Intellectual Property Rights and Copyright

Music, illustrations, programs, inventions—results created through human intellectual creativity are protected by law as “intellectual property.” Copyright is a familiar set of rules that concerns high school students in everyday situations, including quoting in reports, using images, and creating derivative works. In this lesson, we will study the overall structure of intellectual property rights and how copyright works.

Overall Structure of Intellectual Property Rights

Intellectual property rights are broadly divided into industrial property rights, which aim to promote industrial development, and copyright, which aims to promote cultural development. Industrial property rights arise through application and registration with the Japan Patent Office (the registration principle) and include the following four rights. ① Patent rights: protect advanced inventions (20 years from application); ② utility model rights: protect devices such as the shapes of articles (10 years from application); ③ design rights: protect product designs (25 years from application); ④ trademark rights: protect marks and names of goods and services (10 years from registration, renewable). In contrast, copyright arises automatically when a work is created, and no registration or other procedure is required (no-formality principle).

Contents of Copyright

A copyrighted work protected by copyright law is “a creatively expressed thought or sentiment” and includes novels, music, paintings, films, photographs, and programs. Authors’ rights are broadly divided into two types. ① moral rights of authors: the right of publication (deciding whether to publish), the right of attribution (deciding how the name is displayed), and the right to preserve integrity (not being altered without permission); these rights cannot be transferred. ② copyright (property rights): rights such as reproduction, public transmission, and performance, which can be transferred or inherited. The protection period is generally 70 years after the author’s death. Performers, record producers, and broadcasting organizations are also granted neighboring rights.

Exceptions and Quotation

Copyright law contains exceptions that allow works to be used without the rights holder’s permission. Representative examples are reproduction for private use (copying for enjoyment by an individual or within a household) and quotation. To be considered a lawful quotation, requirements include ① the work must have been published, ② one’s own writing must be the “main” part and the quoted section subordinate (a main–subordinate relationship), ③ the quoted section must be clearly distinguished using quotation marks or similar means (clear distinction), and ④ the source (author, title, and so on) must be indicated. There are also certain exceptions for use in school classes, but they are not unlimited.

Creative Commons Licenses

Creative Commons (CC) licenses are a system in which authors indicate that their works may be freely used if certain conditions are followed. Four conditions—BY (attribution: display the author’s credit), NC (noncommercial: do not use for commercial purposes), ND (no derivatives), and SA (share alike: publish under the same license)—are combined to specify a license. For example, “CC BY” is the most flexible license: modification and commercial use are allowed as long as the author’s name is displayed.

Practice Questions

1. Name the four rights included in industrial property rights and briefly state what each protects.
2. Explain what it means for copyright to follow the “no-formality principle,” comparing it with industrial property rights.
3. List at least three requirements that must be met to lawfully “quote” another person’s writing in a report.
4. Explain the conditions that must be followed when using an illustration licensed under “CC BY-NC.”