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芸術的スポーツの著作権法による ... - ssf.or.jp

20 1996 IOC Olympic Review . Sport and Copyright .. IOC .. 2017 10 24 31. World Figure Skating Museum .. 202-0021 3-4-1 79 . 58 2017 .. A study on the applicability of copyright law protection in artistic sports 1.. Focusing on figure skating in Japan and the United States . Tatsuki Machida*.. Abstract In 1996, nearly two decades ago, an article ( Sport and Copyright ), discussing the relationship between sports and copyright laws, first appeared in Olympic Review, a bulletin published by the In- ternational Olympic Committee (IOC). This article examined the possibility that sports performances may be protected under copyright laws. Having asserted the similarity between choreographic works and artistic sports performances in, for instance, figure skating and rhythmic gymnastics, the article presented the view that artistic sports performances which express a human thought that bears the mark of their author's personality can be protected by copyright.

58 2017年度 笹川スポーツ研究助成 芸術的スポーツの著作権法による保護の妥当性に関する研究 ―日・米のフィギュアスケートを中心に― 町田 樹

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Transcription of 芸術的スポーツの著作権法による ... - ssf.or.jp

1 20 1996 IOC Olympic Review . Sport and Copyright .. IOC .. 2017 10 24 31. World Figure Skating Museum .. 202-0021 3-4-1 79 . 58 2017 .. A study on the applicability of copyright law protection in artistic sports 1.. Focusing on figure skating in Japan and the United States . Tatsuki Machida*.. Abstract In 1996, nearly two decades ago, an article ( Sport and Copyright ), discussing the relationship between sports and copyright laws, first appeared in Olympic Review, a bulletin published by the In- ternational Olympic Committee (IOC). This article examined the possibility that sports performances may be protected under copyright laws. Having asserted the similarity between choreographic works and artistic sports performances in, for instance, figure skating and rhythmic gymnastics, the article presented the view that artistic sports performances which express a human thought that bears the mark of their author's personality can be protected by copyright.

2 In particular, since sport itself had previously been indiscriminately rejected as a copyrightable genre, it is greatly significant that the IOC. officially acknowledged in the media that artistic sports may be copyrighted. Subsequently, several writers addressing the copyrightability of sports began to appear both domestically (in Japan) and overseas. However, the commentators in Japan comprise those who advocate and those who do not ad- vocate the protection of artistic sports performances under copyright laws; this debate seems to continue without an end. In the context of such issues, this study aims to provide a conclusion for this ongoing debate by clarifying the copyrightability of artistic sports, which, until now, has never been thoroughly pursued in the fields of either legal scholarship or sports sciences. Specifically, the paper collates both domestic and overseas research on the relationship between artistic sports and copyright laws as exhaustively as possible and addresses research trends and doctrines surrounding the copyrightability of sports.

3 Fur- thermore, by analyzing academic discussions and court cases related to the topic of this paper, the paper considers artistic sports performances (both choreography and actual performance) as criteria for pro- tection under copyright laws and clarifies the copyrightability of such performances. Finally, the paper addresses the core question of whether there is an actual need of protecting artistic sports via copyright laws from the perspective of historical research on artistic sports, based on an overseas survey (con- ducted on October 24-31, 2017, at the World Figure Skating Museum in Colorado, US). Key Words artistic sports copyright neighboring right archive figure skating * Waseda University Graduate School of Sport Sciences, in the Building Waseda University, 3-4-1 Higashifushimi Nishitokyo Tokyo Japan, 202-0021. 2017 59.. 20 1996 . IOC Olympic Review .. Sport and Copyright .. AS .. Voilloz, 1996, . IOC .. AS.

