問29
頻出度★★★
著作権法の保護の対象となるものはどれか。
平成26年度 春期 ITパスポート試験 問29
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 29
Incorrectア
What protects the appearance design of industrial products, such as the shape or color of a desk, is the Design Act, not the Copyright Act. A design right comes into existence only after application to and registration with the Japan Patent Office, which is also in contrast to copyright.
Incorrectイ
What protects an invention, defined as “a highly advanced creation of technical ideas utilizing a law of nature”, is the Patent Act. The Copyright Act does not protect a technical idea itself, only creative “expression”, so this is outside its scope.
Incorrectウ
What protects marks that distinguish a company's own goods and services from those of others, such as product names and logos, is the Trademark Act. A short product name is not a creative expression, so it is not protected as a work.
- エ
正解 エ is correct. The Copyright Act protects “works”, that is, creative expressions of thoughts or feelings, and photographs are expressly listed in the law as a typical example. Even a photograph of scenery shows the photographer's creativity in choices such as composition, angle, shutter timing, and exposure, so it is protected as a work. Also worth remembering: unlike patent rights, design rights, and trademark rights, copyright needs no application or registration and arises automatically the moment the work is created (the no-formality principle).
ここがポイント
- The Copyright Act protects “works”, creative expressions of thoughts or feelings, which include novels, music, art, photographs, films, and computer programs. No application or registration is required; the right arises at the same moment the work is created (the no-formality principle).
- Sort out the division with industrial property rights: inventions → Patent Act, designs of articles → Design Act, names and marks for goods and services → Trademark Act, devices, meaning minor inventions → Utility Model Act. All of these require application to and registration with the Japan Patent Office.
用語