright, the infringing work is similar and that the infringing party profited from the unauthorized use of the copyright.
February 23, 2016

What types of things can be covered by copyright law?

To receive the protection of copyright law in Japan, an object must contain the “thoughts or sentiments” of its creator. While this sounds like a very deep and existential question it is broadly interpreted to mean some indication of human mental activity. This means that natural objects or art created by animals cannot be copyrighted.