Date of
Judgment: 07.09.1978
Issuing
Authority:
Supreme Courts
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):
A person who created a work which is identical to an existing work without
knowing of its existence or content because he did not have an opportunity to
have access to it is not liable for infringement, regardless of whether he was
negligent or not in not knowing of its existence or content.
(Translated by
Sir Ernest Satow Chair of Japanese Law, University of London)