わかる!著作権

Author's moral rights-1

Right-kun! Can you read this novel I wrote?
Novel?[Once upon a time, there was an exceptionally cute Copy-chan and an exceptionally handsome Right-kun………… The end.]
Wow, What a masterpiece! Why did you write a novel?
Well, a friend of mine uploaded her short essay onto the internet, and that made me want to do so too!
I see. I hear that you need to care about the author’s moral rights when publicizing works.
Really?
There is no need for Copy-chan to worry about the author’s moral rights here, but when making work public, you need the right to make a work public which is included into the author’s moral rights.
The right to make a work public is a right pertaining work that has not yet been made public, and is the right to decide whether or not to make it public. Works that have been publicized or has been made known without the permission of the author are also considered as work that has not yet been made public.
Although not clearly stated in the provision, it is understood that it is a right that can also decide how the work will be publicized.
Also, The author’s moral rights unlike copyright, cannot be given to other people.
Article 18 (1) The author of a work not yet made public (this includes a work made public without the author's consent; thesame applies hereinafter in this Article) has the right to make available or present that work to the public. The same applies to any derivative work derived from an original work that has not yet been made public.
(2) In a case set forth in one of the following items, the author is presumed to consent to the action set forth in the relevant item:
(i) the author transfers the copyright to a work not yet made public: the making available or presentation of the work to the public through the exercise of the copyright to the work;
(ii) the author transfers an artistic or photographic work not yet made public: the presentation of the work to the publicthrough the exhibition of the original;
(iii) the copyright to an author's cinematographic work belongs to the producer of the cinematographic work pursuant to theprovisions of Article 29: the making available orpresentation of the work to the public through the exercise of the copyright to the work.
(3) In a case set forth in one of the following items, the author is presumed to consent to the action set forth in the relevant item:
(i) the author offers a work not yet made public to an administrative organ (meaning an administrative organprovided for in Article 2, paragraph (1) of the Act on Access to Information Held by Administrative Organs (Act No. 42 of1999; hereinafter referred to as "the Act on Access to Administrative Organs' Information")) (unless the authormanifests an intention to the contrary by the time of thedecision to disclose it under the provisions of Article 9, paragraph (1) of the Act on Access to Administrative Organs' Information): the making available or presentation of thework to the public by the head of the administrative organ, pursuant to the provisions of the Act on Access to Administrative Organs' Information;
(ii) the author offers a work not yet made public to an incorporated administrative agency, etc. (meaning an incorporated administrative agency, etc. provided for in Article 2, paragraph (1) of the Act on Access to Information Held by Incorporated Administrative Agencies (Act No. 140 of 2001; hereinafter referred to as "the Act on Access to Incorporated Administrative Agencies' Information"); thesame applies hereinafter), (unless the author manifests an intention to the contrary by the time of the decision to discloseit under the provisions of Article 9, paragraph (1) of the Act on Access to Incorporated Administrative Agencies' Information): the making available or presentation of thework to the public by the incorporated administrative agency, etc., pursuant to the provisions of the Act on Access to Incorporated Administrative Agencies' Information;
(iii) the author offers a work not yet made public to a local government agency or local incorporated administrative agency (unless the author manifests an intention to thecontrary by the time of a decision to make a disclosure): themaking available or presentation of the work to the public by an organ of the relevant local public entity or the relevantlocal incorporated administrative agency, pursuant to theprovisions of the Information Disclosure Ordinances (meaning the Prefectural or Municipal Ordinances of therelevant local government agency which provide for the rightof a resident, etc. to request that entity or agency to disclosethe information it holds; the same applies hereinafter).
(4) The provisions of paragraph (1) do not apply in any of thefollowing cases:
(i) a work not yet made public in which information provided for in Article 5, item (i) (b) or (c) or the proviso to Article 5, item (ii) of the Act on Access to Administrative Organs' Information has been recorded, is made available or presented to the public by the head of an administrative organ pursuant to the provisions of that Article, or a work not yet made publicis made available or presented to the public by the head of an administrative organ pursuant to the provisions of Article 7 of the Act on Access to Administrative Organs' Information;
(ii) a work not yet made public in which information provided for in Article 5, item (i) (b) or (c) or the proviso to Article 5, item (ii) of the Act on Access to Incorporated Administrative Agencies' Information has been recorded, is made available orpresented to the public by an incorporated administrative agency, etc. pursuant to the provisions of that Article, or a work not yet made public is made available or presented to the public by an incorporated administrative agency, etc. pursuant to the provisions of Article 7 of the Act on Access to Incorporated Administrative Agencies' Information;
(iii) a work not yet made public (limited to a work in which information equivalent to that provided for in Article 5, item(i) (b) or the proviso to Article 5, item (ii) of the Act onAccess to Administrative Organs' Information has been recorded) is made available or presented to the public by a local government agency or by a local incorporated administrative agency pursuant to the provisions of theInformation Disclosure Ordinances (limited to those with provisions equivalent to Article 13, paragraphs (2) and (3) of the Act on Access to Administrative Organs' Information; thesame applies in item (v));
(iv) a work not yet made public (limited to a work in which information equivalent to that provided for in Article 5, item(i) (c) of the Act on Access to Administrative Organs' Information has been recorded) is made available or presented to the public by a local government agency or by a local incorporated administrative agency pursuant to the provisions of the Information Disclosure Regulations;
(v) a work not yet made public is made available or presented to the public by a local government agency or by a local incorporated administrative agency pursuant to provisions of the Information Disclosure Ordinances that are equivalent to the provisions of Article 7 of the Act on Access to Administrative Organs' Information.