Copyright registration/contract

Japan's copyright law adopts the "no-formality principle" (Article 17, Paragraph 2 of the Copyright Act), which means that rights automatically arise from the time a work is created, so registering a copyright does not mean that rights arise. is not a requirement. This is an international rule and is a big difference from intellectual property rights, which are registered after examination such as patent rights, design rights, and trademark rights.

Copyrights generate rights even without registration, but why does a registration system exist?

There are two main reasons for this:

  • To facilitate the verification of factual relationships such as date of creation
  • To publicly announce changes in rights when copyright is transferred

Registering a copyright gives rise to certain legal effects. Since copyright is also distributed as a property right, a registration system has been established to ensure the safety of transactions and to provide protection against third parties. In addition, regarding changes in rights such as transfer of copyright, it is not possible to defend against a third party unless the copyright is registered (Article 77, Item 1 of the Copyright Act). If you receive one, we recommend that you register first.

 

Contents of the copyright registration system

The types and effects of the copyright registration system are shown in the diagram below, and if certain facts about copyright or works are found, the content can be registered.

Type of registration Registration details Effect of registration Who can apply
Registration of author's real name
(Article 75)		 　The author of a work published anonymously or under a pseudonym may have his/her real name (real name) registered (paragraph 1). 　Unless there is evidence to the contrary, the person who has received the registration is presumed to be the author of the work (paragraph 3).
　⇒The period of copyright protection is 50 years after the author's death, just like a work published under his or her real name.		 ・Author of a work published anonymously or under a pseudonym (paragraph 1)
・Person designated by the author in his/her will (paragraph 2)
Registration of the first publication date, etc. of a work
(Article 76)		 　The copyright holder or the publisher of a work published anonymously or under a pseudonym may register the date on which the work was first published or made public (paragraph 1). 　Unless there is evidence to the contrary, it is presumed that the work was first published or made public on the date of registration (paragraph 2). ・Copyright holder
・Publisher of a work published anonymously or under a pseudonym
Registration of the creation date of the program work
(Article 76-2)		 　The author of a program work can have the date of creation of the program work registered. *Limited to within 1 months after the creation of the program (paragraph XNUMX). 　Unless there is evidence to the contrary, it is presumed that the program work was created on the date of registration (paragraph 2). ・Author (limited to program works)
Registration of transfer of copyright and neighboring rights
(Article 77)		 　If there is a transfer, etc. of copyright or copyright-related rights, or a pledge is established for the purpose of copyright or copyright-related rights, the registered right holder and the person obligated to register must register the copyright or copyright-related rights. I can. 　Registration allows you to defend against third parties regarding changes in your rights. ・Registered right holder and registered obligated person (In principle, joint application is required, but individual application by registered right holder is also possible)
Registration of establishment of publishing rights, etc. (Article 88) 　If a publishing right is established, transferred, etc., or a pledge is established for the purpose of publishing rights, the registered right holder and the registration obligee can have the publishing right registered. 　Registration allows you to defend against third parties regarding changes in your rights. ・Registered right holder and registered obligated person (In principle, joint application is required, but individual application by registered right holder is also possible)

Source: Agency for Cultural Affairs website “Copyright registration system list”

 

[75. Registration of author's real name (Article XNUMX)]

　Works published anonymously or under a pseudonym (such as a pen name) are protected only for 50 years after publication, not 50 years after the author's death, unlike when published under a real name. However, by registering a person's real name, that person is presumed to be the author of the work (under the law, once a person is ``presumed'', that presumption is treated as a correct fact unless evidence to the contrary is produced). If the author is an individual, registration has the effect of extending the protection period to 50 years after the author's death, the same as if the author published under his or her real name.

 

[76. Registration of the first publication date, etc. of a work (Article XNUMX)]

　This is a system to register the "date of first publication (date of first publication)" or "date of first publication (date of first publication)" for published or publicized works. It is presumed that the work was first published or first published on the date of registration, so when disputes over the publication date due to plagiarism, etc., the other party bears the burden of proving that the registration date is incorrect. This will help you advance the conflict in your favor.
　In addition, publications such as books are referred to as "publications," while plays, music, websites, etc. are referred to as "publications."

 

[76. Registration of the creation date of the program work (Article 2-XNUMX)]

　This is a system for registering the creation date of a program work (the date the program was completed). Registration is possible regardless of whether the work has been published or not, but as there is a risk that this system may be abused to register the work back in time from the actual date of creation, it is stipulated that applications cannot be submitted until six months after the creation. . In this case as well, it is presumed that the creation took place on the date of registration, which can help advance the dispute in your favor, as in the case above.

