The supreme court of Japan made a judgment
stating that the service of transfer of Japanese TV programs to customers
overseas is infringing on their copyrights of broadcasting companies. There are
two companies of defendants of alleged infringement and one is different from
another slightly. One company has a hard disk recorder inside Japan, which is
parent machine, and a customer overseas receives TV program by a child machine
which is transferred through internet line connected with its parent. The
company rents a set of machine ( parent and child ) to a customer. Another company asks a customer to buy the
machine which transfers TV program to overseas, and keeps it for the customers
inside Japan and furnishes TV program by them. Copyright owners brought lawsuits
against these two companies, and the Supreme court made judgements on them at
the same time. If the meaning of “ infringing act” is interpreted in a literal
sense, none of two companies infringe copyrights of TV program because their
customers copy programs and two companies only provide the system which enable
customers to copy. But the judge regarded two companies as infringers by means
of abstract way of thinking and concluded that the providers of alleged system
themselves infringe copyrights of programs. The supreme court has made a leading
judgment on the case of Karaoke, in which the bars having Karaoke machine and CD
infringing copyrights of music provided them
to customers. The owners of bars only provide machines and places to infringe
copyrights and their customers infringe them by using Karaoke machines and
singing copied music. The judge of the court regarded the bar owners as
infringers of copyrights.
|