著作権の消尽法理と著作権ライセンシーの保護

1. Tokyo District Court in 2012 (Heisei 24 years) ruling on July 11 regarding on Korean wave star DVD sales contract termination case (hereinafter referred as "the case") is an interesting rule on the protection of copyright licensing. 2. The court ruled that there was not a legal transfer of the first, and in this case there is no right to talk about right exhaustion. Because Sales contract between XB effectively terminated by defaulting regarding transferring the product to B before the termination of the plaintiff’s distribution means that the right should be exhausted3. In the case of used game software, The Supreme Court ruled that in April 25, 2002 ruling the first court, is (a) a blend of public interest and the protection of the copyright owner, (b) the smooth distribution of products obtained in the market, (c) From ensuring opportunities to secure the cost of the copyright owner, although the court interpreted that the right of distribution is exhausted by transferring of copies of the work in order, this case is contrary to intent of (a) to (c) admitted the exhaustion to the right of distribution of the cinematographic works (film works) in the supreme court. 4. Even if the first transfer has been released by the copyright owner, and copyright licensees are protected by the Civil Law Article 545 Clause 1 proviso as a "third party". And in the event of acquiring the ownership of the copies of the works, it should be interpreted that the right of distribution is exhausted. 5. If the court is to maintain the decision of this case judgment, in order to protect the copyright licensee, in copyright law, the adoption of Opposition without licensee’s registration should be considered of course adopted by the patent law.