- While the nation of Japan is home to a very ancient culture, artistic copyright law is a fairly recent concept. The first copyright law in Japan, the Berne Convention, was signed in 1899. This law helped to provide equal protection for creative works from multiple countries. Today, the copyright laws of Japan share many common elements with the artistic protections of the United States.
- Japan copyright law protects original works that are considered "creative." Generally, works that meet this definition are produced in the fields of literature, music, art or science. To be protected by copyright, a creative work must be produced by a Japanese national or Japanese corporation. The work must have been first published on Japanese soil, or published in another country but re-published in Japan within 30 days.
The creative work of foreigners may be protected by Japanese copyright under certain circumstances. If an international treaty exists between the two countries, such as the United States and Japan, a foreign copyright is honored. If a foreign work was produced in a country that does not have a reciprocal treaty agreement, however, the copyright is not valid in Japan. - Once a copyright has been granted in Japan, the author of the work has certain rights under the law. These are split into two categories, known as moral rights and economic rights. The moral rights secured by a copyright include the right to control modification, the right to control indication of authorship and the right to control divulgence.
In layman's terms, these rights mean that only the author has permission to change or update the work. The author is also the only individual who can take credit for the work, or publish under a pen name. Finally, the other is the only entity that can authorize the promotion of the work, or to take the work off the market. Authors can temporarily transfer any of these rights if needed, such as when a promotion agency is used to market a book.
The economic rights given to an author involve the reproduction or performance of a creative work. Basically, any time that money is made off of the work, the gains belong to the holder of the copyright. Profits from a published book or ticket revenue from a play are examples of these economic rights. - Copyright protection for creative works in Japan begins the moment the work is published. No registration or formal procedure is needed. The work is covered by copyright law until the original author dies, and for an additional 50 years afterward. In cases where a work is created but not immediately published, the copyright applies for 50 years beginning when the piece was first made accessible to the public. For example, a book written in 1980 but released posthumously in 1990 would have Japanese copyright protection until 2040.
For serialized works such as television shows and magazines, each episode or issue receives its own copyright with an independent expiration period. The first issue of a magazine, for instance, is covered for the standard 50 years after the publication date, and each subsequent issue would have its own 50-year period of protection. - While copyright laws in Japan typically apply to any newly created work, there are several exceptions to this coverage. Sometimes, if there is a larger public interest involved, copyrights do not apply. Public libraries, for example, are permitted to make copies of works for archival purposes. Quotations of another author's works, as long as the original creator is credited, does not violate copyright law.
Educational institutions such as schools and universities are excepted from copyright law violations if they reproduce a work as part of a classroom lesson. Similarly, tests are allowed to contain printed excerpts of artistic works, as long as the source is given credit. Any reproduction that is made for the purpose of profit or sales, however, is prohibited by copyright law.
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