問13
頻出度★★★
著作権の帰属に関する説明のうち, 適切なものはどれか。ここで, 著作権に関する特段の契約や取決めはないものとする。
平成25年度 春期 ITパスポート試験 問13
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 13
Incorrectア
It is wrong to say that the copyright of a movie belongs only to the original author. A movie is a comprehensive work created with the involvement of many people, such as the director, the camera staff, and the art staff, and those who contributed creatively to forming it as a whole are its authors. In addition, the Copyright Act has a special provision for cinematographic works: when the authors have undertaken to participate in the making of the movie, the copyright of the movie belongs to the movie producer (the person who takes the initiative in and the responsibility for the production). The copyright of the original novel of course remains with the original author, but that is a right over the original novel as a separate work; it does not mean that the copyright of the movie itself belongs to the original author alone.
- イ
正解 The correct answer is イ, “Even for an improvised lecture without a manuscript, the copyright belongs to the lecturer.” A work protected by the Copyright Act is “something that creatively expresses thoughts or feelings and that falls within the domain of literature, academics, fine art, or music,” and a lecture is expressly listed as a linguistic work alongside novels, scripts, and papers. The important point here is that being fixed in a form such as a manuscript or a recording is not a requirement for being a work. Therefore, even in an improvised lecture for which no manuscript was prepared in advance, as soon as what is spoken amounts to a creative expression, a work comes into existence at that moment. Furthermore, copyright requires no procedures at all such as application or registration; it arises automatically for the creator at the moment of creation (the no-formality principle and the creator principle). This question assumes that there is no special contract or arrangement concerning the copyright, so by the general rule the copyright belongs to the lecturer who actually created that expression. Hence イ is appropriate.
Incorrectウ
The constitution, laws and regulations, court judgments, and the like are things that the public should be able to learn about and use freely, so the Copyright Act expressly provides that they are works that cannot be the subject of rights. The same applies when the state or a local public body issues public notices, instructions, or circulars. In other words, it is not that the copyright belongs to the state or local public bodies; rather, no copyright arises for anyone at all, and they may be freely reproduced, translated, and published without permission. The error lies in saying that the rights belong to the state or local public bodies.
Incorrectエ
The one who creates a novel serialized in a newspaper is the novelist (the original author), and the copyright arises for that original author at the moment of creation. The newspaper company merely receives permission to publish from the original author and prints the novel in its pages; publishing it does not transfer the copyright to the newspaper company. This question assumes that there is no special contract or arrangement concerning the copyright, so a transfer through an assignment contract is not conceivable either. Note that the newspaper pages as a whole can be a compilation work, with creativity in the selection and arrangement of the material, in which the newspaper company may hold rights, but that concerns the pages as a separate work; the copyright of the serialized novel itself belongs to the original author.
ここがポイント
- The principle of how copyright arises and to whom it belongs: unlike a patent, copyright requires no application or registration; it arises automatically for the person who created the work at the moment of creation (the no-formality principle and the creator principle). If there is no special contract or arrangement, it belongs to the creator according to this principle. Also, to be a work it is enough to be a creative expression of thoughts or feelings; it does not have to be fixed in a form such as a manuscript, a recording, or a document, so an improvised lecture and an improvised musical performance or acting are also protected as works.
- Learn the exceptions to the principle of ownership as a separate set: (1) works made in the course of duties (a work created by an employee in the course of duties on the initiative of a corporation has the corporation as its author); (2) cinematographic works (when the authors have undertaken to take part in the production, the copyright belongs to the movie producer); (3) works that cannot be the subject of rights (no copyright arises in the constitution, laws and regulations, public notices and instructions of the state or local public bodies, court judgments, and the like, and they may be used freely). Circumstances such as merely having published or printed something, or having paid the costs, do not by themselves transfer the copyright.
用語