Theory and practice of intellectual property
№ 1-2 / 2023

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

PDF (Ukrainian)

DOI: https://doi.org/10.33731/1-22023.277146

Submitted     2023-02-19
Accepted      2023-02-28
Published      2023-03-27

The legal regulation of comics as copyright objects in Japan

Olha Ulitina
PhD in Law, Academic Secretary at the Scientific Research Institute of Intellectual Property of National Academy of Legal Science of Ukraine
Україна
https://orcid.org/0000-0003-0230-9477

Abstract
The article is devoted to the study of Japan’s experience in the legal regulation of the manga industry. Since the phenomenon of manga is of great importance to Japan, it is appropriate to study its experience in this field. Manga is an important cultural and economic phenomenon in Japan. The manga industry is developing and has a positive effect on economic processes in the country and on its image abroad. This became possible thanks to the effective legal regulation of the industry.

Copyright law is at the heart of the commercial success of manga, as copyright mechanisms are used to effectively monetize copyrighted works. In addition, the control of the manga market by rights holders is facilitated by Japan’s antitrust laws, which regulate the price of works.

Japan’s experience in the creative manga industry development and in terms of the application of copyright regulations can be of great importance for Ukraine. The publishing industry in Ukraine today has a large number of problems, the solution of which can be borrowed in Japan’s experience.

Japan’s copyright legislation has few differences from the legislation of Western countries or Ukraine, but it still has its own characteristics, which are important to ensure the development of the creative industries market, including manga.

The article also examines Japan’s experience with approaches to combating mangaka’s copyright infringement. The most common violations in this area include the creation of doujinshi and scanlation. However, both of these violations are not viewed by manga market participants as something that brings losses, but on the contrary, has a positive effect. Doujinshi makes the original manga more popular, expands the market and increases competition. Scanlation opens the possibility of publishing manga abroad and popularizes it in other countries.

Analysis of Japan’s copyright legislation made it possible to develop several proposals and recommendations for improving Ukraine’s copyright legislation. In particular, regarding the definition of the concept of a work, as well as an interesting approach regarding the rights of the author of the original work on derivative works during the use of such works.

Keywords: intellectual property rights, copyright, copyright law, Japan copyright, comics, manga

References

Schroff S. An alternative universe? Authors as copyright owners the case of the Japanese Manga Industry. Creative Industries Journal. 2019. Vol. 12:1. P. 125−150.

Doyle G. Digitization and Changing Windowing Strategies in the Television Industry: Negotiating New Windows on the World. Television & New Media. 2016. Vol. 17(7). P. 629−645.

Schendl E. Japanese Anime and Manga Copyright Reform. Wash. U. Global Stud. L. Rev. 2016. Vol. 15.
https://openscholarship.wustl.edu/law_globalstudies/vol15/iss4/12

Mehra Salil K. Copyright and Comics in Japan: Does Law Explain Why All the Cartoons My Kid Watches are Japanese Imports? Rutgers Law Review. 2022. Vol. 55.
https://ssrn.com/abstract=347620

Novella Giovanna, Gede Sri Darma. Scanlated vs. Physical Japanese Comic “Manga. International Journal of Innovative Science and Research Technology. 2019. Vol. 4, Issue 1. P. 630−636.

Lee H. K. Between fan culture and copyright infringement: manga scanlation. Media, Culture & Society. 2009. Vol. 31. P. 1011-1022.

Copyright Law of Japan (Act No. 48 of 1970) (Updated 24. June. 2021).
https://www.cric.or.jp/english/clj/doc/20210624_law.pdf

Про авторське право і суміжні права: Закон України від 01 грудня 2022 р. № 2811-IX. Офіційний Вісник України 2023 р., № 3, ст. 74.

OECD (1997), ‘Resale Price Maintenance’, OECD/GD(97)229. 
https://www.oecd.org/daf/competition/1920261.pdf