Comments on: Japanese court awards damages for unauthorised use of newspaper headlines http://www.lawfont.com/2005/10/16/japanese-court-awards-damages-for-unauthorised-use-of-newspaper-headlines/ an analysis of law, technology, economics, and policy Thu, 29 Dec 2011 19:59:43 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: sarah http://www.lawfont.com/2005/10/16/japanese-court-awards-damages-for-unauthorised-use-of-newspaper-headlines/comment-page-1/#comment-21 sarah Mon, 17 Oct 2005 23:10:04 +0000 http://www.lawfont.com/?p=69#comment-21 Thanks for the clarification. Detailed information on the decision was hard to find. Thanks for the clarification. Detailed information on the decision was hard to find.

]]> By: Megumi http://www.lawfont.com/2005/10/16/japanese-court-awards-damages-for-unauthorised-use-of-newspaper-headlines/comment-page-1/#comment-17 Megumi Mon, 17 Oct 2005 08:31:37 +0000 http://www.lawfont.com/?p=69#comment-17 The Court denied copyight in the headlines in question, not because copyright cannot be recognised in headlines but because creativity was not recognised in the headlines at issue. The Japanese Copyright Law, unlike the Australian Copyright Act 1968, does not specify the forms of material to be protected by copyright. So it is a wrong question to ask whether or not headlines can be protected under the Japanese Copyright Law. The orders were made under a torts general provision of the Civil Code as the appellant's interests as mass media were harmed by the respondent's act. The Court denied copyight in the headlines in question, not because copyright cannot be recognised in headlines but because creativity was not recognised in the headlines at issue. The Japanese Copyright Law, unlike the Australian Copyright Act 1968, does not specify the forms of material to be protected by copyright. So it is a wrong question to ask whether or not headlines can be protected under the Japanese Copyright Law.

The orders were made under a torts general provision of the Civil Code as the appellant’s interests as mass media were harmed by the respondent’s act.

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