Pornography not protected as intellectual property: prosecutor
Central News Agency
2013-03-21 11:08 PM
Taipei, March 21 (CNA) Taiwan's prosecutors said Wednesday that Taiwanese firms that use Japanese-made pornographic films to make profits online have not violated Japanese producers' copyrights. The Taipei District Court's Prosecutors Office therefore announced it will not press charges against Elta Technologies Co. Ltd, and 10 other Taiwanese firms that the Japanese studios accused of violating their copyrights. In a statement, the prosecutors quoted Japanese complainants as saying they had hired directors, actors and actresses, make-up artists and other professionals to make the films which express the directors' ideas and the actors' uniqueness and so their films should enjoy the protection of Taiwan's law governing intellectual property rights. However, the prosecutors argued that while Taiwan's Supreme Court rulings recognize the copyrights for creative works of literature, science and arts, they do not do so for pornographic films. The prosecution said most of the "adult" films feature oral and other forms of sex -- scenes that aim to arouse viewers' desires -- and so should be categorized as pornography. Since pornographic films are not protected under the law, prosecutors said they cannot find any evidence in support of the accusations that the Taiwanese firms infringed upon the filmmakers' copyrights. Meanwhile, the prosecutors said their investigation also shows that the Taiwanese firms posted warning signs and blocked minors from entering their websites to view the films. These precautionary steps indicated that they had not violated the law banning the spread of obscene images and videos, either, according to the prosecutors. Another reason that the prosecutors decided not to indict the accused was that the Japanese complainants have dropped their case against two of the 11 companies which use their films to charge customers who download them on-line. (By Liu Shih-yi and S.C. Chang)
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