I didn’t find any r/japanlaw or other subreddits where this topic could be more narrowed down, but I hope posting here is still appropriate.
From my basic understanding, intellectual property in Japan seems to differ from the commonly shared idea in the West. I have lived in several countries, all of them in the West, and they generally have a similar approach to how intellectual property works.
While reading about intellectual property in Japan, which is defined as “property produced through creative activities by human beings,” I learned that the creator generally remains the holder of the moral rights of the work, unless there are specific clauses in a contract that limit the exercise of those rights. At the same time, the economic rights can be sold or transferred, often to a company.
This way of structuring intellectual property made me think about how it may contribute to the broader success of creative industries in Japan, since it places strong value on the role of the creator. Of course, I understand that in reality it is not that simple and depends heavily on contracts and individual cases. (I would go more in depth but the post would’ve been too long).
I was hoping to ask if anyone here is familiar with any relevant cases and would be willing to share them, either in the comments or by private message. And if you are a lawyer or work in this field, I would be truly grateful for any discussion or insight. Thank you so much for taking the time to read this.
I’m happy to translate any Japanese cases myself, so anything you share will be helpful.
by enotnemez