[Copyright Support Station] Leading Intellectual Property Law Firm in Japan(Osaka & Tokyo)

Top	What's Copyright	Copyright system
Use of works	Copyright systems of other countries	Copyright registration system
Contract	Solution for Trouble	Service Fees

Copyright Registration System

What’s Copyright Registration System

The Japanese Copyright Act is on the “non-formality principle (Article 17(2) of the Japanese Copyright Act)”, in which a copyright of a work automatically arises upon creation of the work. Thus, enjoyment of a copyright requires no registration of the copyright. The “non-formality principle” is an internationally employed basis, and is a big difference from intellectual property rights such as patent rights, design rights, and trademark rights that require registration through examination.

Copyrights arise without registration. However, why does the copyright registration system exist?

The reasons for the existence are:

“Making easier to prove facts such as the creation date of a work”
“Publicly announcing change in a copyright when the copyright is transferred to another person etc.”

By being registered, a copyright bears certain legal effects. Since copyrights are distributed as property rights, the copyright registration system has been established to allow the owner of a copyright to take countermeasures against third parties so that safety of transaction of the copyright is secured. Further, change in a copyright such as the transfer of a copyright cannot be asserted against third parties unless the copyright is registered (Article 77(1) of the Japanese Copyright Act). Thus, if you transfer or receive a copyright, we recommend registering the copyright first.

Details of Copyright Registration System

The table below shows types and effects of the copyright registration system. If an actual fact is found regarding a copyright or a work, details of the actual fact can be registered.

Types of registration	Details of registration	Effects of registration	Person entitled to register
Registration of true names of authors (Article 75)	The author of an anonymous or pseudonymous work that has been made public can have the author’s true name (real name) registered to that work (Article 75(1)).	A person whose true name has been registered is presumed to be the author of the work to which the registration pertains, unless otherwise counterevidence is raised (Article 75(3)). → The protection period of the copyright of the work is 50 years after the death of the author (not a period of 50 years after the work is made public), as with a work that has been made public under the author’s true name.	・ Author of an anonymous or pseudonymous work that has been made public (Article 75(1)) ・ Person designated in the author’s will (Article 75(2))
Registration of the date of first publication, etc. of a work (Article 76)	The copyright owner or the publisher of an anonymous or pseudonymous work can have the date of first publication or the date first made public registered for that work (Article 76(1))	A work whose date of first publication or date first made public is registered is presumed to have been first published or first made public on the registered date, unless otherwise counterevidence is raised (Article 76(2)).	・ Copyright owner ・ Publisher of an anonymous or pseudonymous work that has been made public
Registration of the date of creation of a work of computer programming (Article 76-2)	The author of a work of computer programming can have the date of creation of the work registered. *However, such registration must be made within 6 months from the creation of the work (Article 76(1)).	A work of computer programming that has been registered is presumed to have been created on the registered date, unless otherwise counterevidence is raised (Article 76(2)).	・ Author (of a work of computer programming)
Registration of transfer etc. of copyrights and neighboring rights (Article 77)	If a copyright or a neighboring right is transferred etc. or if a pledge is established etc. on a copyright or a neighboring right, the assignee and the assignor can have the copyright or neighboring right registered.	Thanks to the registration, change in the copyright can be asserted against third parties.	・ Assignee and assignor (joint application in principal, but can be applied solely by assignee)
Registration of establishment etc. of print rights. (Article 88)	If a print right is established, transferred, etc. or if a pledge is established etc. on a print right, the assignee and the assignor can have the print right registered.	Thanks to the registration, change in the print right can be asserted against third parties.	・ Assignee and assignor (joint application in principal, but can be applied solely by assignee)

Reference from the website “List of copyright registration system” of the Japanese Agency for Cultural Affairs

[1. Registration of true names of authors (Article 75 of the Japanese Copyright Act)]
Unlike a work that has been made public under the author’s true name, the copyright of a work that has been made public under an anonym or pseudonym (pen-name, etc.) is protected only for a period of 50 years after the work is made public, not for a period of 50 years after the death of the author. However, by registering a true name for an anonymous or pseudonymous work, a person whose true name has been registered is presumed to be the author of the work to which the registration pertains (legally, once a “presumption” is given, the “presumption” is dealt with as a truthful fact, unless otherwise counterevidence is raised). If the author is a private person, the registration of the author’s true name brings about an effect that the copyright of a work of the author can subsist for a period of 50 years after the death of the author as with a work that has been made public under a true name.

[2. Registration of the date of first publication etc. of a work (Article 76 of the Japanese Copyright Act)]
This provision allows for registration of “the date on which a work was first published (date of first publication)” or “the date on which a work was first made public (date first made public)” of a work that has been published or made public. A work whose date of first publication or date first made public has been registered is presumed to have been first published or to have been first made public on the registered date. For example, in a case where the publication time of a work whose date of first publication or date first made public has been registered is contested at law over plagiarism of the work, the defendant bears the responsibility for proving that the registered date is wrong. Therefore, in such a case, the registered date very advantageously works.
Here, “publish” is used for publications such as books, whereas “make public” is used for a play, music, a website, etc.

[3. Registration of the date of creation of a work of computer programming (Article 76-2 of the Japanese Copyright Act)]
This provision allows for registration of the date of creation of a work of computer programming (i.e., the date on which the computer programming is completed). This registration can be made regardless of whether the work is made public or not. There, however, may be a case where this provision is put to a bad use and a date that is earlier than the actual date of creation of a work of computer programming is registered. For the purpose of preventing such a bad use, this Article provides that application for registration of the date of creation of a work of computer programming must be filed within 6 months from the date of creation of the work. A work of computer programming whose creation date has been registered is presumed to have been created on the registered date, and therefore this registration is very advantageous in legal troubles.

[4. Registration of transfer etc. of copyrights and neighboring rights (Article 77 of the Japanese Copyright Act)]
A person who obtains a copyright or neighboring right from others can register the “transfer of the copyright”. Alternatively, a person who accepts a copyright or neighboring right as a security from others can register the “establishment of pledge on the copyright”. In a case where such transfer, establishment, etc. are not registered, the following troubles may occur. That is, in a case where a copyright is doubly transferred, the first assignee who obtained the copyright first cannot argue his priority against the second assignee. If things come to worse, the second assignee may register the transfer earlier than the first assignee, and the second assignee would be the formal assignee of the copyright.
For secured transaction, this registration is necessary to clarify who actually owns the copyright.

[5. Registration of establishment etc. of print rights (Article 88 of the Japanese Copyright Act)]
In a case where a print right is established, transferred, or pledged, such establishment etc. can be registered. If such establishment etc. is not registered, the same problem as described in the above paragraph may occur.

"HARAKENZO ^more " would like to provide you with assistance in registering copyrights and consultation services regarding copyright matters. Please feel free to contact us (cost estimation is free of charge).