Recently, The Shogi video copyright infringement case in Japan has received a lot of attention in the internet media. This case has raised fundamental problems about copyright in this era, especially for digital items like movies, games, and other information.
So, in this article, we will review the facts of this case, explain important concepts like copyright and fair use, and provide smart advice on intellectual property protection to content creators.
Being the top intellectual property law practice in Indonesia, at Am Badar & Am Badar we fully understand copyright laws, especially in the digital sphere. For a thorough review of this issue, see our article: A Brief Understanding of Infringement and Remedies in Copyright.
General Principles of Copyright
First, let’s define what copyright is before we explore further about copyright infringement. In a simple definition, copyright is a legal notion giving producers of artistic works the exclusive right to use and share their creations.
In Indonesia, like many other countries, the copyright automatically protects any original work once it is published on a tangible medium, like a digital file or physical copy.
This protection grants the copyright holder the exclusive right to make derivative works based on the original material, reproduce, distribute, and publicly exhibit. Here are the key concepts of copyright:
1. Copyright Ownership
In most cases, the author of an original work owns the copyright. Still, legal agreements could transfer ownership, as in the case of commissioned or contractual works.
2. Protected Works
Copyright protects a broad variety of creative works, including books, music, films, software, and artistic creations. This also applies to digital resources like blogs, movies, websites, and social media postings.
3. Infringement
Copyright infringement happens when a protected work is utilized without the authorization of its owner. This may involve the unlawful reproduction, distribution, or public performance of the work, as well as the development of derivative works. To identify an infringement, numerous variables are considered:
- Substantial similarity
It is an infringement if the new work closely resembles the original in significant expressive components; nonetheless, fair use may allow for some little resemblance.
- Commercial usage
Profitably exploiting copyrighted content without permission is usually seen as an infringement. Fair use may also let non-commercial uses be more flexible.
- Distribution
Making unlawful copies of a work often violates the exclusive ownership of a copyright holder, regardless of monetary motive.
Understanding the Shogi Case
Now, let’s study a real-life case of an infringement. The Shogi case in Japan is an excellent illustration of how digital copyright concerns may become problematic.
This case involves a YouTuber mimicking a “kifu”, a Shogi game recording, which set up a legal dispute over whether the actions constituted copyright infringement. The details are as follows:
1. Background of the Case
The lawsuit began after a YouTuber captured Shogi players’ behavior during a game, mirroring a live session broadcast by Igo & Shogi Channel Inc. Then the YouTuber uploaded this footage on YouTube.
The defendant, Igo & Shogi Channel Inc., asked YouTube to have the video taken down citing an infringement. As a consequence, YouTube suspended the video, causing the YouTuber to launch a lawsuit seeking compensation.
2. What is Kifu?
“Kifu” is a traditional Japanese name for a record of movements performed during a Shogi game. It gives gamers a historical record and an analytical tool so they can go over and evaluate previous performance.
In this case, the primary concern was whether a “kifu” qualified as an original work covered by copyright or just an objective fact open for use by anybody.
3. Arguments and Outcome
As a result of this claim, the Osaka District Court decided in favor of the YouTuber, ruling that a “kifu” is a true record of a game and so does not qualify for copyright protection.
The court decided that the plaintiff’s film did not breach the defendant’s copyright as it only captured the motions of the game, which are regarded as objective facts rather than artistic creations. All things considered, there isn’t a copyright infringement.
Then, the court concluded that the defendant needed to pay the plaintiff damages of 1.2 million JPY and cancel its claim to have the video deleted.
Lessons from the Shogi Case
Particularly for people living in the digital age, the Shogi case provides much perceptive commentary on copyright law. Let’s take a look at its implications for copyright laws as well as creators of digital content:
1. Implications for Copyright Law
First, here are some of the consequences of this case for the copyright law:
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Objective Facts vs. Creative Expression
This case highlights the difference between objective facts and creative expression. Copyright protects creative statements but not facts like the Shogi moves. Content creators who use real information must understand this distinction.
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Fair Use and Free Use
The verdict also underscores copyright law’s fair use or free use concept. The court’s ruling showed that including factual facts in a video, even from another’s broadcast, may not breach copyright. This gives content makers who use accurate information more freedom.
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Digital Content and Copyright Enforcement
Moreover, the case shows how difficult digital copyright enforcement is. The defendant’s attempt to remove the clip from YouTube shows copyright holders’ difficulties policing internet use. It also emphasizes the need for digital copyright limits.
4. Implications for Digital Content Creators
For content creators, the Shogi case serves as a warning to think carefully about the kind of material they utilize in their work. One must distinguish between creative statements covered by copyright and scientific facts non-protected by copyright.
This knowledge may assist prevent future legal problems like copyright infringement and guarantee that artists respect the intellectual property rights of others while public use of readily accessible materials.
What Insights Can Be Gleaned?
All things considered, the Shogi case provides a perceptive study for content creators as well as for those practicing copyright law. In the digital era, one has to understand the subtleties of copyright protection as well as the restrictions on what might be claimed as a protected work.
So, content creators should be aware that not all content, especially factual records, is protected by copyright, and that using such material may not necessarily lead to infringement claims.
Also, this case further underlines the significance of getting legal advice when addressing difficult copyright issues. Dealing with a seasoned IP law firm like Am Badar & Am Badar might be very beneficial in helping you negotiate these challenges.
To find out more about our copyright services, visit our services page, our insights page, or contact us directly. Reading this: How to Resolve Copyright Disputes without Infringement can also assist you in getting more insight on copyright infringement and disputes.
