TEL. 03-3443-5112
DOT4F 1-7-20 Hiroo Shibuya-ward Tokyo Japan
150-0012
It is well known that "copyright" offers protection for original
works of authorship (ex. Nobel, music, photograph etc..) the author of
a copyrighted work will legally receive copyrights, no additional procedure
is required to protect the copyrights.
“Patent right” – the same Intellectual Property Right but to protect invention
“Design right”- right to protect design and
“Trademark right”- right to protect logos (commercial symbols)
you might
not able to obtain a patent right as loss of novelty (pursuant to Section 29 of the Patent Act)
because you had applied for the copyright registration
beforehand.
For this case, please receive explanations well enough from
patent agency or administrative officer before your application.
Copyright
is the right to protect expression which is both visible and
invisible.
For
example, after "A" signs away his music copyright to "B", but "A" also did the
same thing to "C", the music itself is unknown where to be
inhered.
To help
prevent the situation like this, there is article 75 and below in Copyright Law
setting up the system of registration as follows.
Following
application is need to be submitted to Copyright Division of chief of the
Cultural Affairs Agency. (Programmed Copyrighted products is to The Software
Information Center (SOFTIC) of non-profit foundation)
Registration by true name (Article 75)
Copyright set the protection period for the author.
The
copyrighted product is normally protected for 50 years after the author’s
death.
In case of that the author publishes a book
under the pen name, his copyright will be protected only 50 years from the
publishing date. But if he does “Registration by true name” in advance, the
copyright will be protected 50years after the author’s death.
Registration of the date of first publication (Article 76)
You can
register the first publishing date of your copyrighted product. As explained in
“Registration by true name” , the copyrighted product with pen name (be also
called HENMEI) will be protected for 50 years from the publishing date. So this
registration will prove the exact date of your publication.
Registration of the date of creation(Article 76-2)
The programmer can register the date of creation for the
copyrights on his program. This registration need to be applied to The Software
Information Center (SOFTIC) of non-profit foundation. This requires creation of
microfiche (A6 sheet-Japanese Industrial Standards) and some technical
work.
Registration of tradition of copyright and related rights
(Article 77)
As the
example above, if "A" signs away his music copyright to "B", but "A" also did
the same thing to "C", so the music itself is unknown where to be
inhered.
In this
case, Copyright Laws (Article 77) stated that neither of "B" or C can oppose "A"
unless "B" or "C" have registered tradition of copyright and related
rights.
If only "C"
had registered the tradition of copyright and related rights while "B" didn’t
have, "B" can not do anything. (This will adjust to the theory of act of
disloyalty based on Civil Law)
Copyright
business makes up 5 % of GOP in the states. We assume many problems will happen
related to Copyright contract in Japan as well as the states, so please be sure
to proceed the registration if you sign the contract for the registration of the
right of pledge tradition of copyright and related rights.
Registration of the right of publication(Article 88)
Publication
right signifies, as its name suggests, the right to publish the copyrighted
products. Publication right holder will have monopolistic & exclusionary
high-power to copy the copyrighted products. For example, the novelist “A” have the “right
of publication” contract signed with publishing company “B” that allows company
“B” to publish A’s product, but at the
same time “A” also signed the same contract with company “C” and “C” register
the right of publication. In this case C gets advantage over B and C might file
an injunction against the publication.
Since this
kind of trouble might get more serious economically, we strongly recommend you
to register the right of publication when you sign the copyright-related
contract.
Specification of copyrighted product
To apply
for the registration of copyright requires, besides application form, the
specification of copyright product which is very important document
attached.
Copyrighted products are not only visible like ceramic or architect
creations but also invisible which need to be clarify characteristic differences
in writing. It is hard to describe your copyrighted product well enough only in
400 words. This is why we are here to help you.
Particularly on musical or programmed products, it is required in-depth
knowledge and technical term to describe these characters in writing. We
draw up the specifications for faithful copyright-related contracts using
the knowledge of programming and wealth of music theory protecting Copyright
Law for musician and programmer.