Chapter 6: Intellectual Property Rights

Chapter 6: Intellectual Property Rights

Overview

• This chapter focuses on copyright law within intellectual property rights.

6-1 Intellectual Property Rights

• Intellectual property rights are a collection of rights pertaining to the results of human intellectual creativity (intellectual property), including copyrights and industrial property rights.

• Definition: Intellectual property rights are the general term for rights related to the results of human intellectual creation (intellectual property).

• These rights include:

  • Copyrights

  • Industrial property rights

• The intellectual property rights system grants rights to creators for a certain period and legally protects them, preventing unauthorized use by others, securing the creator's economic foundation, encouraging further creation, and promoting industrial and cultural development.

• Intellectual property rights primarily consist of copyrights and industrial property rights (patent rights, utility model rights, design rights, trademark rights).

• The specific rights and protection laws vary depending on the type of intellectual property being protected.

Table 6.1: Overview of Intellectual Property Rights

• Neighboring Rights: Rights granted to performers (actors, singers, musicians, conductors, stage directors, etc.), record producers, broadcasters, and cablecasters, who are not creators of copyrighted works but transmit them to the public.

  • Similar to copyrights, neighboring rights arise automatically upon performance, initial recording, broadcasting, or cablecasting, without requiring any acquisition procedure.

  • These rights include recording rights, video recording rights, reproduction rights and the right to make transmittable.

  • Performers also have performer personality rights (right of name indication, right of integrity).

6-1-2 Protection Under the Copyright Act

• The purpose of the Copyright Act is to promote cultural development.

• Article 1 of the Copyright Act states that it aims to contribute to cultural development by defining the rights of authors and rights related to performances, records, broadcasts, and cablecasts, while also paying attention to the fair use of these cultural products and promoting the protection of the rights of authors.

• Copyrighted Works:

  • Copyright law protects "works," defined as "creative expressions of thoughts or emotions that fall within the scope of literature, science, art, or music" (Copyright Act, Article 2, Paragraph 1, Item 1).

  • To be considered a work, the author's ideas and individuality must be expressed concretely in some form externally through mental creation, regardless of the expression format or completion status.

  • Creativity is an important element, and the quality, artistic merit, economic value, or novelty of the content are not considered.

  • Examples of works include novels, music, choreography, paintings, architecture, scholarly diagrams, movies, photographs, and programs.

  • Anything that falls under the definition of a work is protected as such.

• What is not protected:

  • Simple facts or numerical data.

  • Unexpressed ideas or concepts.

  • Styles such as painting and writing styles.

  • Programming languages, conventions, and algorithms.

  • Expressions that are standard or commonplace, lacking creativity.

• CG (Computer Graphics):

  • CG is protected by copyright law.

  • The "expression" displayed on a monitor and the "program" used to generate it are considered separately.

  • As long as each meets the definition of a copyrighted work, each receives protection.

  • Depending on the content of the "expression," graphics may be considered artistic works or scholarly diagrams.

  • Animations and game software (RPGs) are considered cinematographic works.

  • The generating "program" is protected as a program work.

Table 6.2: Overview of Copyright

• Protection Period Details (Referring to * in Table 6.2):

  • Works with Real Names (including well-known pseudonyms): 50 years after the death of the author (standard protection period).

  • Works with Anonymous or Pseudonymous Names: 50 years after publication (up to the point where 50 years after the author's death is clear).

  • Works Under Corporate Names: 50 years after publication (50 years after creation if not published within 50 years of creation).

  • Cinematographic Works: 70 years after publication (70 years after creation if not published within 70 years of creation).

6-1-3 Authors and the Occurrence and Acquisition of Rights

• Copyright belongs to the person who created the work (the author).

• Rights (copyright, author's moral rights) arise automatically at the time of creation.

• No formalities or procedures are required to acquire rights (principle of no formalities).

• Even if a client commissions the creation of a work and pays for it, they do not become the author unless they actually create the work.

• In such cases, the client can become the copyright holder by entering into a copyright transfer agreement.

• Works Made for Hire:

  • In the case of works created during employment, the corporation or employer, not the individual who created the work, may be considered the author if all of the following conditions are met:

    1. The work was created at the initiative of the corporation or employer.

    2. The work was created by a person engaged in the business of the corporation or employer.

    3. The work was created as part of the person's job.

    4. The work is published under the name of the corporation or employer.

    5. There is no specific agreement or work rule stating otherwise.

6-1-4 Protection Period

• Copyrights and neighboring rights have a defined duration known as the protection period.

• Copyright generally lasts for 50 years after the author's death, but the protection period varies depending on the type of work (see * in Table 6.2).

• Once the protection period expires, the rights disappear, and the work becomes public domain, free for anyone to use.

6-1-5 Copyright Infringement

• Using a copyrighted work within the protection period without permission from the copyright holder, and without falling under the exceptions of copyright law, constitutes copyright infringement.

• Civil Remedies and Criminal Penalties:

  • Copyright holders can seek civil remedies such as injunctions and damages against infringers.

  • Copyright infringement is a criminal offense, and infringers can face criminal penalties such as imprisonment of up to 10 years or a fine of up to $10,000,000$, or both. Corporations can be fined up to $300,000,000$.

• Illegal Downloading:

  • Downloading (recording) music or video sold on CD, DVD, or distributed for a fee, knowing that it has been illegally uploaded, is punishable by imprisonment of up to 2 years or a fine of up to $2,000,000$.

  • This applies only to digital recordings, excluding still images, photos, and text-only works.

6-1-6 © (Copyright Symbol) Copyright Notice

• The presence of the © symbol, copyright holder, and year of publication on photographs or web pages is a copyright notice.

• In Japan, the presence or absence of the © symbol has no bearing on copyright protection because Japan adheres to the Berne Convention and the principle of no formalities.

• The © symbol is effective only in countries that have joined the Universal Copyright Convention and adopt a system of formalities.

• Regardless of treaty requirements, the © symbol is used on web pages because it clarifies the copyright holder and the year of publication.

• The official notice under the Universal Copyright Convention includes the ©symbol, the year, and copyright holder.

• Example: ©2015 CG-ARTS All rights reserved. or ©CG-ARTS 2015 All rights reserved.

Keywords

• Intellectual Property Rights

• Copyright

• Copyright Act

• Author

• Author's Personal Rights

• Copyright Holder

• Protection Period

• Notice

• Industrial Property Rights

• Works

• Copyright as Property Right

• Principle of No Formalities

• Works Made for Hire

• Copyright Infringement

• © Mark