わかる!著作権

CopyRight~the Right of Transmission・Exhibition Rights

I don’t know what to do…
Hmm? What’s wrong Copy-chan?
Well, I missed last week’s episode of All-nighter from Friday.
I love that show too! Is there not like, a re-run of the episode?
I couldn’t find the re-run of the episode, I only found sites that cost money
Really? No re-run? Couldn’t you find them on video publishing sites?
Wait, but aren’t those illegal because they don’t take any permission from the owner?
Who cares! Look. Look at all the views on these videos. And plus, the videos aren’t being deleted.
Still…
I really don’t think you should care that much.
I have a feeling you’re wrong…

Answer

the action of watching a video that has been illegally uploaded in itself is not an illegal act. However, It is illegal to upload unpermitted videos that are protected by the copyright act. So even if you watch a illegally uploaded video, you will not be accused of any crime. But it is still not promoted.


Explanation

transmission to the public. These words might not be the most common words out there. In Fact there may be many people who’ve never heard these words until today. Under Article 2 of the copyright act, transmission to the public is defined as making a transmission of wireless communications or wired telecommunications with the objective of allowing the public to receive them directly and in Article 23, The right of transmission to the public is defined as the right that gives the author the exclusive right to transmit their work to the public. Transmission to the public, basically is to transmit your work through medias such as television, radio, or the internet to a lot of people. To have the right of transmission is to have the exclusive right to do these actions. Contrasting to the right of transmission, exhibition rights are rights concerning actual objects. Exhibition rights, according to article 25 are rights that give the author exclusive rights to publicly exhibit their original work such as artistic work or an unpublished photograph to the public. You may think, what are original works? And why do photographs have to be unpublished. First of all, original work is for artworks, the original art first made. This seem simple enough, but things get a little complicated from here. Photographs, well a little while back had things called negative films and because of these, knowing what original works are, become difficult. That is why the article states that the photograph has to be unpublished. To sum it up, exhibition rights are the rights for authors to publically exhibit their work.

Article 7
(vii)-2 making a "transmission to the public" means making a transmission of wireless communications or wired telecommunications with the objective of allowing the public to receive them directly (excluding transmission(unless this constitutes the transmission of a work of computer programming) with telecommunicationsfacilities one part of which is installed on the same premises as the other parts (or, excluding, if two or more persons occupy the same premises, transmission with telecommunications facilities both ends of which are installed within the area the same person occupies));
(Right to transmit to the public)
Article 23 (1) The author of a work has the exclusive right to transmit to the public that work (this includes theright to make the work available for transmission, if the work is to be transmitted to the public via automatic public transmission).
(2) The author of a work has the exclusive right to publicly communicate the work being transmitted to the publicthrough a receiver,
Article 24 The author of a literary work has the exclusive right to recite that work publicly.
Article 25 The author of an artistic work or of an unpublished photographic work has the exclusive right to publicly exhibit the original work.