Copyright Act

The following gives an illustrative example of what is meant, on the whole, by the term "works" as it is used in this Act:

novels, scenarios, articles, lectures, and other literary works;

musical works;

works of choreography and pantomime;

paintings, woodblock prints, sculptures, and other works of fine art;

works of architecture;

maps and other diagrams of an academic nature, such as plans, charts, and models;

cinematographic works;

photographic works;

works of computer programming.

News reports on current events and miscellaneous news articles that communicate nothing further than the facts do not fall within the scope of works provided for in item (i) of the preceding paragraph.

Protection under this Act for a work set forth in paragraph (1), item (ix) does not extend to the programming language, coding conventions, or algorithms used to create the work. In this case, the meanings of these terms are as prescribed in the following items:

"programming language" means letters and other symbols used as a means of expressing a computer program and the systems for their use;

"coding conventions" means special stipulations for the use of a programming language provided for in the preceding item in a specific computer program;

"algorithm" means a procedure in a computer program, which consists of a set of instructions for the computer.

Protection of a derivative work under this Act does not affect the rights of the author of the original work.

A compilation (except a compilation that constitutes a database; the same applies hereinafter) that, by reason of the selection or arrangement of its contents, constitutes an intellectual creation is protected as a work.

The provisions of the preceding paragraph do not affect the rights of the author of a work that forms part of a compilation as referred to in that paragraph.

A database that, by reason of the selection or systematic construction of information contained therein, constitutes a creation is protected as a work.

The provisions of the preceding paragraph do not affect the rights of the author of a work that forms part of a database as referred to in that paragraph.

The following works are not subject to the rights provided for in this Chapter:

the Constitution and other laws and regulations;

notifications, instructions, circular notices, and other similar materials issued by a national or local government agency, an independent administrative agency (meaning an incorporated administrative agency provided for in Article 2, paragraph (1) of the Act on General Rules for Independent Administrative Agencies (Act No. 103 of 1999); the same applies hereinafter), or a local independent administrative agency (meaning a local incorporated administrative agency provided for in Article 2, paragraph (1) of the Local Independent Administrative Agencies Act (Act No. 118 of 2003); the same applies hereinafter);

judgments, decisions, orders, and rulings of the courts, as well as administrative determinations and decisions made by administrative agencies in proceedings of a quasi-judicial nature;

translations and compilations of the materials listed in the preceding three items, which are made by a national or local government agency, independent administrative agency, or local independent administrative agency.

The person whose name or appellation (hereinafter referred to as "true name"), or whose pen name, abbreviated name, or other substitute for the person's true name by which that person is commonly known (hereinafter referred to as a "pseudonym") is indicated as the name of the author in the customary manner on the original work or at the time that the work is made available or presented to the public is presumed to be the author of that work.

For a work (except computer programming) that an employee of a corporation or other employers (hereinafter in this Article such a corporation or other employers are referred to as a "corporation, etc.") makes in the course of duty at the initiative of the corporation, etc., and that the corporation, etc. makes public as a work of its own authorship, the author is the corporation, etc., so long as it is not stipulated otherwise in a contract, in employment rules, or elsewhere at the time the work is made.

For a work of computer programming that an employee of a corporation, etc. makes at the initiative of the corporation, etc. in the course of duty, the author is the corporation, etc., so long as it is not stipulated otherwise in a contract, in employment rules, or elsewhere at the time the work is made.

The author of a cinematographic work is the person that makes a creative contribution to the overall shaping of the work through responsibility for its production, direction, staging, filming, art direction, etc., other than the author of a novel, scenario, music, or other work that is adapted into or reproduced in the cinematographic work; provided, however, that this does not apply if the provisions of the preceding Article apply.

The author of a work enjoys the rights provided for in paragraph (1) of the following Article; Article 19, paragraph (1); and Article 20, paragraph (1) (hereinafter referred to as the "moral rights of an author"), as well as the rights provided for in Articles 21 through 28 (hereinafter referred to as a "copyright").

Enjoyment of the moral rights of an author and of a copyright requires no formalities.