問12
頻出度★★★
A社では, 設計までをA社で行ったプログラムの開発を, 請負契約に基づきB社に委託して行う形態と, B社から派遣契約に基づき派遣されたC氏が行う形態を比較検討している。開発されたプログラムの著作権の帰属に関する規定が会社間の契約で定められていないとき, 著作権の帰属先はどれか。
令和2年度 ITパスポート試験 問12
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 12
Incorrectア
It is wrong in stating that under the contract-for-work agreement the copyright also belongs to Company A. Under a contract for work, the party that actually creates the work is the contractor, Company B; without a special agreement the copyright stays with Company B and does not automatically transfer to Company A.
Incorrectイ
Saying contract-for-work = Company A is wrong (it should be Company B). In addition, dispatch = Mr. C is also wrong: the copyright belongs not to the dispatched worker as an individual, but, as a work made in the course of employment, to Company A, the dispatch destination that had the work created under its direction and supervision.
- ウ
正解 Under the Copyright Act, the general principle is that copyright originally belongs to the person who actually creates the work. However, a program created by an employee of a corporation in the course of their duties becomes a work made in the course of employment (work for hire), and its copyright belongs not to the individual employee but to the corporation they belong to (Article 15 of the Copyright Act). Under a contract-for-work agreement, the party that actually does the development is the employees of the contractor, Company B, so unless the inter-company contract provides otherwise on copyright ownership, the copyright of the completed program belongs to Company B. On the other hand, under a worker-dispatch agreement, the dispatched Mr. C creates the program as part of Company A's business under Company A's direction and supervision, so as a work made in the course of employment the copyright belongs to Company A. This gives contract-for-work = Company B and dispatch = Company A, so ウ is correct.
Incorrectエ
Contract-for-work = Company B is correct, but stating dispatch = Mr. C is wrong. The copyright of a program created under dispatch belongs not to Mr. C as an individual, but, as a work made in the course of employment, to Company A, the dispatch destination that exercises direction and supervision.
ここがポイント
- Work made in the course of employment (Article 15 of the Copyright Act): the copyright of a work created by an employee of a corporation in the course of their duties belongs not to the individual employee who created it, but to that corporation.
- When the contract contains no separate provision, under a contract for work the copyright belongs to the contractor company that actually creates the work (Company B), and under dispatch it belongs to the dispatch destination that exercises direction and supervision (Company A).
用語