Wolność twórcza a prawo autorskie: doujinshi we współczesnej Japonii

Abstract

Creative freedom and copyright: Doujinshi in contemporary Japan The intricate relationship between doujinshi (self-published amateur works often inspired by pre-existing texts in various media) and copyright law in Japan presents a compelling area of investigation in legal studies. Doujinshi, often perceived as derivative works, constitute a significant portion of Japan’s media culture. This article explores the legal ambiguity surrounding doujinshi, discussing both the legal doctrines and cultural norms that have contributed to a generally tolerant stance towards what might otherwise be considered copyright infringement in other jurisdictions. Through an investigation of the historical, cultural, and legal contexts, this article provides an insight into how Japan’s copyright law interacts with doujinshi, reflecting a nuanced balance between intellectual property rights and creative freedom. The findings offer a deeper understanding of how copyright law operates in the unique socio-cultural landscape of Japan.