Kaneda Copyright Agency {top}

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Copyright FAQ {top}

{FAQ} Tell me about “Registration of transfer of copyright.”

The transfer of a copyright may not be asserted against a third party unless registered with the Agency for Cultural Affairs (See Art.77(ⅰ)).
This registration is of crucial importance especially when so-called “double transfer” occurs;
In a case where a copyright(X) was transferred to you (transferee) from an author (copyright owner, transferor), you have not made an application for the transfer of copyright, should the author transfer (i.e. double-transfer) the copyright(X) to a third party and the third party has made an application for the transfer in the course of absence of your registration, you CANNOT make an assertion against the third party that you have owned the copyright(X). On the contrary, the third party whose registration has been secured can claim that the copyright(X) has been vested in them. This is true in the case where the conclusion of the contract between you and the author predates the conclusion between the third party and the author.
So, when you are involved in assignment of copyrights, you should always keep in mind “Registration of transfer of copyright.”

(ref.) Art.77(ⅰ) of Copyright Act
The following particulars may not be asserted against a third party unless they are registered:
(ⅰ) the transfer of a copyright, its alteration as a result of a trust, or a restriction on its disposal;