抄録
This article attempts to examine how photographic works were legally protected in the Meiji era (1868-1912) in Japan, and to show the unique features of these protections compared to other countries. In Japan, the first regulations of photography (shashin jorei) were enacted in 1876. It was partly because many photographers had demanded protection for those who incur considerable expenses to take pictures, and because the Home Ministry (Naimusho) had intended to regulate the photographic reproduction of protected works - especially books - without any prior consent by means of shashin jorei. By contrast, in other countries, such as France, Great Britain, and Germany, scholars, courts and authorities routinely discussed the artistic nature of photography for copyright protection because they viewed some photos as "mere mechanical process and unsuitable for the protection." This article points out two characteristics of protection concerning photos in Japan. First, shashin jorei was intended to regulate photographic reproduction unlike any other country. Under similar legislation - i.e., copyright laws - in other countries, reproduction of photos was obviously considered to be in violation of the law. Also, there was no argument about the nature of works that should be protected in Japan, such as "artistic nature" in Germany. In Japan, consideration concerning the nature of copyrighted works was still pushed aside in 1880, and finally - and unconsciously - introduced in the old copyright law of 1899.
