わかる!著作権

The Term of Protection

Copyright sure has a lot of types.
Yeah...
But you know, I feel so restricted when they’re like you can’t do that, and you also can’t do that.
There are people who are able to have a life because of these rules.
I know, but i really don’t feel the need for them to protect it forever! I really don’t think I would care about my novel if i died.
I would hate it if somebody just used my work as they liked after my death.
In the copyright act, the duration of copyright is stated in a graph like the one below.
(graph)
once the duration has passed, the copyright disappears, and makes the work free to use. This allows for example Aozora-bunko which is a website in which old literary works are being presented for the public to read.(https://www.aozora.gr.jp/)
Section 4 Term of Protection
(The term of protection, in general)
Article 51 (1) The duration of copyright begins at the time the work is created.
(2) Unless otherwise specified in this Section, a copyright subsists for a period of fifty years after the death of theauthor (or the death of the last surviving co-author, for a joint work; the same applies in paragraph (1) of next Article).
(The term of protection for an anonymous or pseudonymous work)
Article 52 (1) The copyright to an anonymous or pseudonymous work subsists for a period of fifty years after the work is made public; provided, however, that if, before the expiration of a duration of copyright for an anonymous or pseudonymous work, it is found that fifty years have elapsed since the death of the author of thatwork, the copyright is deemed to have expired at the time that is found to constitute the expiration of fifty years since the death of the author.
(2) The provisions of the preceding paragraph do not apply in any of the following cases:
(i) the pseudonym adopted by the author of a pseudonymous work is commonly known to be that author's pseudonym;
(ii) the author's true name is registered pursuant to Article 75, paragraph (1), within the period referred to in the preceding paragraph;
(iii) the author makes the work public using the author's true name or the pseudonym by which the author is commonly known to indicate the name of the author, within the period referred to in the preceding paragraph.
(The term of protection for works attributed to an organization)
Article 53 (1) The copyright to a work whose authorship is attributed to a corporation or other organizationsubsists for a period of fifty years after the work is made public (or for a period of fifty years after the creation of the work, if the work is not made public within fifty years of its creation).
(2) The provisions of the preceding paragraph do not apply if the individual who is the author of a work whose authorship is attributed to a corporation or other corporate body, makes the work public and uses that individual's true name or the pseudonym by which that individual is commonly known to indicate the name of the author, within the period referred to in the preceding paragraph.
(3) With respect to the duration of copyright for a work whose authorship has been attributed to a corporation orother corporate body pursuant to the provisions of Article 15, paragraph (2), even if such a work does not fallunder the category of works provided for in paragraph (1), it is deemed to be attributed to the relevant corporate body, and the provisions of paragraph (1) apply.
(The term of protection for cinematographic works)
Article 54 (1) The copyright to a cinematographic work subsists for seventy years after the work is made public(or for seventy years after the creation of the work, if the work is not made public within the seventy years after its creation).
(2) When the copyright to a cinematographic work expires at the expiration of the duration of copyright, thecopyright to original work connected with that cinematographic work also expires as regards the exploitation of the cinematographic work.
(3) The provisions of the preceding two Articles do not apply to the copyright to a cinematographic work.
Article 55 [Deleted]
(The time at which a serial publication, etc. is made public)
Article 56 (1) The time at which a work is made public as referred to in Article 52, paragraph (1); Article 53, paragraph (1); or Article 54, paragraph (1) is the time at which each volume, issue, or installment is made public, for works that are made public successively in volumes, issues, or installments, or the time at which the last part of the work is made public, for works that are made public sequentially in parts.
(2) If the subsequent part of a work that is completed after being made public sequentially in parts, has not been made public even though three years have passed since the most recent part was made public, the last of the parts of the work that has been made public is deemed to be the last part of the work for the purposes of the preceding paragraph.
(Calculation of the term of protection)
Article 57 In calculating the end of the fifty-year period following the death of the author; the fifty-year periodafter a work is made public or created; or the seventy-year period after a work is made public or created, in a casereferred to in Article 51, paragraph (2); Article 52, paragraph (1); Article 53, paragraph (1); or Article 54, paragraph (1), the starting point for the calculation is the year after the year in which the author dies or the workis made public or created.
(Special provisions on the term of protection)
Article 58 If, pursuant to the provisions of the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty, or the Marrakesh Agreement Establishing the World Trade Organization, thecountry of origin of a work (except a work falling under Article 6, item (i)) is a foreign country that is a memberof the International Union established by the Berne Convention, a contracting party to the WIPO Copyright Treaty, or a member of the World Trade Organization, and if that country of origin has established a shorter duration of copyright for such a work than what is provided for in Articles 51 through 54, the duration of copyright for that work is the duration established by the country of origin.