X. Protection of Intellectual Property Rights

4. Copyright


Q10-4

What procedures are required to enjoy copyrights? Also, how is content provided over the Internet protected? 

Answer

A copyright is automatically effective and protected at the time of creating a work (including those on the Internet). There is no need to apply for obtaining the right.

(Copyright Law,Customs Tariff Law)

1. Copyright is the right of an author of a work. A "work" means a production in which thoughts or sentiments are expressed in a creative way and which falls within the literary, scientific, artisitic or musical domain (Item 1 of Paragraph 1 of Article 2 of Copyright Law). Specific types of such works include novels, paintings, cinematographic works, photographic works, and computer programs (Article 10).

2. Copyright is created and protected automatically at the moment of creation of the work (Paragraph 2 of Article 17 of the Copyright Law), so there is no need for any formality such as registration or deposit of samples with an administrative agency to enjoy that right. This system of enjoyment of copyright is generally referred to as a non-formality and follows the principle of the Berne Convention, an international convention on copyright. Application of the Law is basically treated similarly regarding provision of content over the Internet.

3. Protection is similarly afforded to copyright for works created by foreign nationals. Works first published in Japan and works which Japan is obligated to protect under international treaties such as the Berne Convention Relating to International Copyrights or the Universal Copyright Convention all fall under the Japanese Copyright Law. Therefore, the non-formality principle is applied to the enjoyment of all of these rights. No procedures are required for enjoyment of a copyright.

4. The Copyright Law does have provisions for registration under certain circumstances, but this registration has absolutely no effect on the creation of the right or the public confirmation of the author.

5. Customs confirms whether or not cargo to be imported infringes on intellectual property rights such as copyright. If the imported cargo appears to be infringing, procedures are taken in order to conform the presence of infringement of the relevant cargo. At that time, an opportunity to state opinions is given to both the rightful person and the importer by presenting evidence. Furthermore, special handling is provided by customs for cargo for which the copyright holder filed a "submission of import prohibition information".