わかる!著作権

Copyright~performances~

Ta-dah! Look at this!
Wow, what is this! Oh it’s the theater club.
Yeah! The theater club is going to perform a Shakespeare play soon. Here’s the invitation letter.
Shakespeare sounds a little boring though…
I don’t think so. Apparently a lot of people are helping out with this play, and according to what I’ve heard from my friend in theater club, it sounds very interesting. Apparently the brass band is going to perform a very famous song at the end of the show!
Hmm, sounds spectacular!
Yeah. Many people are getting involved with this school wide event.
Wait, but have you gotten permission?
Permission? What are you talking about?
Permission to use scripts, songs, things like that. The rules are very strict nowadays.
I’m not sure… I haven’t heard anything about that.
Maybe you should ask your friend about that.
That’s probably a good idea.

Plays and performances at school events are almost always an essential part of school festivals. However, that doesn’t mean that you can forget about the law. For example, in the above-mentioned situation, you must think about two types of copyright laws; right of screen presentation and right of performance. These laws allow authors to monopolize the right to present and perform their work in public. Therefore, schools must also get permission before using other people’s work. However, if the purpose of the performance is not money, and the performer is not getting paid, you are allowed to perform another author’s work. Nevertheless, you must always get the permission of the author in order to copy scripts.

Article 2
(前略)
(xvi) "stage performance" means acting a work other than by giving a musical performance (a musical performanceincludes singing; the same applies hereinafter)
(Stage performance rights and musical performance rights)
Article 22 The author of a work has the exclusive right to give a stage performance or musical performance of the work with thepurpose of having it seen or heard directly by the public(hereinafter referred to as "publicly").



(Stage performances, etc. for non-commercial purposes)
Article 38 (1) It is permissible to publicly give a stage performance or a musical performance, make an on-screen presentation, or give a recitation of a work that has been made public, if this is done for non-commercial purposes and without charging a fee to the listening or viewing audience (a feemeaning anything of value received in exchange for offering orpresenting the work to the public, regardless of what it is called; the same applies hereinafter in this Article); provided, however, that this does not apply if a performer or reciter is paid any remuneration for the stage performance, musical performance, on-screen presentation, or recitation.
(2) It is permissible to cablecast a broadcast work or to transmit such a work via automatic public transmission (this includes theautomatic public transmission of a broadcast work that is made available for transmission by the data for it being input to an automatic public transmission server that is connected with a public telecommunications network) for non-commercial purposes and without charging a fee to the listening or viewing audience, with the objective of allowing an exclusive audiencewithin the service area that the broadcast is intended for to receive that broadcast.
(3) It is permissible to publicly communicate a broadcast orcablecast work (including a broadcast work that is transmitted via automatic public transmission) through a receiver for non-commercial purposes and without charging a fee to the listeningor viewing audience. The same applies if the work is communicated publicly through receivers of a kind commonly used in private homes.
(4) It is permissible to offer a work that has been made public to the public (except a cinematographic work) by renting out copies of that work (if the work is one that has been reproduced in a cinematographic work, this excludes offering that work to the public by renting out copies of the cinematographic work), if this is done for non-commercial purposes and without charging a fee to persons renting copies of the work.
(5) An audiovisual education facility or any other facility(excluding one set in place for commercial purposes), designated by Cabinet Order, that aims to offer cinematographic films and other audiovisual materials for public use, or a personprovided for by Cabinet Order that is referred to in the preceding Article and that is engaged in an undertaking related to the welfare of persons with hearing impairments, etc. (limited to a person concerned with item (ii) of that Article, andexcluding a person that engages in that undertaking for commercial purposes) may distribute a cinematographic workthat has been made public, by renting out copies of it, if it does so without charging a fee to the persons renting copies of thework. In this, the person distributing the work must pay a reasonable amount of compensation to the owner of the right set forth in Article 26 (including paying such compensation to the person that, pursuant to the provisions of Article 28, owns the same right to the relevant work as the right set forth in Article 26) for the cinematographic work or the work reproduced in that cinematographic work.