Saiko Saibansho Daiichi Sho Hotei
Japan Supreme Court First Petit Bench
Heisei 21 (Ju) no. 602, 603 (2011)
- Written by Eric Miller, JD
Facts
The Korean Film Export & Import Corporation (Korean Film) (plaintiff) was an entity of the government of North Korea. In 2002, Korean Film entered a contractual relationship with a Japanese company, Kanario Kikaku Ltd. (Kanario) (plaintiff), providing for the presentation of North Korean movies on Japanese television. In 2003, North Korea joined the Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention). Later that year, Fuji Television Network, Inc. (Fuji Television) (defendant) broadcast an excerpt from a North Korean movie as part of a segment on the North Korean media’s propaganda techniques. Korean Film and Kanario brought an infringement action against Fuji Television in the Japanese court system, arguing that Japan was obligated to protect North Korean works pursuant to the Berne Convention. The court’s ruling partly favored Korean Film and Kanario, despite the fact that Japan did not recognize North Korea as a legitimate nation. Fuji Television appealed to the Japan Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Sakurai, Miyakawa, Kanetsuki, Yokota, Shiraki, J.J.)
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