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Old 2008.07.28, 05:58 AM   #14
benkai ringo
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Join Date: Sep 2006
Location: Finland
Posts: 61
benkai ringo pleased at least somebody
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I think everything comes down to a thing called reproduction,
and aint that basically what we are doing, when someone out
there puts images of Shiina/TJ or music done by them for public.
Through their very own made dedicated fan-websites, blogs/forums?

Shall me quote this: from cric.

Pre-existing works such as texts, pictures, photos, etc. are quite often incorporated into web pages and blogs, and it means that the act of reproduction takes place by storing such works within the memory of the server. This act, of course, calls for the authorization of the author. Article 30 of the Copyright Law provides for an exception for reproduction for private use, and the reproduction of a preexisting work in a personal web page (not a web page of a company for profit-making purposes) may seem to be covered by this exception. However, storing a work in the server to make a web page is to reproduce the work not for personal use but for transmission to the public, and therefore, the above article does not apply to such a case.

Also, as the web page or the blog is transmitted to the public, the person who makes the web page or blog, making use of preexisting works should obtain the authorization of the relevant authors not only for reproduction but also for public transmission.
The above is the general principle, however, there are some points which need further clarifications in terms of other exception provisions.

Paragraph (2), Article 32 of the Copyright Law provides for, "It shall be permissible for the press or other periodicals to reproduce informatory, investigatory or statistical data, report and other works of similar character which have been prepared by organs of the State or local public entities or independent administrative organs for the purpose of public information and which have been made public under their authorship, provided that the reproduction thereof is not expressly prohibited." Therefore, preexisting works can be reproduced without authorization "for the press or other periodicals". However, a web page or a blog does not seem to correspond to "the press or other periodicals", and therefore, authorization seems to be necessary to reproduce such a work in a web page, according to the provision of the Law.

There could be an opinion that, as the informatory,
investigatory or statistical data, report and other works of similar character which have been prepared by organs of the State or local public entities or independent administrative organs are made for the purpose of public interests, such organs or entities will not complain of such a use. However, if someone takes this opinion he/she should make use of the work at his/her own risk.

Last edited by benkai ringo : 2008.07.28 at 06:52 AM. Reason: Edited things :3
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