Kaneda Copyright Agency {top}
Copyright FAQ {top}
{FAQ} What works are protected in Japan?
Copyrights
(economic rights) and moral rights initially vest in an author who creates a
”work.” Therefore, it’s of great importance whether or not a work falls under a
“work” defined under the Copyright Act.
The
term “a work (works)” is used to refer to a wide range of intellectual
creations, from novels to architecture, computer programs, and more. Specifically,
works commonly protected by copyright in Japan include (examples of
copyrightable works include) the following:
▷ novels, scenarios, articles, lectures, and other literary works;
[Note]
As for a slogan, a catchphrase, or other short phrase, copyright protection may
or may not be available, depending on whether they contain sufficient creativity.
▷ musical works;
▷ works of choreography and pantomime;
▷ paintings, woodblock prints, sculptures, and other works of fine art
(artistic works);
[Note] An "artistic work" includes a
work of artistic craftsmanship.
[Note]
As for a work of applied art, copyright protection may or may not be available,
depending on whether it contains the sufficient nature of beauty as opposed to
utility (usefulness).
▷ works of architecture;
▷ maps and other diagrams of an academic nature, such as plans,
charts, and models;
▷ cinematographic works;
▷ photographic works; and
▷ works of computer programming.
On
the other hand, the following are not copyrightable:
▷ simple data, mere facts, miscellaneous news of the day, and a scientific
discovery;
▷ an idea, a concept, a method, a system, a procedure, a process, and a
principle;
▷ an imitation of a work;
▷ an industrial product;
▷ a title or name of a work;
▷ typeface; and so on.
(ref.)
Art.2(8) of Berne Convention
The
protection of this Convention shall not apply to news of the day or to
miscellaneous facts having the character of mere items of press information.