問9
頻出度★★★
著作権法の保護対象として, 適切なものはどれか。
平成31年度 春期 ITパスポート試験 問9
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 9
Incorrectア
An algorithm related to the information search function is the procedure or solution for solving a problem in itself, and it belongs to the category of an idea. Article 10, Paragraph 3 of the Copyright Act explicitly excludes solutions from the objects of protection, so it is not protected under the Copyright Act (protecting an algorithm itself falls under a separate system such as patents).
- イ
正解 What the Copyright Act protects is a creative expression of thoughts or feelings (i.e., the expression itself); it does not protect ideas or procedures in themselves. A program is also protected as a work, but under Article 10, Paragraph 3 of the Copyright Act, programming languages, conventions, and solutions (algorithms) are excluded from protection. Choice イ, the program specification document, is a document that concretely expresses a program's processing content in text and diagrams, and it is exactly a work that involves creative expression. It is therefore an appropriate object of protection under the Copyright Act, so the correct answer is イ.
Incorrectウ
Coding rules are conventions or agreements for writing a program, not a creative expression. They correspond to the conventions of a programming language and how it is used, and as the kind of programming language or convention excluded by Article 10, Paragraph 3 of the Copyright Act, they are not objects of protection.
Incorrectエ
The interface conventions for other systems to use a program are exactly the conventions (special agreements) that Article 10, Paragraph 3 of the Copyright Act defines as being outside the objects of protection. Since they are agreements rather than expression, they are not protected under the Copyright Act.
ここがポイント
- What the Copyright Act protects is creative expression; it does not protect ideas, solutions (algorithms), or procedures in themselves. A document that concretely describes content, such as a program specification document, is protected as a work.
- Regarding programs, Article 10, Paragraph 3 of the Copyright Act excludes three things from the objects of protection: programming languages, conventions (such as interfaces), and solutions (algorithms).
用語