Toho sues Kurosawa DVD distrib

Cosmo has manufactured 160,000 discs

By MARK SCHILLING

TOKYO -- Toho has filed suit against DVD distrib Cosmo Coordinate in Tokyo District Court, seeking ¥120 million ($1.2 million) in damages from Cosmo, which has been making and selling cut-price DVDs of Akira Kurosawa pics.

Toho arrived at the sum by calculating the copyright fee for the 160,000 DVDs Cosmo has manufactured, if sold at the standard retail price.

 The eight Kurosawa pics listed in the suit include the classics "Ikiru," "Tsubaki sanjuro" and "Stray Dog."

 Toho and Kadokawa Pictures both sued Cosmo in 2007 alleging copyright violations. In September, the Tokyo District Court ruled that the Kurosawa pic copyrights were valid until 2036 and that Cosmo should cease making and selling the DVDs. Cosmo is appealing the ruling.

Under Japan's copyright law until 1971, protection for pics extended to 38 years after the creator's death. In 1971, however, the law was revised to protect such copyrights for 50 years after release.

Toho is claiming that, since the eight films in question were released before 1971, the old law should apply, meaning that copyright extends to 2036 -- 38 years after Kurosawa's death in 1998.

Cosmo counters that the post-1971 law gives it the right to distribute the pics, all of which were released more than 50 years ago.