A creative expression of thought or emotion that belongs to the scope of literary, academic, art or music
Rights Protected by Copyright Law
The estimated total damage to the pirate site "Mangamura" is about 320 billion yen in half a year, and the damage caused by copyright infringement using the Internet is expanding. Illegal uploads and downloads can have a huge impact on a company's competitiveness and sources of income. It is an era in which content that has been diligently created can be copied without producing the value of 1 yen.
In addition to copyright infringement using the Internet, there is no end to the damage caused by plagiarism of treatises and unauthorized publication of photographs. Moreover, these damages can spread quickly and threaten the lifeline of the business. On the other hand, there are some cases in which people are overwhelmed by time and tend to use the copyrighted works of others on the impulse of the moment. Even if you mean no harm, if the fact is revealed to the public, it will be hit by the media, suffering from bad rumors, and the company's credibility will be lost. For those who run a business, copyright can be both an ally and an enemy.
We have prepared the following four service menus to protect the copyrighted works that are your valuable property and not to infringe the copyrights of others. If you encounter a copyright problem, we will help you to find the best solution based on our experience and know-how, so please feel free to contact us if you have any problems.
■Copyright Consultation Service
This service is provided by staff who are familiar with Japanese Copyright law under the jurisdiction of the Agency for Cultural Affairs and international laws such as the Berne Convention and the WIPO Copyright Treaty. We will consult with clients and give appropriate advice.
Please feel free to contact us for any problems or questions that may arise near you. Professional staff will explain in an easy-to-understand manner. In addition, if countermeasures are required, we will propose the best solution for the client.
■Copyright Registration Support Service
Copyright is a relative exclusivity, and even if someone creates the same thing that was created before, if he or she created it independently without knowing the existence of the previously created work, he or she would also be entitled with copyright. In addition, this right is a right that automatically is entitled to that person at the time the work is created. Therefore, you can exercise your rights without having to go through the registration procedure. So why is there a registration system for copyright?
Think of copyright registration as a way to prove that you are the creator, but not to obtain a right like a patent or utility model. As mentioned earlier, even if there are two identical works in the world, if the person who created it later created with originality, that person is also entitled with copyright. However, from the point of view of the person who created it earlier, it is no wonder that he suspects imitation. Most copyright disputes are thus focused on by imitating / not imitating, stealing / not stealing.
To resolve these disputes, it is necessary to prove when and by whom the work was created. Copyright registration is to make it easier to prove the creator and time of creation of a work, as well as the content of the creation.
The copyright can also be transferred to another person. At that time, by using it as a means of confirming when and by whom the work was created, it also has the effect of giving the transferee a sense of security.
We recommend copyright registration to improve dispute resolution and credibility at the time of transfer.
Note that copyright registration proves the fact of registration regarding who created it and when, and does not really prove that the person is the true creator. Therefore, for important works, we recommend that you keep the creation process and creation records under the approval of a third party.
■Infringement Elimination Service
There are two ways to eliminate copyright infringement: civil procedures such as injunctions, claims for damages, and rehabilitation, and criminal procedures for fines and imprisonment. The response method is case-by-case, but it is necessary to make an appropriate decision by looking at the infringer and the infringement situation.
Furthermore, in the case of infringement using the Internet, many people, such as server operators and administrators, people who uploaded illegal content to the server, or people who downloaded it from the server knowing that it was illegal content, etc. are involved in infringement. At that time, the important point is who to take action with.
If you make a mistake in the target or the elimination method, the copyrighted work may spread endlessly and become out of control. How quickly you can stop the infringement is of utmost importance. In addition, we must consider measures with a firm view of how to recover the damage caused by the infringement.
We will properly judge the situation of infringement, propose a solution that minimizes the risk of the client, and help to eliminate the infringing product and recover the damage at an early stage.
In addition, we will advise you on what to do if you happen to infringe the copyright of another entity.
What Japanese people lack compared to Westerners is "awareness of rights."
Since ancient times, Japan has had the spirit of humility (gift). However, in the world of intellectual property, it is important to be aware that it is a vice, not a virtue. Providing a hard-working work to others for free is the same as strangling yourself. To prevent this, individual awareness of rights is important. "Respect the rights of others and justify your rights." If this is not strictly enforced as a company rule, the risk of serious damage from infringement or plagiarism increases. It is bad to violate or steal other person's rights. However, in that case, it cannot be said that there was no any fault in the person who was infringed or plagiarized. To prevent this, it is necessary to reform and foster awareness of rights.
For the purpose of this awareness reform and awareness cultivation, we will explain the precautions for copyright in an easy-to-understand manner, including cases of infringement cases and illegal acts, and trends of law revisions related to copyright. In addition, we will introduce the attitude toward copyright, advance defense measures, countermeasures in case of infringement, etc. in the lecture.
If you think it is necessary to change your awareness and foster a corporate culture regarding copyright, please feel free to contact us.