Date of
Judgment:
June 28, 2001
Issuing
Authority: Supreme Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure: Judicial(Civin( �b>
Subject
Matter: Copyright and Related Rights (Neighboring Rights)
Summary
of the judgment (decision):
1. The
adaptation of a literary work means the creation of another work in which those
who have access to it may directly perceive the essential characteristics of
the expression of an existing work, based upon an existing work and by
maintaining the essential characteristics of its expression, modifying,
increasing or reducing, or altering its specific expressions, and newly
expressing thoughts of feelings in a creative manner.
2. An act
of creating a literary work which is identical to an existing work merely in a
part which is not in itself an expression, or a part which has no creativity in
expression such as the thought, feeling, or idea, facts or incidents is not an
adaptation of an existing literary work.
(Translated by Sir Ernest Satow Chair of Japanese Law, University
College, University of London)