Keyword: Japan

An alternative universe? Authors as copyright owners- the case of the Japanese Manga Industry external link

Schroff, S.
Creative Industries Journal, vol. 2019, 2019

Abstract

Comics today are a major business and they form the source material for a whole range of sectors in the creative industries. In an environment where major investments are necessary to turn a comic into a cross-media success, commercial intermediaries such as Disney have become the key copyright holders. By controlling the copyright, they ensure full control over all aspects of its monetisation. However, this is not the only way success can be achieved on a commercial scale. In Japan, the creators of comics (Mangaka) keep their copyright- a direct contradiction to current copyright thinking. This paper addresses this conundrum by examining both the Manga business and copyright law to identify if the reasons why copyright is not centralised in the hands of the commercial intermediary, especially the publishers. The analysis will show that while there are differences between Japan and the EU/US, but these do not affect the role of copyright law and indeed failing to acquire the rights is a choice, not a necessity. Instead, this article will highlight that the competitive Manga market in combination with the uniquely Japanese publication right and social control best explain why Mangas are successful and Mangaka keep their rights.

business model, commercial intermediaries, Copyright, frontpage, Japan, Manga, windowing strategy

Bibtex

Article{Schroff2019, title = {An alternative universe? Authors as copyright owners- the case of the Japanese Manga Industry}, author = {S. and Schroff}, url = {https://www.tandfonline.com/doi/full/10.1080/17510694.2018.1563420}, year = {0131}, date = {2019-01-31}, journal = {Creative Industries Journal}, volume = {2019}, pages = {}, abstract = {Comics today are a major business and they form the source material for a whole range of sectors in the creative industries. In an environment where major investments are necessary to turn a comic into a cross-media success, commercial intermediaries such as Disney have become the key copyright holders. By controlling the copyright, they ensure full control over all aspects of its monetisation. However, this is not the only way success can be achieved on a commercial scale. In Japan, the creators of comics (Mangaka) keep their copyright- a direct contradiction to current copyright thinking. This paper addresses this conundrum by examining both the Manga business and copyright law to identify if the reasons why copyright is not centralised in the hands of the commercial intermediary, especially the publishers. The analysis will show that while there are differences between Japan and the EU/US, but these do not affect the role of copyright law and indeed failing to acquire the rights is a choice, not a necessity. Instead, this article will highlight that the competitive Manga market in combination with the uniquely Japanese publication right and social control best explain why Mangas are successful and Mangaka keep their rights.}, keywords = {business model, commercial intermediaries, Copyright, frontpage, Japan, Manga, windowing strategy}, }

The Japan EU Economic Partnership Agreement: Flows of Personal Data to the Land of the Rising Sun external link

Bartl, M. & Irion, K.
2017

Abstract

At the EU-Japan Summit in July this year the European Union (EU) and Japan have achieved a political agreement in principle on the content of the Japan EU Economic Partnership Agreement. For Japan including data flows in the trade deal with the EU has been an important political goal besides mutual recognition of their privacy laws. The EU is currently not favorably disposed to allow data flows provisions into trade deals. Building a ‘state of the art’ digital economy between Japan and the EU is certainly possible in conformity with their data privacy laws and the classical trade law disciplines. Our brief unpacks how flows of personal data will governed in the relationship between Japan and the EU. As a point of departure we look at the extent to which the prospective trade deal between the two economies would already cover data flows, including personal data. Next, we will take a look at the prospects for a regulatory handshake between Japan and EU providing for mutual recognition of data privacy and flows of personal data. The brief concludes with findings and recommendations on the future directions of Japan EU Economic Partnership Agreement.

Data protection law, frontpage, Japan, Personal data, trade agreements

Bibtex

Other{Bartl2017, title = {The Japan EU Economic Partnership Agreement: Flows of Personal Data to the Land of the Rising Sun}, author = {Bartl, M. and Irion, K.}, url = {https://www.ivir.nl/publicaties/download/Transfer-of-personal-data-to-the-land-of-the-rising-sun-FINAL.pdf}, year = {1025}, date = {2017-10-25}, abstract = {At the EU-Japan Summit in July this year the European Union (EU) and Japan have achieved a political agreement in principle on the content of the Japan EU Economic Partnership Agreement. For Japan including data flows in the trade deal with the EU has been an important political goal besides mutual recognition of their privacy laws. The EU is currently not favorably disposed to allow data flows provisions into trade deals. Building a ‘state of the art’ digital economy between Japan and the EU is certainly possible in conformity with their data privacy laws and the classical trade law disciplines. Our brief unpacks how flows of personal data will governed in the relationship between Japan and the EU. As a point of departure we look at the extent to which the prospective trade deal between the two economies would already cover data flows, including personal data. Next, we will take a look at the prospects for a regulatory handshake between Japan and EU providing for mutual recognition of data privacy and flows of personal data. The brief concludes with findings and recommendations on the future directions of Japan EU Economic Partnership Agreement.}, keywords = {Data protection law, frontpage, Japan, Personal data, trade agreements}, }