COPYRIGHT
1: What “works” are protected by copyright?
3: What type of rights does an author of a work have?
4: How long does copyright protection exists?
5: What formalities are required for copyright protection?
6: Is it required to have the © mark on the copyrighted work to exercise the right?
1: What “works” are protected by copyright?
Copyright protects works that express thoughts or feelings in a creative way and fall within the scope of literature, science, art, or music. Consequently, as long as thoughts or feelings are expressed in a creative way, copyright law will protect pictures or works created by children or any other persons as well as pictures or works created by well-known artists or writers.
[ Protectable works ]
Examples of “works” include, in particular, the following:
- novels, [play/film] scripts, dissertations, lectures and other literary works;
- musical works;
- choreographic works and pantomimes;
- paintings, engravings, sculptures and other artistic works;
- architectural works;
- maps as well as diagrammatical works of a scientific nature, such as drawings, charts, and models;
- cinematographic works;
- photographic works;
- computer program works;
- derivative works;
- compilations;
- database works.
[ Non-protectable ]
- Laws, regulations and treaties;
- Notices, instructions, and notifications issued by government or local public entities;
- Judgments, decisions, and orders by courts;
- Translations or compilations of the aforementioned three categories prepared by government or local public entities.
2: Who can claim copyright?
Copyright is generated right after completion of the work to an author who has created the work.
Copyright is generated right after completion of the work to an author who has created the work. Since it is difficult to verify the author of the work, a person, whose name is represented as the author of the work, is considered to be the author unless counterevidence appears. Since a person who created the work is deemed to be its author, the author is essentially a natural person. However, a corporate body may be an author under limited conditions.
3: What type of rights does an author of a work have?
The author has Personality Rights and Copyright as his properties.
[ Personality Rights ]
Personality rights of the author protect his benefits of personality and belong exclusively to the author. Thus, personality rights cannot be transferred even in the case of inheritance. Personality rights consist of the following three rights.
- Right of making the work public
The author has the rights to offer and make available to the public his work that has not yet been made public.The author also has the right to determine the time, place, or manner of making the work public. - Right of determining the indication of the author’s name
The author has the right to determine whether his name is indicated or not.When indicating the name, the author has the right to determine whether his true name or pseudonym should be indicated. - Right of preserving the integrity
The author has the right to preserve the integrity of his work and to protect its title or contents from any distortion, mutilation or other modification against his will.
[ Copyright ]
Copyright protects the benefit of the author’s properties and may be transferred in whole or in part.Copyright comprises the following:
- Reproduction rights
This is the exclusive right to reproduce his work in tangible form by means of printing, taking pictures, copying, recording sounds or images of the work. - Performance rights
This is the exclusive right to perform his work publicly. - Presentation rights
This is the exclusive right to present his work publicly on a screen or the like. - Public transmission rights
This is the exclusive right to transmit his work directly to the public by means of wire/wireless cables. - Recitation rights
This is the exclusive right to recite his literary work publicly. - Exhibition rights
This is the exclusive right to exhibit publicly the original of his artistic work or his unpublished photographic work. - Distribution rights
This is the exclusive right to transfer or lend copies of his cinematographic work publicly. - Transfer of ownership rights
This is the exclusive right to offer his work, except a cinematographic work, to the public by transfer of ownership of the original or copies of the work. - Lending rights
This is the exclusive right to offer his work, except a cinematographic work, to the public by lending copies of the work. - Translation, adaptation, modification, etc. rights
These are the exclusive rights to create a derivative work by means of applying creative actions, such as translation, musical arrangement, transformation, dramatization, cinematization, or other adaptation of his work. - Exploitation of derivative work rights
The author of the original work has the same rights as the author of the derivative work, such as a translator or a music arranger in the exploitation of a derivative work.
4: How long does copyright protection exists?
The term of protection of a work ordinarily endures for the author's life plus 50 years. If the work is anonymous or pseudonymous and its author is not specified, copyright protection endures for 50 years after the work became public. If it is clear that 50 years have already passed since the author's death, the copyright is deemed to have expired 50 years after the author's death.
Copyright of a work having corporate ownership will continue to subsist for a period of 50 years after the work became public. If the work was not made public within 50 years following its creation, the copyright expires at the end of the period of 50 years beginning on the date of work's creation.
Copyright of a cinematographic work will continue to subsist for a period of 70 years after the work became public. If the work was not made public within 70 years following its creation, the copyright expires at the end of the period of 70 years beginning on the date of work's creation.
5: What formalities are required for copyright protection?
Copyright is generated automatically when the work is created; therefore no legal formality is required to secure the copyright (see A2). There is, however, a copyright registration system to provide a public record of the claimed copyright. By registering the copyright, the copyright owner can make the legal facts of the copyright public, and the assignee can commercially exploit the subject matter under copyright safely.
6: Is it required to have the © mark on the copyrighted work to exercise the right?
No, the owner can exercise the right without the © mark on the copyrighted work.
7: What are “Neighboring Rights”?
“Neighboring Rights” are generated to those who play roles in the communication of the works to the public, but do not create works themselves. Examples include performers, phonograph record producers and wire/wireless broadcasters. As with copyright, no legal formalities are required to secure neighboring rights.
8: Are foreign works protected in Japan?
Yes. “Berne Convention” and “Universal Copyright Convention” protect copyright of the foreign works, while “Performers Convention” and “Phonograms Convention” protect Neighboring Rights. Many countries provide protection to foreign works through such treaties and conventions.