問2
頻出度★★★
次のa～cのうち,著作権法によって定められた著作物に該当するものだけを全て挙げたものはどれか。 a 原稿なしで話した講演の録音 b 時刻表に掲載されたバスの到着時刻 c 創造性の高い技術の発明
令和5年度 ITパスポート試験 問2
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 2
- ア
正解 The correct answer is choice ア (only a). Under the Copyright Act, a work is an expression of thoughts or feelings created in an original way, falling within the fields of literature, science, art, or music. Item a, a lecture given without a manuscript, is a verbal work that originally expresses thoughts through the spoken words of the moment; whether or not a manuscript exists is irrelevant, and the recording merely fixes that lecture, which is itself a work, so it too is protected as a work. Items b and c are both not works, so choice ア, which lists only a, is correct.
Incorrectイ
Item a is correct, but item c, an invention of technology, is a technical idea protected by the Patent Act rather than the Copyright Act. An invention is not included among works, so this choice, which lists both a and c, is wrong.
Incorrectウ
Item b, bus arrival times, is mere facts and data that lack original expression, so it is not a work. Item c, the invention, is also covered by the Patent Act and is not a work. Since neither is a work, this choice is wrong.
Incorrectエ
Item c, the invention, is protected by the Patent Act and is not a work. Moreover, this choice also wrongly omits item a, which does qualify as a work.
ここがポイント
- A work is an original expression of thoughts or feelings (within the fields of literature, science, art, or music). A lecture or speech qualifies as a verbal work whether or not a manuscript exists.
- Mere facts or data (such as the numbers in a timetable) lack originality and are not works. A technical invention is protected by the Patent Act, not the Copyright Act; distinguishing these two kinds of rights is the key point of this question.
用語