Basics of Copyright Law | IT Passport Exam Prep | Quotation, Private Use, Work Made for Hire

What Is Copyright

Copyright is a right that arises for works that creatively express thoughts or emotions. Japan adopts a no-formality system, meaning no registration procedure is required—rights are automatically granted at the moment of creation. The rights of the author are broadly divided into moral rights (which cannot be transferred) and economic rights (which can be transferred).

Protection Period

For individual works, the protection period is set at 70 years after the author's death. For works made for hire and cinematographic works, protection lasts 70 years after publication. Due to amendments related to the TPP in 2018, the period was extended from the previous 50 years to 70 years, so be sure to memorize the number 70 accurately for the exam.

The Three Types of Moral Rights

Moral rights consist of three types: the right to publish, the right to attribution, and the right to integrity. The right to publish is the right to decide whether to make an unpublished work public. The right to attribution is the right to decide whether to display one's name on the work, and the right to integrity is the right to prevent unauthorized alterations to the work.

Main Types of Economic Rights

Economic rights include the right to reproduce, the right to publicly transmit, the right to perform, the right to lend, and the right to adapt, all of which can be transferred. The exam may ask about which actions these rights apply to.

Exceptions (Cases That Do Not Constitute Infringement)

Reproduction for Private Use

Reproduction without the copyright holder's permission is permitted if the purpose is for personal or household use. However, downloading while knowing the source is an illegal distribution falls outside the scope of private use and constitutes an illegal act.

Quotation

When quoting a published work, it can be used without permission if three requirements are met: the quoter's own text is primary and the quotation is secondary (a main-subordinate relationship), the quoted portion is clearly distinguishable, and the source is clearly indicated. These three requirements are frequently tested on the exam.

Work Made for Hire (Corporate Authorship)

The rights to a work created by an employee in the course of their duties and published under the company's name belong to the corporation. This rule also applies to works such as computer programs.

Key Points Tested on the IT Passport Exam

The exam often asks about the protection period (70 years), the three requirements for quotation, the attribution of rights for works made for hire (to the corporation), and the scope of private use. Be sure to firmly grasp these points.

Typical Past Exam Question Patterns

• "How many years after the author's death does copyright protection last?" → 70 years
• "Which of the following correctly describes the conditions under which quotation is permitted?"

Related Terms

• Differences between patent rights, utility model rights, design rights, and trademark rights (Differences in Industrial Property Rights)
• Act on the Protection of Personal Information (Basics of the Personal Information Protection Law)

Study Tips

It's easier to organize your knowledge by contrasting that copyright protects expression, while patent rights protect ideas. For the protection period, memorize it as a set: "70 years after death" (individuals) and "70 years after publication" (corporate/cinematographic works). Also, be sure to master the three requirements for quotation (main-subordinate, clear distinction, source indication).

Summary

By focusing your studies on the protection period, the requirements for quotation, and works made for hire, you can score well on copyright-related questions. For further practice on the Strategy domain, visit the Strategy Summary. To test yourself in an exam-like format, use the Practice Exam.