わかる!著作権

Copyright〜distribution・transfer・loan〜

Right-kun, look at this!
Is this a DVD?
Yeah! I’ve wanted this from before and my friend gave it to me!
Good for you! But is that allowed?
Wait, is there a problem?
I’m not sure. I was worried about copyright.
Really, why?
I mean, DVDs are sold, and so can you just give it to another person?
I see. I haven’t thought about it that much. But I’m not going to sell it or anything so I think it’s okay?
Hmm… I still think it’s not okay. I mean, it’s not yours right?
I guess I’ll check just in case.
Answer

In this case, the copyright act will not be applied. It will only be applied when the DVD is rented to the public, or large amounts of people.


Interpretation

In this conversation, the two are talking about a DVD. Compared to other types of work, the Copyright Act applies differently to a DVD. DVDs follow the rights of distribution from Article 26 of the Copyright Act, while other works follow the rights of ownership transfer. The rights of ownership transfer disappears once it is applied. Furthermore, the right to rental ensures that the author monopolizes the right to rent their work to the public. The right to rental is important to our everyday life, and it relates to the rental in libraries as well.

Distribution rights)
Article 26 (1) The author of a cinematographic work has theexclusive right to distribute copies of that cinematographic work.
(2) The author of a work that is reproduced in a cinematographic work has the exclusive right to distribute that work in copies of the cinematographic work.
(Right of transfer)
Article 26-2 (1) The author of a work (except a cinematographic work; the same applies hereinafter in this Article) has the exclusive right to make that work available to the public through the transfer of the original work or a copy of the work (if the work is one that has been reproduced in a cinematographic work, this excludes making that workavailable to the public through the transfer of a copy of thecinematographic work; the same applies hereinafter in this Article).
(2) The provisions of the preceding paragraph do not apply if a work is offered to the public through the transfer of an originalor copy that falls under a category provided for in one of thefollowing items:
(i) an original work or a copy of a work that is transferred to the public by the person that owns the right provided for in the preceding paragraph or a person authorized thereby;
(ii) a copy of a work that is transferred to the public based on a compulsory license under the provisions of Article 67, paragraph (1) or Article 69, or a license under the provisions of Article 5, paragraph (1) of the Act on Special Provisions of the Copyright Act, Required in Consequence of theEnforcement of the Universal Copyright Convention (Act No. 86 of 1956);
(iii) a copy of a work that is transferred to the public based onthe application of the provisions of Article 67-2, paragraph(1);
(iv) an original work or a copy of a work that is transferred to exclusive groups made up of few persons by the person thatowns the right provided for in the preceding paragraph or by a person authorized thereby;
(v) an original work or a copy of a work that is transferred abroad without prejudice to any right equivalent to the rightset forth in the preceding paragraph, or that is transferred abroad by the person that owns any right equivalent to theright set forth in that paragraph or a person authorizedthereby.
(Right to rent out)
Article 26-3 The author has the exclusive right to offer thatauthor's work (except a cinematographic work) to the public by renting out copies of the work (if the work is one that has been reproduced in a cinematographic work, this excludes offeringthat work to the public by renting out copies of thecinematographic work).