Kaneda Copyright Agency {top}
Copyright FAQ {top}
{FAQ} Who owns copyright to a work?
The
copyright (economic rights plus moral rights) to a work initially belongs to
the author who has created the work; the first owner of copyright to a work is,
in principle, always the original creator of the work. There are, however, some
exceptions to this rule. For example, under certain legal requirements, both economic
rights (copyrights) and moral rights to a work may automatically vest in a
company employing the creator (See Art.15(1)). Also, as for a cinematographic
work, the copyrights (economic rights) to the work may initially belong to the
producer of the cinematographic work (See Art.29(1)).
(ref.)
Art. 15(1) of Copyright Act
For
a work (except a work of computer programming) that an employee of a
corporation or other employers (hereinafter in this Article such a corporation
or other employers are referred to as a "corporation, etc.") makes in
the course of duty at the initiative of the corporation, etc., and that the
corporation, etc. makes public as a work of its own authorship, the author is
the corporation, etc., so long as it is not stipulated otherwise in a contract,
in employment rules, or elsewhere at the time the work is made.
(ref.)
Art. 29(1) of Copyright Act
If
the author of a cinematographic work … has promised the producer of the
cinematographic work that the author will participate in its production, the
copyrights to the cinematographic work belong to the producer of the
cinematographic work.