問1
頻出度★★★
著作者の権利である著作権が発生するのはどの時点か。
平成27年度 秋期 ITパスポート試験 問1
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 1
- ア
正解 Copyright arises automatically at the moment the work is created. Japan's Copyright Act adopts the principle of automatic protection (the no-formalities principle): it requires no procedures whatsoever such as registration, application, publication, or reproduction, and the right comes into existence the instant a work that creatively expresses thoughts or feelings is born. Therefore the correct answer is ア, “When the work is created”.
Incorrectイ
Transfer is merely the act of moving an already-existing copyright (a property right) to another person; it is not what causes the right to arise. Even without any transfer, the copyright already belongs to the author from the moment the work is created.
Incorrectウ
Reproduction is an act of exercising the reproduction right held by the author (or of use by another person); it is not a requirement for copyright to arise. Even before any reproduction, the copyright is already established at the moment the work is created.
Incorrectエ
Under the no-formalities principle, registration with the Agency for Cultural Affairs is not a condition for the right to arise. The registration system exists to publicly disclose information such as the author's real name and the date of first publication, so as to secure requirements like enforceability against third parties; even without registration, copyright arises at the time of creation.
ここがポイント
- Under the no-formalities principle, copyright arises automatically at the moment the work is created (no registration, application, or publication is needed).
- In contrast to industrial property rights such as patent rights, which arise through registration with the Patent Office (a system that requires formalities), registration of a copyright is not a requirement for the right to arise but a system serving purposes such as enforceability against third parties.
用語