問32
頻出度★★★
CD-ROM に記録された PC のソフトウェアパッケージを購入することによって, 購入者に帰属する権利はどれか。
平成22年度 秋期 ITパスポート試験 問32
ストラテジ系法務 › 知的財産権
This question's explanation and your answers so far.
解説
問 32
- ア
正解 Buying a software package is not a deal in which you buy the copyright itself; it is a deal in which you enter into a use license agreement (license contract) with the copyright holder (the software vendor). What the purchaser receives is only ownership of the physical CD-ROM, plus the right to use the program recorded on it within the conditions of the license. The copyright of the program stays with the author. Therefore the right the purchaser acquires is the right to use the program recorded on the CD-ROM, so ア is correct.
Incorrectイ
A program is a work protected by the Copyright Act, and its copyright keeps belonging to the author who created it (the vendor). Buying the package does not transfer the copyright; transferring it would require a separate copyright assignment contract. Because the purchaser has not obtained the copyright, they may not copy, distribute, or modify the program on their own.
Incorrectウ
A design right protects industrial designs such as the shape, pattern, or color of an article, and it arises for the right holder through design registration with the patent office. Buying one CD-ROM does not transfer a design right to the purchaser, and in the first place the program recorded on it is protected by copyright, not by a design right.
Incorrectエ
A CD-ROM is merely a recording medium (a physical object) that holds the program, which is the copyrighted work; the medium itself does not create a copyright belonging to the purchaser. What the purchase gives you is ownership of that medium, not a copyright. Note that owning the medium and holding the copyright of its contents are two different things.
ここがポイント
- Buying commercial software means acquiring a right of use under a use license agreement (license), not a transfer of copyright. In principle the copyright keeps belonging to the author (the vendor that developed it).
- Keep the different rights straight: a program (a work) is covered by copyright, the physical CD-ROM by ownership, and an industrial design by a design right that arises through registration. Each has a different object of protection and a different basis for arising.
用語