問24
頻出度★★★
著作権法における著作権に関する記述のうち, 適切なものはどれか。
令和元年度 秋期 ITパスポート試験 問24
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 24
Incorrectア
Copyright is judged by whether a work was created independently without relying on another person's work. When works that happen to be similar in content are each created separately and independently, copyright is recognized for both. It is not a system that grants exclusivity to only the earlier one, so this is inappropriate.
- イ
正解 The Copyright Act adopts the principle of automatic protection (no formalities required), so copyright arises automatically the moment a work is created. Unlike industrial property rights such as patent rights and trademark rights, no procedures whatsoever — application, registration, filing, or examination — are needed to obtain the right (イ). Therefore, as long as a work is created, copyright is granted to the author at that very instant.
Incorrectウ
What the Copyright Act protects is the creative expression of thoughts or feelings — the expression itself; technical ideas (the ideas themselves) are not included in the subject of protection. It is patent law that protects technical ideas, so this is inappropriate.
Incorrectエ
The requirement for something to be recognized as a work is creativity; novelty — demanding newness never seen before — is not required. It is industrial property rights such as patent rights, not copyright, that require novelty, so this is inappropriate.
ここがポイント
- Under the principle of automatic protection, copyright arises automatically at the same time as creation and requires no procedures such as application or registration.
- Copyright protects the creative expression; technical ideas and novelty are not its requirements — those belong to the domain of industrial property rights such as patents.
用語