4 AS AS.. AS .. IOC .. AS .. Voilloz, 1996; Griffith, 1998; Weber, . 2000; Jesien, 2007; Bussey, 2013, Mezei, 2017 .. AS .. $6 .. 2. 1 1 .. 60 2017 .. AS . 2 . 2 1 3 . AS 1.. AS AS 3 .. AS . 4 . AS .. $6 $6 AS .. AS 5 . AS .. 6 .. AS .. AS .. AS . World Figure Skating Hall of . Fame and Museum . 2017 10 24 31 .. AS .. 7 .. AS . AS .. AS.. $6 .. AS . $6 . A B C .. AS .. A .. 2017 61.. , 2016, A C . AS .. AS .. B AS .. $6 . 10 World Figure Skating Museum . , 2013 300 1923. 12 . Skating . C . AS 19 .. 59 . 2 10 56 1486 . 16 1 78 1111 134 .. 10 11 20 Art of Skating . 8 19539 Brokow, 1910 . 30 4 841-955 . 19 20 . 13 . 12 18 13 14586 19 . WEB.. 14 12 . 26 11 358 WEB.. 15 3 6 . 14 26691 WEB.. 21 8 28 . 20 4692 WEB.. 22 . 12 13 22 10069 . WEB.. Shall we 24 2 . 28 20 9300 . WEB.. 26 8 . 28 25 10068 . 2238 91-105 . AS . AS .. 62 2017 .. AS AS 1.. JASRAC.. AS .. AS.. 1 .. 2013 2014 . AS AS.. AS AS .. 8 , 2011 .. AS . AS . 2018 . World Figure Skating Museum.

5 1920 3500 . DVD .. AS . AS .. AS .. AS . 1 Jesien 2007 .. AS 2 1996 .. AS 2007 . 2012 .. 2012 . 2014 .. AS 3 2006 . 2010 . 2017 63.. 2011 . 2014 .. 2016 2015 1. 4 2007 . 2008 3 2 .. 2012 . 2015 . 2013 . 2014 . 2014 .. 2015 2009 . 14 15 (1) 85-94 . 5 2005 Griffih, Wm. Tucker 1998 Beyond the Perfect Score: . 2010 . 2013 . Protecting Routine-Oriented Athletic Performance 2014 . 2014 . with Copyright Law . Connecticut Law Review, 2016 30 675-730. 6 2008 2012 .. 2009 . 2002 .. 2013 . 2014 . 2014 . 2014 . 2015 . Jesien, Karolina 2007 Don't Sweat It: Copyright 7 Protection for Are Exercise Routines Next? . 2013 Cardozo Public Law, Policy & Ethics Journal, 5 . 2013 . 2014 623-654. 2013 6 .. 8 . 2005 .. 2007 . 3 .. 2010 Mezei, P ter 2017 Copyright Protection of Sport Moves . Bonadio, Enrico. & Lucci, Nicola eds.. 2014 . Non-Conventional Copyright, Edward Elger, Forthcoming. 2006 2013 . Brokow. Irving 1910 Art of Skating. Applewood.

6 Books. 27-52 . 2000 2014 2 .. 2001 . 2017 2016-2017 28 2-11 . 2014 67 (5) . Bussey, Alexander. 2013 Stretching Copyright to Its 66-76 . Limit: On the Copyrightability of Yoga and Other 2013 . Sports Movements in Light of the Copyright . Office's New Characterization of Compilations . 2012 . Jeffrey S. Moorad Sports Law Journal, 20 (1) .. 1-33.. 2014 2008 2 .. 1996 . 35-51 2010 4 .. 2012 2007 3 .. 64 2017 .. 2013 .. 7-26 1.. 2014 . 2013 . 40 214-224 . 2013 . 2016 . 2 .. 2011 . 51 (601) 2-28 . 2016 3 . 2001 2 . 2002 . , 68 (4 5) 61-81 . 2012 .. 181-209 . Voilloz, Fran ois 1996 Sport and Copyright . Olympic Review, XXV-8 60-63. 2011 . 50(598) 55 . Weber, Loren. J. 2000 Something in the Way She Moves: The Case for Applying Copyright Protec- tion to Sports Moves . Columbia-VLA Journal of Law & Arts, 23 317-361. 2009 10 .. 2017 65.


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