Definition of copyrighted works
Copyrighted works are not diminished by their use, are they?
That's right. For example, if a car is stolen, it will be gone, so you will know right away. However, most of the time even if text is stolen, it will not be lost, so in most cases it is not immediately obvious if it is being misused. Among such intangible information, information that contributes to cultural development is copyrighted work.
But you can tell when a painting on a canvas is stolen, can't you?
A painting is indeed a copyrighted work, but it has two aspects: one as a "tangible object" and the other as
"information". You may think of a copyrighted work as a "tangible object", but a copyrighted work is
"information". In other words, the copyrighted work (information) is superimposed on the tangible object
(painting)＊1. It would be a problem if someone made and sold postcards or other
goods using the painting without permission, wouldn't it?
Even if you buy a painting, you are simply
receiving the rights to the tangible object, the physical ownership (title). The rights to the information
(copyright) of the person who originally painted the painting remain with the person who painted it.
I see, so it's not the same as physical ownership.
Memo ＊1
Supreme Court, January 20, 1984, HANREI JIHO No. 1107, p. 127 [Ganshinkei Case].
The Copyright Act protects "copyrighted works". A copyrighted work is defined as follows:
Article 2(1)(i)
"a creatively produced expression of thoughts or sentiments that falls within the literary, academic, artistic, or musical domain"
Is a table listing the height and weight of the students in my class copyrighted work because it is an expression?
No, mere data is not thought or sentiment so it is not considered a copyrighted work.
I often hear that cooking recipes are not copyrighted.
The idea itself is not a copyrighted work because it has to be expressed. Just having an idea in your head is
not subject to copyright protection.
The idea of the recipe itself is not a copyrighted work, but if it is
turned into a book or a web article, the pictures and text may be copyrighted, so you should be careful.
Point
A work is not a "copyrighted work" unless it is a creative expression of thoughts or sentiments.
Examples of works that are not copyrighted works under the Copyright Act:
- Something that is just a thought in your head (an idea): the story of a novel is also not protected if it is just a thought. What is expressed as a novel is protected.
- Data and facts only: obituaries, information on personnel transfers, population lists for each prefecture, etc., do not express the thoughts or sentiments of the person expressing them, and therefore cannot be an expression of "thoughts or sentiments" and are not copyrighted works.
- Commonplace expressions and very short sentences: phrases that anyone would use, such as "blue skies," are often considered to be non-creative.
Examples of copyrighted works include the following (Article 10(1)):
| Type | Example |
|---|---|
| Literary works | Lectures, papers, reports, essays, novels, screenplays, poetry, haiku, rakugo, comic storytelling, etc. |
| Musical works | Songs, lyrics accompanying songs, etc. |
| Works of choreography and pantomime | Choreography for Japanese dance, ballet, dance, pantomime, etc. |
| Works of fine art | Paintings, prints, sculptures, cartoons, calligraphy, stage sets, flower arrangements, etc. (including arts and crafts such as tea bowls, pots, swords, etc.). |
| Architectural works | Palaces, triumphal arches, gardens, towers, and other architectural structures (must be appreciable). |
| Maps and diagrammatic works | Maps, academic drawings, charts, blueprints, three-dimensional models, globes, etc. |
| Cinematographic works | Recorded moving images such as theatrical movies, animations, videos, YouTube videos, TikTok videos, and video portions of game software. |
| Photographic works | Portraits, landscapes, documentary photography, advertising photography, etc. |
| Works of computer programming | Operating systems (OS), application software, programs for consumer electronics, etc. |
In addition to these works, the following works are also available (Articles 11, 12, and 12-2)
| Type | Example |
|---|---|
| Derivative works | Works created by translating, arranging, transforming, or adapting the works in the table above. |
| Compilation works | Encyclopedias, dictionaries, newspapers, magazines, poetry books, etc. |
| Database works | Encyclopedias, dictionaries, etc. in computer-searchable form. |
A compilation is a copyrighted work if the selection and arrangement of materials are creative. Although a compilation as a whole is protected as a copyrighted work, when using individual articles in a dictionary, magazine, etc., the permission of the respective copyright owners is required, as each article is also a copyrighted work.
A database is a copyrighted work if there is creativity in the way the data is selected and the systematic way the data is organized for retrieval, even if the individual data collected is not copyrightable.
The data is not a copyrighted work, but the database is.
For example, copyrightability may be recognized when information that cannot be searched in other databases can be retrieved, or when you are creative in the selection of keywords for retrieving the same information.
Although the following items are copyrighted works, they are created for the purpose of making them known to the public and making them widely available, so they can be used without the copyright owner's permission (Article 13).
Examples of copyrighted works that can be used without permission:
- Constitution and other laws and regulations.
- Notices, directives, and notices of the national government, local governments, etc.
- Court judgments, decisions, orders, etc.
- Translations and compilations of the above prepared by the national government, local governments, etc.
- QNow here is a quiz. Are the following items copyrighted works protected by the Copyright Act?
- (1) Fantasy novel setting.
- (2) A cat drawing on a piece of notepaper, done at the behest of a relative's child.
- (3) Names of cartoon characters.
- (4) Graphs in student reports.
-
- (1) Fantasy novel setting
-
Konaka Since the novel is copyrighted, is the setting copyrighted as well?
Sumiki No, an abstract setting alone does not constitute a copyrighted work. For example, recently, there are novels, manga, and anime in which the main character is transported to and explores another world. This level of setting itself is within the scope of an idea and is not copyrighted, so writing a new novel with this kind of setting is not an infringement of copyright.
- (2) A cat drawing on a piece of notepaper that a relative's child asked me to draw.
-
Daiin Something like a drawing on a piece of notepaper would probably be thrown away immediately so is not a copyrighted work, is it?
Sumiki No, it does not matter under the Copyright Act when you throw it away, it is a copyrighted work because it was a "creative expression" at the time it was drawn＊2.
- (3) Names of cartoon characters
-
Konaka This is surely a copyrighted work!
Sumiki Nice try. This is not a copyrighted work. Konaka's name is not a copyrighted work either. There are various opinions on it, but I think it can be categorized as not being "within the literary, academic, artistic, or musical domain" or not having creativity. However, a picture of a character is a copyrighted work＊3.
- (4) Graphs in student reports
-
Daiin I don't think a graph is a copyrighted work. Mere data isn't a copyrighted work, and if it were just a graph of data, it wouldn't be creative.
Sumiki If the graph looks the same no matter who draws it in Excel or other software, it is not creative and is not likely to be a copyrighted work. However, if the graph shows, for example, beer consumption, and uses a creative way to express it, such as by using a picture of a beer mug instead of a bar graph, the creativity of the graph may be recognized and the work may be copyrighted work.
Memo ＊2
The word "expression" may sound like it has to be fixed on some object, but being fixed is not a requirement for a copyrighted work. For cinematographic works, it is a requirement that the copyrighted work be fixed.
Memo ＊3
Concerning a picture of a character, the name can be subject to the integrity right as "the title of the work" (Article 20(1)).
