わかる!著作権

Infringements of rights-What to deem as constituting infringement

Right-kun! I heard that my favorite comedian KIN-HIKA was on a Tv program yesterday, but I couldn’t watch it. Do you know if it’s been uploaded to the internet?
Huh? aren’t you not allowed to upload footage from tv programs on the internet?
Oh right, it’s a copyrights violation.
Yeah. We tend to watch animes and stuff like that online, but we need to be careful not to watch unpermitted footage.
I wonder what other situations can be considered to be infringing of the Copyright act.

The author’s moral rights, copyright, publishing rights, performer’s moral rights, neighboring rights, are all rights that come up in Copy-chan and Right-kun’s conversation and are rights that are considered to be infringement when violated in the Copyright act.

These issues arise mainly when a work made by a Japanese person is used by a third party without permission and when the way it is being used is against what the author wants.

Also, for an act to be identified as an infringement, the rights of the work must remain in force. Even if the work is being used without the permission, if the rights of the work are out of effects, the act will not deemed to have constituted infringement.

(Acts deemed to constitute infringement)
Article 113 (1) The following acts are deemed to constitute infringement of the moral rights of the author, the copyright, the print rights, the moral rights of the performer, or theneighboring rights:
(i) the importation, for the purpose of distribution in Japan, of an object that is made through an act that, were the object to be made in Japan at the time of its import, would constitute infringement of the moral rights of the author, the copyright, the print rights, the moral rights of the performer, or theneighboring rights;
(ii) the distribution, possession for the purpose of distribution, offering for distribution, exportation in the course of trade, or possession for the purpose of exportation in the course of trade, of an object made through an act thatinfringes the moral rights of the author, the copyright, theprint rights, or the neighboring rights (including an objectimported as referred to in the preceding item), with knowledge of such infringement.
(2) The use of a copy made through an act that infringes thecopyright to a work of computer programming (including copies made by the owner of such copies pursuant to theprovisions of Article 47-3, paragraph (1) as well as copies of a work of computer programming imported as referred to in item (i) of the preceding paragraph and copies made by theowner of such imported copies pursuant to the provisions of Article 47-2, paragraph (1)) on a computer in the course of business is deemed to constitute an infringement of thecopyright, but only if the person using such copy had knowledge of such infringement at the time that the personacquired the title to use the copy.
(3) The following acts are deemed to constitute infringement of the moral rights of the author, the copyright, the moral rights of the performer, or the neighboring rights to which therelevant rights management information pertains:
(i) the intentional addition of false information as rights management information;
(ii) the intentional removal or alteration of rights management information (excluding when this is due to technological constraints involved in the conversion of recording or transmission methods and any other case in which this is found to be unavoidable in light of the purposeand circumstances of the exploitation of the work orperformance, etc.);
(iii) the distribution, importation, or possession for thepurpose of distribution, of copies of a work or performance, etc. with the knowledge that an act referred to in one of thepreceding two items has been carried out on such work orperformance, etc., or the transmission to the public ormaking available for transmission of such work orperformance, etc. with knowledge of such an act.
(4) With regard to the application of the provisions of the preceding paragraph, the right to receive the remunerationprovided for in Article 94-2; Article 95-3, paragraph (3); andArticle 97-3, paragraph (3) and the right to receive thesecondary use fees provided for in Article 95, paragraph (1) and Article 97, paragraph (1) are deemed to be neighboring rights. In this case, in the preceding Article, the phrase "ownerof neighboring rights" is deemed to be replaced with "ownerof neighboring rights (including the owner of rights deemed to be neighboring rights pursuant to the provisions of paragraph(4) of the following Article)", and in paragraph (1) of the preceding Article, the phrase "neighboring rights" is deemed to be replaced with "neighboring rights (including the rights deemed to be neighboring rights pursuant to the provisions of paragraph (4) of the following Article)".
(5) If the owner of a copyright or neighboring rights which personally publishes or allows another person to publish a commercial phonogram intended for distribution in Japan(hereinafter in this paragraph referred to as a "commercial phonogram for domestic distribution"), personally publishes orallows another person to publish, abroad, a commercial phonogram that is the same as the commercial phonogram for domestic distribution but that is intended exclusively for distribution abroad (hereinafter in this paragraph referred to as a "commercial phonogram for foreign distribution"), theknowing importation of the commercial phonogram for foreign distribution for the purpose of distribution in Japan; the knowing distribution in Japan of the commercial phonogram for foreign distribution; or the knowing possessionof the commercial phonogram for foreign distribution for thepurpose of distribution in Japan, is only deemed to constitute an act that infringes the copyright or neighboring rights of thecopyright owner or the owner of neighboring rights if theprofits that these persons would foreseeably obtain through thepublication of the commercial phonogram for domesticdistribution are unreasonably adversely affected by thedistribution in Japan of the commercial phonogram for foreign distribution; provided, however, that this does not apply with regard to the importation, distribution in Japan, or possessionfor the purpose of distribution in Japan, of a commercial phonogram for foreign distribution that is the same as a commercial phonogram for domestic distribution which has passed beyond the Cabinet-Order-specified period of not more than seven years counting from the day on which saidphonogram is first published in Japan.
(6) The exploitation of a work in a way that is prejudicial to thehonor or reputation of the author is deemed to constitute an infringement of the author's moral rights.