Tokyo Barrister: Start the law firm bankruptcy

Chapter 345 Sweat on the forehead
There is only one court argument at issue.That is to say, whoever can convince the judge on such a focus of controversy will be able to win.This also means a cold fact that the ammunition of the lawyers of both sides will be all compressed on this point.As long as you lose at this point, the entire lawsuit will be lost.

Judge Takanashi's cold voice was like putting down a revolver on the spot and loading a bullet into the chamber, starting the death game of Russian roulette.Lawyers for the plaintiff and defendant will take turns picking up the pistol and firing at each other.It depends on who will be able to shoot the bullet that kills people.

Miyagawa swallowed slightly, his hands trembling faintly.In this extremely high-pressure atmosphere, she also had to tense up.However, for Hirose, today...today, we must win this trial and drive that annoying Fujimura away!

Miyagawa adjusted his breathing again, stood up from the plaintiff's seat and said:

"Chief judge. Whether the collation of ancient books falls within the scope of protection of the Copyright Law depends on determining whether it is a work specified in the Copyright Law. In other words, if the collation of ancient books is a work, it falls within the scope of protection of the Copyright Law. And According to the provisions of the Copyright Law, the so-called work is an intellectual achievement that is original and can be reproduced in a tangible form. Therefore, the key to judging whether a text is a work lies in whether it is original."

"That is to say, how should we understand the connotation of 'originality' stipulated in the law."

Miyagawa's voice was very calm, and he explained step by step, gradually leading to the crux of the problem.All I saw was pressing the remote control in her hand.The whiteboard next to the plaintiff's seat flashed suddenly, and lines of Western characters appeared. (Note [-])

"Chief judge. With regard to the criteria for determining originality, the plaintiff's attorney requests the collegial panel to refer to the principle of sweating on the forehead established in the case of Bleistein v. Donaldson Lithographing Co."

"Blestin v. Donaldson Lithography, Inc., was sued by Donaldson Lithography for copying illustrations for commercial advertisements created by Blastin. Advertisement, so it is not protected by copyright law, and the plaintiff’s request is dismissed.”

"The Federal Supreme Court later overturned the Court of Appeals decision, arguing that commercial advertisements fall within the scope of copyright law."

"The key issue in this case is whether the commercial is original as required by copyright law."

"According to the judgment of the Federal Supreme Court, the so-called originality is a personal reflection of the inner nature of an individual. Individuality itself means the existence of a certain uniqueness. Even if only one person writes, it is inevitable There will be a certain degree of uniqueness."

"In other words, as long as a person creates independently. This kind of creation itself already bears the imprint of personality."

"So, in the case of independent creation, as long as one person puts in hard work and sweat, the text can be protected by copyright. This is the famous 'sweating forehead' principle."

"According to the 'sweating forehead principle', the source of copyright protection lies in the labor of the author in the process of independent creation. That is to say, the originality stipulated in the law is not equal to originality. The core focus of its originality lies in the independent Creation and sweat.”

Miyagawa's voice strongly emphasized the specific connotation of originality. On the court, the woman looked like a torch, and she took a step forward and said:
"Chief judge. Going back to this case specifically. During the proofreading of the ancient books of "A Journey to the Tang Dynasty", all the processes were independently completed by Shimogawa. He was the first to discover 17 copies of the "Journey to the Tang Dynasty" and began to work on it. Proofreading. The plaintiff has proved the formation and modification time of the word files of the different versions of the electronic proofreading manuscripts in its computer equipment. The above evidence is sufficient to prove that the plaintiff’s proofreading of Tang Ji is an independent creation."

"At the same time, the plaintiff has provided evidence to prove that in the process of checking and correcting Tang Ji, it is necessary to go through the comparison, screening, collation of different characters, division of paragraphs, addition of annotations, punctuation and sentence segmentation of different originals. Under the circumstances, the above-mentioned projects are enough to prove that the plaintiff needs to put in a lot of hard work and sweat."

"In fact, the plaintiff, Xiachuan, also put in a lot of labor. Only from the evidence presented by the plaintiff's attorney during the court investigation, it can be shown that Xiachuan stayed in different archives in various places for more than 557 days, which is enough to reflect the fact that he was sent to the Tang Dynasty. It takes a lot of effort to check the school."

"In summary, according to the interpretation of the originality connotation of the 'principle of sweating on the forehead', the plaintiff Xia Chuan, under the condition of independent proofreading and a lot of hard work, should determine that the draft proofreading of the work involved in the case "Parade in the East and Repatriation to the Tang Dynasty" It has the originality stipulated by the copyright law, and through the existence of originality, it establishes a 'work' stipulated by the law."

"Therefore, the proofread manuscript of the plaintiff Shimogawa's "A Tour of Eastern Lands and Repatriation to the Tang Dynasty" is a 'work' and falls within the scope of protection of the Copyright Law. The proofread manuscript published by the defendant Fujimura is substantially similar to the plaintiff's work, and should be Bear legal tort liability for plagiarism!"

The discussion is over.

The plaintiff's first attack was launched.

This seemingly weak woman showed an amazing explosion at the beginning of the trial.Firstly, the foothold of the problem is based on the determination of "originality", and then by citing Western case law, it is explained that "originality" is not equal to "originality", but for "independent creation + labor". The final conclusion——the proofreading of ancient books is a work in the sense of copyright law.

The university management in the auditorium couldn't help but widen their eyes when they heard this interlocking discussion, and many university people have already clenched their hands.The beginning of the trial has already exceeded their expectations.As laymen of the law, they never imagined that the so-called originality requirement can be achieved only by independent creation.If that's the case, bad luck!

Utsunomiya sat in the dock with a relaxed expression.Even though Miyagawa made such a rigorous discussion just now, and also quoted Western precedents, in the eyes of this famous professor, it seemed that it could not pose any threat.

Ikegami next to him looked at Utsunomiya's relaxed expression, and the corners of his mouth were slightly raised.The vice president of the Tokyo Bar Association is very clear that once it enters the stage of court debate, it will be a unilateral massacre when it comes to issuing legal opinions on intellectual property rights.It is impossible for these two little ghosts to resist the famous legal authority in the East.

Utsunomiya rubbed his wrist joints, his eyes filled with sarcasm, like an adult looking at a babbling child in front of him, and slowly stood up from the dock, "The chief referee..."

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[Note [-]] The author wants to explain here.The civil codes of many countries stipulate that in the case of legal blanks, doctrines can be invoked.Among them, the scope of doctrinal doctrine includes foreign laws and foreign supreme court judgments.Citing foreign precedents is especially common in intellectual property cases.

In reality, even though my country does not recognize academic doctrine as a source of law, there are still a large number of cases in which foreign precedent principles are cited in actual intellectual property adjudication (such as the famous standard law of contact + substantial similarity, which is derived from foreign precedents. ).Therefore, you will also see that the copyright trial of this case will also refer to foreign precedents.The foreign precedents in this case are not fabricated, they are all real, readers can rest assured to eat.

(End of this chapter)