Trouble avoidance

"Beginner's Guide"As mentioned above, now that the information society has progressed and all kinds of information can be easily accessed through the Internet, copyrighted works can be said to exist everywhere. And it can be said that everyone is at risk of using someone else's copyrighted work without realizing it, resulting in copyright infringement. Here, we will explain what to do if you are involved in copyright-related troubles.

What is protected under the Copyright Act is only "works" (Article 2, Paragraph 1, Item 1), and it also includes multiple sub-rights (reproduction rights, public transmission rights), moral rights of authors, etc. This is a right stipulated by copyright law.

In other words, the person who is said to have infringed the right under the Copyright Act is

This is the case when both are satisfied.

Falling under the category of “works”

A "work" is a creative expression of thoughts or feelings, and unexpressed background thoughts or mere ideas are not protected as "works." For more information, please refer to this content."Copyright System - Works and Authors".

Furthermore, even if it falls under the category of “works”,

Two requirements are necessary.

*Unlike other industrial property laws (patent law, design law, trademark law, etc.), under copyright law, there is no problem of infringement if there is a coincidence. This is explained in B above. However, with the development of the Internet, it is generally considered difficult to deny this "reliance" (using the Internet, you can easily access a variety of information). For).

Violating rights stipulated in copyright law

First, it must fall under the various subdivision rights (Articles 21 to 28) stipulated under the Copyright Act. There are no copyright law issues if you simply view the content for personal use. For more information, please refer to this content.“Copyright System – Various Rights'.

Second, even if an act falls under various subdivision rights (e.g., reproduction or transfer), the copyright holder cannot claim the right if it falls under the rights restriction provisions stipulated in the Copyright Act. , and as a result, there is no infringement. There is no problem with this, even if it is determined that the interests of protecting the free distribution of copyrighted works outweigh the interests of the copyright holder. For more information, please refer to this content."Use of copyrighted material".

Based on the above, let's take a look at what you should think about when you think you have been infringed and when you have been warned that you have been infringed.

If you believe you have been infringed

First, if there is any text, painting, music, etc. that you think is infringing,

It is necessary to consider. Unfortunately, in case ①, there are no copyright law issues. In the case of ②, proceed to the next step (A and B in 1.(1) above), and if both of these are recognized, infringement under the Copyright Act will be recognized.

If you are alerted to a violation

First, consider whether the work in question truly falls under the category of "copyrighted work." As mentioned above, a "work" must be a "creative expression of thoughts or feelings," and this brings us to the following considerations.

Regarding ①, it is the opposite of the above case (1) where it is considered to be infringed, and if the idea is simply borrowed and the expression itself is not imitated, there is no infringement. On the other hand, even if something is expressed, if it is an expression that anyone can easily think of without any creativity being recognized, it cannot be protected as a ``copyrighted work,'' so that part of it cannot be protected. Even if they are common or similar, no problem under copyright law will arise.

*Expressions that are not recognized as creative are not recognized as copyrighted materials, but this means that, for example, even in a single book, there are parts that can be recognized as "copyrighted materials" and parts that are not. means.

If the work in question falls under the category of "works," the process proceeds to the next step (A and B in 1.(1) above), and if both of these are recognized, an infringement under the Copyright Act is established. You will end up doing this.

Furthermore, even if a work is created by infringing a right under the Copyright Act, if it is recognized as an independent work in itself, that work will also be protected. In this way, existing worksCreated by adding your own creative expressionThe copyrighted work is called a derivative work.

 

All are protected as independent works. In this case, when using a derivative work, the rights to the original work also become an issue.

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