This pre-1953 Japanese film or image thereof, directed by a person who died more than 38 years ago, is now in the public domain.
This is because in July 2006, a Japanese court ruled that all films produced in Japan prior to 1953 were exempt from a change of copyright law changing the term for cinematographic works from 50 years after publication to 70 years. [1][2][3].
However, the Tokyo District Court ruled on 17 September 2007 that films by Akira Kurosawa (died 1998) remain copyrighted until 2036, ruling that an older pre-1971 law applies. That old law kept copyright protection for 38 years after the creator's death.
In 2008, the Intellectual Property High Court affirmed the lower court's decision. The report states the "Japanese Intellectual Property High Court ruling that establishes the Tokyo District Court's September 2007 decision to be correct," and that "the preceding judge Nobuyoshi Tanaka is quoted as stressing that 'the copyright over films is protected for 38 years from the year after the death of the director.'"
Please note that public domain works must be out of copyright in both the United States and in the source country of the work in order to be hosted on the Commons. The file must have an additional copyright tag indicating the copyright status in the United States. See also Copyright rules by territory.
This work is in the public domain in the United States because it meets three requirements:
it was first published outside the United States (and not published in the U.S. within 30 days),
it was first published before 1 March 1989 without copyright notice or before 1964 without copyright renewal or before the source country established copyright relations with the United States,
it was in the public domain in its home country (Japan) on the URAA date (1 January 1996).
For background information, see the explanations on Non-U.S. copyrights. Note: This tag should not be used for sound recordings.
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