[Article] Agreements Not to Exercise Authors’ Moral Rights: A Law-and-Economics Analysis (Nobuko Kawashima, Intellectual Property Law and Policy Journal, Vol.
Updated: 6 hours ago
Article information
Article type: Publication review
Category: Other Japanese law
Topics: Moral rights
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-04-14 (Japan time). Full English translation.
[Article] Agreements Not to Exercise Authors' Moral Rights: A Law-and-Economics Analysis (Nobuko Kawashima, Intellectual Property Law and Policy Journal, Vol. 29 (2010))
Nonexercise agreement = an agreement by which an author undertakes not to exercise their own moral rights
Under Japanese law, authors' moral rights cannot be assigned and continue for a certain period after the author's death.
Recognizing authors' moral rights imposes verification costs on third parties as works circulate from one party to another, but benefits some stars because their works command a premium. (For the many other artists, this new burden worsens compensation and terms.)
Translator’s notes (editorial)
The source title is truncated at “Vol.”; retained. The statement that moral rights continue after death is translated as written, without legal correction.
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