[Copyright] Tokyo District Court, Case No. 2024 (Wa) 70368
更新日：3 時間前
Article information
Categories: Copyright
Topics: Moral rights / Licensing
Published on this website: 2026-09-29
[Copyright] Tokyo District Court, Case No. 2024 (Wa) 70368
(Presiding Judge Nakajima)
[Issue 1] No infringement of the right of public transmission
The subtitle translator undertook the translation work on an "all rights clear" basis.
⇒ In light of the course of negotiations and the ordinary meaning of the wording, this includes, at a minimum, permission for uses such as DVD sales and TV broadcasting.
[Issue 2] Infringement of the right of attribution
The "all rights clear" agreement does not also include an agreement not to exercise the right of attribution (an author's moral right).
[Issue 3] No negligence by the broadcasters, etc.
Businesses handling an enormous number of works were not negligent in relying on representations and warranties from their direct contractual counterparties (warranties that rights clearance was complete).
*By contrast, negligence was found on the part of the production company that directly commissioned the subtitle production (defendant Fieldworks).
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