The legal regulation of comics as copyright objects in Japan

The article is devoted to the study of Japan's experience in 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 a works.

Authors

Publication Details

Journal
Theory and Practice of Intellectual Property
Published
2025-03-27
DOI
https://doi.org/10.33731/1-22023.277146
Primary Topic
Digital Rights Management and Security
Type
article
Field-Weighted Citation Impact
0.00
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article

The legal regulation of comics as copyright objects in Japan

Ольга Улітіна
Theory and Practice of Intellectual Property
Digital Rights Management and Security
article

The legal regulation of comics as copyright objects in Japan

Ольга Улітіна
article en

Abstract

The article is devoted to the study of Japan's experience in 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 a works.

Theory and Practice of Intellectual Property(1-2)
Openalex Percentile: Top 93%
Digital Rights Management and Security
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