{FAQ}
What is the “non-formality rule”?
Generally,
to be legally secured, incorporeal (intellectual) property rights such as a
patent right and a trademark right require application and registration. On the
other hand, a copyright, which is among the incorporeal property rights, does
not require such steps and is granted automatically to the author once the work
has been created, which legal doctrine is often called the “non-formality rule”
(See Art.17(2)). This basic rule has been widely accepted internationally (See
Art.5(2) of Berne Convention).
(ref.)
Art. 17(2) of Copyright Act
Enjoyment
of the moral rights of an author and of copyrights requires no formalities.
(ref.)
Art. 5(2) of Berne Convention
The
enjoyment and the exercise of these rights shall not be subject to any
formality;…
[Note]
The way in which copyright protection is secured is frequently mistaken by the
general public. Copyrights are secured automatically when a work is created. No
registration or publication is required to secure copyrights. The widely known
© symbol is not required, either.
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