 

[77. Registration of transfer, etc. of copyright and neighboring rights (Article XNUMX)]

　With regard to copyrights and neighboring rights, you can register ``transfer of copyright'' if you have received them from another person, and ``creation of pledge'' if you have taken them as security from another person. Masu. If this registration is not done, for example, if the same right is transferred twice, the subsequent transferee will not be able to claim that he/she was the first to receive the transfer. Not only that, but if the later assignee is registered first, then in principle, the later assignee becomes the official assignee.
　This can be said to be a necessary procedure to clarify the location of rights and ensure safe transactions.

 

[88. Registration of establishment of publishing rights, etc. (Article XNUMX)]

　If you set up or transfer publishing rights, or take publishing rights as collateral from another person, you can register each as described above. If you do not do this registration, the same problem as above will occur.

 

We also handle copyright registration applications and other copyright-related services, so please feel free to contact us (we provide free estimates).

 

 

 

Agreement

Meaning and role of the contract

Under Japanese law, as a general rule, a contract can only be concluded based on verbal promises as long as both parties agree. Therefore, some people may find it troublesome to go through the trouble of creating a contract.

However, except in the case of a very simple business relationship (cases that end with a single exchange of products), the creation of a contract has a very important meaning as described below.

  • (i) Prevent disputes by making it possible to prove the specific details of the contract, date and time of establishment, etc. at a later date.
  • (ii) Clarify the rights and obligations between the parties, and in the event of an unexpected dispute, clarify where the responsibility lies in advance.

 

Copyright-related agreements

The following are the main types of contracts related to copyright:

 

Permission to use copyrighted works

A copyright holder grants permission to others to use a work for which he or she owns the copyright. In this case, the party attempting to use the work must be aware of whether the other party is the true right holder or whether there is another author.

 

Transfer of copyright

This is a contract to transfer copyright. In this case, only the copyright is transferred; the moral rights of the author are not transferred. It is common to enter into a special agreement not to exercise moral rights.

 

Publishing related

A contract between a publisher and an author/copyright holder that establishes publishing rights as stipulated in Article 79 et seq. of the Copyright Act, or simply permits publication even if such publishing rights are not established. There is a contract that says that.

Recently, the law has been amended to allow publishing rights for electronic publications, so it is necessary to review the existing publishing rights agreement. In addition, it will be essential for publishing contracts to take electronic publishing into consideration.

Furthermore, when considering more specific situations, the conclusion of a contract becomes important because rights under copyright law are involved in the following cases. In addition, in the following situations, it is thought that the content will often include (1) permission to use copyrighted works, (2) transfer of copyright, and (3) publication-related matters.

  concrete scene Rights and matters that may be problematic
① A lecture Rights of copyright holders (especially reproduction rights and public transmission rights), rights related to secondary use of copyrighted works, moral rights of authors, etc.
② Concerts and screenings Rights of copyright holders (especially performance rights and screening rights), moral rights of authors, rights related to neighboring rights, etc.
③ Requests for manuscript writing, illustration creation, photography, etc. Rights of copyright holders (especially reproduction rights, exhibition rights, transfer rights), moral rights of authors, rights related to secondary use of copyrighted works, etc.
4 Use of existing works such as manuscripts, illustrations, photographs, etc. Rights of copyright holders (especially attribution of copyright), moral rights of authors, rights related to secondary use of copyrighted works, etc.
⑤ Public call for works Transfer of copyright, rights related to secondary use of copyrighted works, moral rights, etc.

*The above is an illustrative list of matters that may cause problems under copyright law, and there are many other problems that may arise in addition to the above.

 

Notes regarding contracts

According to the principle of freedom of contract, as long as the terms stipulated in the contract do not violate laws and regulations, rights and obligations will arise based on the agreement of the parties to the contract. However, if there is a violation of laws and regulations, the clause will no longer be effective, so knowledge of various laws and regulations is required when drafting a contract.

 

General checks

The content to be written in the contract will depend on the specific content of each contract, but it is roughly as follows.

  • (a) Title
  • (b) Stamp paper
  • (c) Preamble (indication of parties, etc.)
  • (d) Purpose of the contract
  • (e) Contents of rights and obligations of each party
  • (f) Conditions, deadlines, and duration
  • (g) Cancellation of contract and compensation for damages
  • (h) Distribution of cost burden
  • (i) Handling of matters outside the provisions of the contract
  • (j) Governing law/agreed jurisdiction
  • (k) Postscript (number of copies of the contract)
  • (l) Date of creation of the contract
  • (m) Signature/seal or name/seal of the parties concerned.

 

Please leave it to our office

At our office, our professional staff prepares contracts and memoranda for copyright-related contracts such as those mentioned above, and also proofreads and checks their contents.

  • I want to prepare a contract, but I don't know how to do it.
  • I have tried drafting a contract, but I need advice from an expert.

If so, please contact us. In addition to domestic contracts, we also handle contracts and memorandums with overseas counterparties.

 

 

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