WOLNOŚĆ TWÓRCZA I PRAWO AUTORSKIE: DOUJINSHI WE WSPÓŁCZESNEJ JAPONII
CREATIVE FREEDOM AND COPYRIGHT: DOUJINSHI IN CONTEMPORARY JAPAN

Summary/Abstract: 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 sig- nificant portion of Japan’s media culture. This article explores the legal ambiguity surround- ing doujinshi, discussing both the legal doctrines and cultural norms that have contributed to a generally tolerant stance towards what might otherwise be considered copyright infringe- ment 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 doujin- shi, 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.

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