問25
頻出度★★★
著作者の了解を得ないで次の行為を行った場合, 著作権法に照らして適法な行為はどれか。
平成22年度 春期 ITパスポート試験 問25
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 25
- ア
正解 The correct answer is ア. Under the Copyright Act, reproducing a work or transmitting it to the public requires, in principle, the permission of the copyright holder (the author). There are exceptions, however, and the main one is reproduction for private use (Article 30 of the Copyright Act). When the purpose is use by an individual, within a family, or within a similarly limited circle, the person who will use the copy may make it without obtaining permission. Choice ア, copying the music from a purchased CD onto one's own PC and listening to it on the PC every day, means copying a legitimately purchased CD onto one's own PC so that only that person listens to it; the copy is not handed to anyone else and is not transmitted to the public. This is exactly reproduction for private use, so it is lawful even without the author's permission. The other three either hand a copy to a third party or place the work where an unspecified number of people can access it over the Internet, so they go beyond the scope of private use and permission is required.
Incorrectイ
Making the music from a purchased CD available for download from one's own homepage places it where an unspecified number of people can obtain it, which infringes the public transmission right held by the copyright holder (including making the work transmittable by uploading it to a server so that it can be received). Even if the CD was bought legitimately, the purchase only gives the right to enjoy that CD privately, not the right to deliver the music to the public. The exception for reproduction for private use assumes use within a limited circle, so it no longer applies once the music is made public.
Incorrectウ
An article published in a magazine is a work of the magazine publisher and of the writer; even when the article covers one's own company's products, the copyright does not transfer to that company. Distributing copies of the article to customers hands copies to third parties for business purposes, which clearly goes beyond private use by an individual or within a family, so it infringes the reproduction right. Unlike quoting a necessary portion inside one's own work (Article 32), copying and handing out the article itself does not meet the requirements for quotation. To distribute it, permission (a reprint license) must be obtained from the copyright holder, such as the magazine publisher.
Incorrectエ
Recording a TV drama in order to watch it yourself is lawful up to that point as reproduction for private use, but uploading it to a video-sharing website places it where an unspecified number of people can watch it, which infringes the public transmission right (the right of making the work transmittable). Note also that if a copy made for private use is distributed or presented to the public for any other purpose, the person is deemed to have reproduced the work at that point (Article 49). Publishing it free of charge, or without any profit motive, does not change the fact that it is an infringement.
ここがポイント
- Reproducing a work or transmitting it to the public normally requires the copyright holder's permission, but reproduction for private use (Article 30 of the Copyright Act) is an exception: no permission is needed when the person who will use the copy makes it for use by an individual, within a family, or within a similarly limited circle. Copying a purchased CD onto one's own PC and listening to it oneself is such a case.
- The private-use exception is conditional on staying within a limited circle, so distributing copies to third parties such as people outside the company or customers, or uploading the work to a website or a video-sharing site where an unspecified number of people can access it, falls outside the exception and infringes the reproduction right or the public transmission right (the right of making the work transmittable). Having bought the item legitimately or having recorded it yourself does not justify providing it to the public.
用語