Date of
Judgment: January 20,
2011
Issuing
Authority: Supreme Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure: Judicial (Civil）
Subject
Matter: Copyright and Related
Rights (Neighboring Rights)
Summary
of the judgment (decision):
In terms
of the service of making it possible to acquire reproductions of broadcast
programs, etc., where the person who provides such service, under the person's management
and control, inputs the broadcasts received by the television antenna into an
apparatus that functions to perform reproduction, so that said apparatus, upon
receiving a command of recording, automatically reproduces broadcast programs,
etc., such person who provides said service should be considered to be the
party who performs reproduction, even if the command of recording is issued by
the user of the service.
(There is a concurring opinion.)