問7
頻出度★★★
著作権法によって保護の対象と成り得るものだけを, 全て挙げたものはどれか。 a インターネットに公開されたフリーソフトウェア b データベースの操作マニュアル c プログラム言語 d プログラムのアルゴリズム
令和3年度 ITパスポート試験 問7
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 7
- ア
正解 The correct answer is “ア” (a, b). The Copyright Act protects “creative expressions of thoughts or feelings” (i.e., works). The freeware published on the Internet in (a) is a program work even though it is distributed for free; being distributed at no charge does not mean its copyright has been abandoned, so it can be eligible for protection. The database operation manual in (b) is a work that is creatively expressed as text, so it can be eligible for protection. Therefore both a and b can be eligible for protection, and “ア”, which lists only these two, is correct.
Incorrectイ
Item (a) is correctly a protection target, but the algorithm of a program in (d) falls under the “method of solution” defined in Article 10, Paragraph 3 of the Copyright Act and is excluded from protection. Because an idea itself is not protected by copyright, “イ”, which includes d, is wrong.
Incorrectウ
Item (b) is correctly a protection target, but the programming language in (c) is explicitly excluded from protection under Article 10, Paragraph 3 of the Copyright Act. “ウ”, which includes the excluded item c, is wrong.
Incorrectエ
Both the programming language in (c) and the algorithm (method of solution) in (d) are excluded from protection by Article 10, Paragraph 3 of the Copyright Act. Since neither can be eligible for protection, “エ” is wrong.
ここがポイント
- The Copyright Act protects “creative expressions” such as programs (including freeware) and text (manuals, etc.) as works. Even when distributed for free, the copyright still subsists and is not abandoned.
- Under Article 10, Paragraph 3 of the Copyright Act, programming languages, conventions (protocols), and methods of solution (algorithms) are not eligible for protection (the idea itself is not protected).
用語