わかる!著作権

Copyright -derivative work, adaptation, translation-

Hey Right-kun! The light novel that you were reading right now is the one that was animated right?
Yeah it is! The animation was very entertaining, so I bought the light novel as well!
I didn’t know it was that good! Which was more entertaining, the light novel or the book?
That’s a difficult decision… They’re both based on the same story, but they each have their own unique taste…
I see! I guess the light novels and animations are both very different.
Well, the people that work on it are probably completely different. The director creates a very distinct taste.
Oh! So that means that since someone else is making the animation, the animation company asked permission from the author of the light novel.
I think so. But I haven’t learned about this type of copyright yet.
Animations are different from books, so it’s not the right of reproduction, right of screen representation is a little bit different… What is is called?
I have no idea…

The type of copyright that Copy and Right are looking for is the rights for translation and adaptation. According to Article 27 of the Copyright Act, “The author shall have the exclusive right to translate, arrange musically or transform, or dramatize, cinematize, or otherwise adapt his work.”
In simpler terms, the rights for translation and adaptation allows the author to control the translation, musical arrangements, transformations, dramatizations and climatizations of one’s work. The work that is created from these types of translations are called “derivative work”. Referring back to the conversation above, the derivative work would be the animated version of the light novel. In this case, the author of the original and derivative work will be two separate people. Derivative work not only refers to animations, but also movies and TV shows.
Adding on, translated videos that are uploaded to the internet without permission violate the right of translation, so be careful.
(Translation rights, adaptation rights, etc.)
Article 27 The author of a work has the exclusive right totranslate that work, compose a musical arrangement of it, reformulate it, dramatize it, make a film adaptation of it, orotherwise adapt the work.
(Rights of the original author in connection with the exploitation of a derivative work)
Article 28 The author of the original work underlying a derivative work holds exclusive rights in the same categories as the rights prescribed in this Subsection that the author of thederivative work holds in connection with the exploitation of that derivative work.
article 2
(abridgement)
(xi) "derivative work" means a work created by translating, composing as a musical arrangement, reformulating, dramatizing, making into a cinematographic work, orotherwise adapting a pre-existing work;
(Translation rights, adaptation rights, etc.)
Article 27 The author of a work has the exclusive right totranslate that work, compose a musical arrangement of it, reformulate it, dramatize it, make a film adaptation of it, orotherwise adapt the work.

(Exploitation by means of translation, adaptation, etc.)
Article 43 If it is permissible to exploit a work pursuant to theprovisions set forth in one of the following items, it is also permissible to exploit that work in accordance with theprovisions set forth in that item by the means set forth in thatitem:
(i) Article 30, paragraph (1); Article 33, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph(4) of the same Article); Article 34, paragraph (1); and Article35: translation, musical arrangement, reformulation, andadaptation;
(ii) Article 31, paragraph (1), item (i); Article 32; Article 36; Article 37, paragraph (1) or (2); Article 39, paragraph (1); Article 40, paragraph (2); Article 41; or Article 42: translation;
(iii) Article 33-2, paragraph (1): reformulation andadaptation;
(iv) Article 37, paragraph (3): translation, reformulation, andadaptation;
(v) Article 37-2: translation and adaptation.