A Study of Neighbouring Rights─Experience from Japanese Neighbouring Right System

• Main Authors: Hsiang-Yun Lee, 李湘雲
• Other Authors: Ming-jye Huang
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/11118305286387413178

碩士 === 中原大學 === 財經法律研究所 === 92 === Abstract “Neighboring rights” is a new law system created to accommodate copyright to the new technology. Since during the process of propagate the works of the author, the propagator has already invested in a tremendous amount of manpower and resource in fusing into the personal creativity. As for the handing down and development of the culture, it plays a decisive position, and granting the rights of protection similar to copyright, which is necessary. During the end of nineteen century, the international society has already valued the importance of neighboring rights; until the conclusion of Rome Convention in 1961 it has become world’s first international neighboring rights treaties. What followed, the international neighboring right such as “Geneva Phonograms Convention”, “Brussels Satellite Convention”, “TRIPS” and “WPPT”, and so on, have all based on Rome Convention as blueprint. At 1970, Japan has based on Copyright Law of Japan, chapter four, setting the “neighboring rights” as the special chapter, which followed by the international pulsation level to make amendment; the content was detailed and complete, possessing the cautious and précised characteristic of Civil Law System, which is the reason why this article has based Japanese neighboring rights as the focus of the research. This article will first introduce the origin, development and content of the neighboring rights, and to make a comparison with the relationship of its copyrights, and next is to aim at the standard of the neighboring rights concerning the International Convention to conduct a scanning. And then from the evolution of Copyright Law of Japan, to discuss the formulation of Japanese neighboring rights and the process of its amendment, and concerning the regulation of its subjective and objective rights, rights’ content, protective period, right’s restriction, to conduct discussion. What followed, to make a comparison between International Conventional and the standard of Japanese neighboring rights with our nation’s copyright law in relation to the regulation of neighboring rights. Finally, to aim at the regulation of neighboring right concerning our nation’s copyright law and its deficiency to conduct a discussion, and to present formulation of its feasibility for the neighboring rights.