FAQ/What works are protected in Japan?

 

{FAQ} What works are protected in Japan?

Copyrights (economic rights) and moral rights initially vest in an author who creates a ”work.” Therefore, it’s of great importance whether or not a work falls under a “work” defined under the Copyright Act.

The term “a work (works)” is used to refer to a wide range of intellectual creations, from novels to architecture, computer programs, and more. Specifically, works commonly protected by copyright in Japan include (examples of copyrightable works include) the following:

▷ novels, scenarios, articles, lectures, and other literary works;

   [Note] As for a slogan, a catchphrase, or other short phrase, copyright protection may or may not be available, depending on whether they contain sufficient creativity.

▷ musical works;

▷ works of choreography and pantomime;

▷ paintings, woodblock prints, sculptures, and other works of fine art (artistic works);

   [Note] An "artistic work" includes a work of artistic craftsmanship.

   [Note] As for a work of applied art, copyright protection may or may not be available, depending on whether it contains the sufficient nature of beauty as opposed to utility (usefulness).

▷ works of architecture;

▷ maps and other diagrams of an academic nature, such as plans, charts, and models;

▷ cinematographic works;

▷ photographic works; and

▷ works of computer programming.

 

On the other hand, the following are not copyrightable:

▷ simple data, mere facts, miscellaneous news of the day, and a scientific discovery;

▷ an idea, a concept, a method, a system, a procedure, a process, and a principle;

▷ an imitation of a work;

▷ an industrial product;

▷ a title or name of a work;

▷ typeface; and so on.

 

(ref.) Art.2(8) of Berne Convention

The protection of this Convention shall not apply to news of the day or to miscellaneous facts having the character of mere items of press information.

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