Japanese Copyright Law
Copyright laws are important to provide rights to creators and to protect against misuse of copyrighted works. Japan's copyright laws define whose works are protected, as well as the kinds of works that can be copyrighted. Additionally, if there is any infringement, Japanese copyright law clearly outlines the applicable punishments.
Other People Are Reading
-
Works Eligible for Copyright
-
Japan's copyright law will protect a work created by a Japanese national or anyone whose principal place of business is located in Japan. Any work that is initially published in Japan, regardless of where it was created, is also eligible for Japanese copyright protection.
Copyrightable Works
-
Under Japanese copyright law, an "author" is the creator of any copyrightable work. Copyrightable works can be scientific, literary, musical or artistic in nature.
-
Forms of Copyrightable Works
-
While copyrightable works come under four categories, they can be presented in several forms. Literary works are published in written form and can also be present in a visual or audio-visual manner as a cinematographic work. Musical works come in two forms: the musical composition, which is written, and the sound recording, the performance of the musical work. Artistic works can be presented in the biggest variety of ways. Art can be photography, paintings, sculptures and even cinematography.
Authors' Rights
-
In Japan, when a work is copyrighted, the author is granted several rights to that work. The author has the right to publish the work, reproduce or make copies of the work, distribute or sell copies of the work, present or show the work publicly, perform the work publicly and make a derivative of the work. A derivative can be a sequel, translation or other adaptation of an original copyrighted work.
Punishment for Infringement
-
If a person improperly uses or infringes on a copyrighted work, Japan's copyright law sets forth a "Penal Provision," defining the criminal punishment for the unauthorized use. Any person who violates the author's rights to the copyrighted work faces a fine of up to five million yen and five years in prison. Any person who claims ownership of a copyrighted work and then attempts to transfer or sell ownership may be required to pay three million yen in fines and serve three years in prison. A person can serve one year in prison and pay one million yen in fines if he distributes any work with someone other than the author credited as the creator.
-
References
- Photo Credit black copyright symbol image by Angie Chauvin from Fotolia.com
