問8
頻出度★★★
著作権法による保護の対象となるものはどれか。
平成28年度 春期 ITパスポート試験 問8
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 8
Incorrectア
An algorithm is a “solution method (steps, way of thinking)” for solving a problem, and it is excluded from protection by Article 10, Paragraph 3 of the Copyright Act. An idea or a procedure itself is not an expression, so it is not protected by copyright (if you want to protect it, you must rely on another system such as a patent).
- イ
正解 The correct answer is “イ Operation manual.” An operation manual is a work written in words (a literary/linguistic work), and as a creative expression of thoughts or feelings it is protected under the Copyright Act. On the other hand, Article 10, Paragraph 3 of the Copyright Act explicitly excludes from protection the three items used when creating program works: the programming language, the conventions (protocols), and the solution methods (algorithms). This is because these are not the expression itself but merely the means, rules, and procedures used for expression. Therefore, among the choices, only the operation manual is a subject of protection.
Incorrectウ
A programming language (the language specification of C, Java, etc.) is the “language” itself used to express a program, and it is explicitly excluded from protection by Article 10, Paragraph 3. This is because a language is a tool that everyone should be able to use and must not be monopolized.
Incorrectエ
A protocol corresponds to the “conventions (agreements, rules)” of communication and the like, and it is excluded from protection by Article 10, Paragraph 3. Rules that are agreed upon should be shared in common and are not suited to monopolization by copyright.
ここがポイント
- The Copyright Act protects “creative expressions of thoughts or feelings.” Written material such as an operation manual (a linguistic work) is a subject of protection.
- Regarding programs, remember the frequently tested point that the three items “programming language, conventions (protocols), and solution methods (algorithms)” are excluded from protection under the Copyright Act.
用語