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Twenty-seven authors belonging to JVCA brought suit before the Tokyo District Court on June 21, 2007, against Sapix and Nozomi Gakuen, two major exam preparation services that operate for profit test preparation centers throughout Japan. As part of their business activities both schools produce learning materials that contain clear examples of copyright infringement. After learning of these blatant violations, the authors have demanded an injunction against publication of these documents, and have further sued for damages.
During the past ten years, the copyright violations have been escalating within the entrance exam preparation industry and are now common even in top-tier preparatory centers, which provide programs to assist elementary students in gaining admission to elite junior high schools. In the present example two such elite preparatory centers have been sued by 27 authors for copyright infringement. The piracy has been blatant and malicious and naturally the authors experienced extreme rage when they learned that it was common practice for these outfits to alter copyrighted works that they placed in their study materials, without obtaining consent from the authors.
The plaintiffs seeking to enjoin Sapix against publication are Gennosuke Nagasaki, Shuntaro Tanikawa, Miyako Moriyama, and 11 other authors. In the lawsuit against Nozomi Gakuen there are 13 authors as plaintiffs, including Yomematsu Shiono, Inada Nada, and Akimichi Hatta. In this case as well the plaintiffs are demanding an injunction against use of the teaching materials, as well as compensatory damages.
The first copyright case of this kind was when authors such as Kenjiro Haitani, Shoichi Nejime took legal action in 2004 against five test preparation centers including Nichinoken and Yotsuya Otsuka, demanding a halt to publication as well as a halt to webcasts of related materials.
Not many lawsuits have been filed so far, however, and rather than being discouraged, copyright infringement practices have been quietly on the increase. Indeed the suits against Sapix and Nozomi appear to be only the tip of the iceberg, as research has indicated that similar violations have been committed for many years at numerous other prestigious centers which prepare students for entrance examinations at top-tier junior high schools.
"One author, Gennosuke Nagasaki voiced his outrage, commenting "To an author a creative work is just like his child. We cannot forgive these schools for using our works like this without permission. We must become a country in which proper procedures are followed, and fair compensation is paid to copyright holders." According to JVCA's research, other institutions in addition to Sapix and Nozomi Gakuen are using copyrighted works without permission.
The unauthorized usage of the copyrighted works by exam preparatory services must be stopped, and it is absolutely necessary to establish an appropriate copyright protection system as soon as possible. The present lawsuit by the authors, therefore, is very significant.
During the past ten years, the copyright violations have been escalating within the entrance exam preparation industry and are now common even in top-tier preparatory centers, which provide programs to assist elementary students in gaining admission to elite junior high schools. In the present example two such elite preparatory centers have been sued by 27 authors for copyright infringement. The piracy has been blatant and malicious and naturally the authors experienced extreme rage when they learned that it was common practice for these outfits to alter copyrighted works that they placed in their study materials, without obtaining consent from the authors.
The plaintiffs seeking to enjoin Sapix against publication are Gennosuke Nagasaki, Shuntaro Tanikawa, Miyako Moriyama, and 11 other authors. In the lawsuit against Nozomi Gakuen there are 13 authors as plaintiffs, including Yomematsu Shiono, Inada Nada, and Akimichi Hatta. In this case as well the plaintiffs are demanding an injunction against use of the teaching materials, as well as compensatory damages.
The first copyright case of this kind was when authors such as Kenjiro Haitani, Shoichi Nejime took legal action in 2004 against five test preparation centers including Nichinoken and Yotsuya Otsuka, demanding a halt to publication as well as a halt to webcasts of related materials.
Not many lawsuits have been filed so far, however, and rather than being discouraged, copyright infringement practices have been quietly on the increase. Indeed the suits against Sapix and Nozomi appear to be only the tip of the iceberg, as research has indicated that similar violations have been committed for many years at numerous other prestigious centers which prepare students for entrance examinations at top-tier junior high schools.
"One author, Gennosuke Nagasaki voiced his outrage, commenting "To an author a creative work is just like his child. We cannot forgive these schools for using our works like this without permission. We must become a country in which proper procedures are followed, and fair compensation is paid to copyright holders." According to JVCA's research, other institutions in addition to Sapix and Nozomi Gakuen are using copyrighted works without permission.
The unauthorized usage of the copyrighted works by exam preparatory services must be stopped, and it is absolutely necessary to establish an appropriate copyright protection system as soon as possible. The present lawsuit by the authors, therefore, is very significant.
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