Porno Films Not Protected by Copyright Law.　Imitation of Film Content Does Not Constitute Infringement.

“AV Actress Interview” produced by Company A was released after the screening by Government Information Office (GIO) in Taiwan. However, another film with similar content was later launched into the market and then Company A accused the producer of this film of infringement. The judgments in the first and second instances both ruled that “AV Actress Interview” is a porno film detrimental to public order and good social customs and not protected by the Copyright Law. Company A lost this case accordingly.

 

It is clearly stated in the judgments that the Copyright Law is enacted to protect the copyrighted works that conform to social public interest and do not violate public order and good social customs. Where the content of a work created by a certain person violates the public order or good social customs, it is not protected by the Copyright Law.

 

In response to the complainant’s arguments that the GIO had screened this film in a professional way to decide on whether the content of this film violates the public order and good social customs and that porno films have enjoyed the protection by the copyright law in Japan, the judgment maintained that the judge shall hold the trials independently and not necessarily subject to any administrative orders, administrative sanctions, or replies to the court’s inquiries in writing made by competent authority ex officio. As for the protection over pornography in Japan, the judgment stressed that it is not necessary to apply other country’s laws or culture since each country retains its sovereignty and jurisdiction independently and the definition of public order and good social customs differ in diverse culture, social customs and practices. (2005.6)

CYJ/CCS