問28
頻出度★★★
著作権の説明と保護の対象に関して，次の記述中のa，bに入れる字句の適切な組合せはどれか。 著作権は，[ a ] に関する著作者の権利であり，[ b ] は保護の対象ではない。
平成29年度 秋期 ITパスポート試験 問28
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 28
Incorrectア
a's “the industrial use of designs of new craft products, etc.” describes the industrial design protected by the Design Act (design right), which is wrong as a description of copyright. Furthermore, for b's “computer programs,” the program itself is a subject protected as a work, so it also contradicts the statement “not the subject of protection.” Both a and b are inappropriate.
Incorrectイ
b's “computer programming languages” is correct in that it is outside the subject of protection, but a — “the industrial use of designs of new craft products…” — is a description of the design right, which is wrong as a description of copyright. Because a is inappropriate, the whole is wrong.
Incorrectウ
a's “the use of works such as literature, academic works, and art” is correct as a description of copyright, but for b's “computer programs,” the program itself is a subject protected as a work, which contradicts the statement “not the subject of protection.” Because b is inappropriate, it is wrong.
- エ
正解 The correct answer is エ. What the Copyright Act protects is the author's right concerning the use of a “work” — such as literature, academic works, art, or music — that creatively expresses thoughts or feelings. Therefore blank a takes “the use of works such as literature, academic works, and art.” Next, a computer program itself is protected as a work, but under Article 10, Paragraph 3 of the Copyright Act, programming languages, conventions (protocols), and algorithms are excluded from the subject of protection. Thus blank b, which is “not the subject of protection,” takes “computer programming languages.” The only combination that correctly satisfies both a and b is エ.
ここがポイント
- The subject of protection under the Copyright Act is the use of “works” such as literature, academic works, art, and music (creative expressions of thoughts and feelings). The industrial use of the design of an industrial product belongs to the domain of the Design Act (design right) and differs from copyright.
- A computer program is protected as a work under the Copyright Act, but programming languages, conventions (protocols), and algorithms are outside the subject of protection (Article 10, Paragraph 3 of the Copyright Act).
用語