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Intellectual Property Law Lab (Maiko Murai)
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A law lab that centers on copyright law and considers the balance between the protection and the use of information.
AboutAbout the lab
Considering the balance between protecting and using information from a legal perspective.
Professor Maiko Murai's intellectual property law lab studies intellectual property law, centered on copyright law and also including patent law, trademark law, and the Unfair Competition Prevention Act, using the methods of legal scholarship.
Because intellectual property law legally prohibits the use of information that would otherwise be free to use, how to strike a balance between protecting and using information is considered important.
Through the study of court cases and the interpretation of statutory provisions, the lab examines how the law should be applied to strike that balance, and what a desirable system should look like.
The lab has also published papers on copyright law as it relates to the use of copyrighted works in libraries.
Key terms
- Intellectual property law
- A field of law that governs the use of information and creative works, including copyright law, patent law, trademark law, and the Unfair Competition Prevention Act
- Limitation provisions
- Provisions of the Copyright Act that set out the situations in which a work can be used without the permission of the copyright holder
- Public transmission
- Sending a work via the internet or other means to the public (an unspecified or specified large number of people)
ResearchResearch themes
Because intellectual property law legally prohibits the use of information, the balance between protecting and using information is considered important. Centered on copyright law, this lab studies how to strike that balance through court cases and the interpretation of statutory provisions.
*Illustrative imageCourt Cases and Statutory Interpretation in Intellectual Property Law
Centered on copyright law, the lab investigates intellectual property law, including patent law and trademark law, through the study of court cases and the interpretation of statutory provisions. It examines how the law should be applied to strike a balance between protecting and using information, and what a desirable system would be.
*Illustrative imageOnline Transmission of Library Materials and Copyright
The lab studies how copyright law relates to services that deliver library materials to users via the internet and other means. Its papers deal with the public transmission services of libraries and similar institutions introduced by the 2021 (Reiwa 3) amendment to the Copyright Act, and with a US court decision on digital "lending" by libraries.
*Illustrative imageProvisions on Situations Where Works Can Be Used Freely
The lab studies how limitation provisions, which set out the situations in which a work can be used without the permission of the copyright holder, should be legislated and how they should be interpreted. It has also published a paper that discusses Article 41 of the Copyright Act, "use for the reporting of current events," from the viewpoint of guaranteeing the right to know.
MembersFaculty
- ProfessorMaiko Murai
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Report an errorAbout the images
The top and research theme images are illustrative and were not taken at the lab. They are cropped from Wikimedia Commons images. Cropped CC BY-SA images are provided under the same CC BY-SA license as the original (version shown on each line).
- Top image: “Indiana Supreme Court Law Library bookshelves” LingLass / CC0 (cropped)
- Court Cases and Statutory Interpretation in Intellectual Property Law: “Books on Shelf at the Ghalib Chamber Law Library” Energyme / CC BY-SA 4.0 (cropped)
- Online Transmission of Library Materials and Copyright: “Book scanner digitization National library of the Czech republic 2” Skot / CC BY-SA 4.0 (cropped)
- Provisions on Situations Where Works Can Be Used Freely: “AlaPrinting press operators in the Alaska-Yukon-Pacific Exposition Daily News printing office, Seattle, Washington, 1909 (AYP 111)” Frank H. Nowell / Public domain (cropped)
- Related lab (Knowledge Lab (Mikiko Yokoyama)): “Hamamatsu Municipal Sakuma Library reading room ac (4)” Asturio Cantabrio / CC BY-SA 4.0 (cropped)
- Related lab (Choice Behavior Model Lab): “Newspaper Achieve of Jamuna Television 2014” Aashaa / CC BY-SA 3.0 (cropped)
- Related lab (Public Library Policy Lab): “Stack of journals and books in the Central Geological Survey Library, MOEA” Kai3952 / CC BY-SA 4.0 (cropped)
- Related lab (Textbook Content Analysis Lab (Akie Kobaru)): “A public school, high school classroom in the United States 02” Harrison Keely / CC BY 4.0 (cropped)
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