問10
頻出度★★★
著作物の使用事例のうち，著作権を侵害するおそれのある行為はどれか。
平成30年度 春期 ITパスポート試験 問10
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 10
Incorrectア
Recording a broadcast program onto a DVD at home and using it only within the range of the person who recorded it and their family falls under “reproduction for private use” (Article 30 of the Copyright Act), an exception permitted even without the rights holder’s permission. Therefore there is no risk of copyright infringement, and this is not the correct answer.
- イ
正解 Translating someone else’s diary of fighting an illness—a copyrighted work—without the author’s permission infringes the translation right (a kind of adaptation right), and further posting it publicly on one’s own website risks infringing the right of public transmission. Since this does not fall under exceptions in the Copyright Act such as reproduction for private use or lawful quotation (limitations on rights), the act that risks infringing copyright is イ.
Incorrectウ
Using a published report to create entrance examination questions falls under “reproduction as examination questions” (Article 36 of the Copyright Act), an exception permitted without permission. Since using an administrative agency’s report for examination questions without that agency’s permission does not constitute infringement, this is not the correct answer.
Incorrectエ
Quoting a few lines from a published research paper, clearly distinguishing the quoted portion from the main text and indicating the source, is permitted without permission as “quotation” within a legitimate scope (Article 32 of the Copyright Act). Since the requirements are met, it does not constitute infringement, and this is not the correct answer.
ここがポイント
- The Copyright Act provides “limitations on rights (exceptions)” that allow works to be used without the rights holder’s permission, such as reproduction for private use (Article 30), quotation (Article 32), and reproduction as examination questions (Article 36).
- Translating (adapting) someone else’s work without permission and publishing it on a website (public transmission) does not fall under the exceptions and constitutes infringement of the translation right and the right of public transmission.
用語