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Japan

JP035-j

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1999 (Ju) 922, Minshu Vol.55, No.4 at 837

Date of Judgment: June 28, 2001

 

Issuing Authority: Supreme Court

 

Level of the Issuing Authority: Final Instance

 

Type of Procedure: Judicial(Civin( �b>

 

Subject Matter: Copyright and Related Rights (Neighboring Rights)

 

Summary of the judgment (decision):

 

1. The adaptation of a literary work means the creation of another work in which those who have access to it may directly perceive the essential characteristics of the expression of an existing work, based upon an existing work and by maintaining the essential characteristics of its expression, modifying, increasing or reducing, or altering its specific expressions, and newly expressing thoughts of feelings in a creative manner.

2. An act of creating a literary work which is identical to an existing work merely in a part which is not in itself an expression, or a part which has no creativity in expression such as the thought, feeling, or idea, facts or incidents is not an adaptation of an existing literary work.

 

(Translated by Sir Ernest Satow Chair of Japanese Law, University College, University of London)