Business in local authority and copyright
    Chapter 10 Digital Works

    10. Digital Works

    Q 10-1 For the memorial exposition to celebrate the city's 100th anniversary, the city ordered a multimedia content to a company. As it is very good, the City Office is planning to sell it, reproducing it in CD-ROMs. Is there any problem of copyright?

    Answer

    It is first of all necessary to make sure of the ownership of copyright of the multimedia content.

    Usually, what is called a multimedia content is a compilation of such various kinds of works and data as moving/still images, sound and music, narration and so on, which are integrated by a computer program therein. The typical examples are CD-ROMs for personal computers and TV games, but there are still other types which are developing rapidly.

    Such a multimedia content is similar to a cinematographic work, in a sense, because both of them include a number of components such as moving image, music, narration and so on, which have been created through the participation of a lot of authors. A number of multimedia companies make contracts with the authors of such components so that their copyrights may be transferred to the company.

    In the case of the multimedia content in the question, which was ordered by the city, its copyright seems to be kept by the maker of the multimedia content (unless the city made a contract to transfer the copyright from the maker to the city). In this case, the city is authorized to present the multimedia content to the public in the exposition, however, for other uses it should obtain further authorization from the maker. To make a number of CD-ROMs it seems necessary to reproduce and/or adapt the original, however, such acts call for the authorization of the copyright owner.

    Therefore, making CD-ROMs and selling them without authorization would constitute an infringement. Also, if some pieces of music are included in it, it is usually also needed to obtain the authorization to use the music independently, because the copyright of musical works are usually not transferred to the maker of the multimedia content.

    Contact Point
    for Further Information
    Association of Copyright for Computer Software (ACCS)
    Japan Society for Rights of Authors, Composers and Publishers (JASRAC)
    Relevant Articles
    of the Copyright Law
    (ix), paragraph (1), Article 10 on works of computer programs
    Article 21 on the economic right of reproduction
    Article 27 on the economic right of adaptation



    Q 10-2 The City Office will organize a personal computer class for community people, however, the budget is limited. Is it OK to purchase only on copy of a computer program and copy it in the hard discs of all the computers?

    Answer

    No. The computer program mentioned in the question seems to be a package program, which is sold as a CD-ROM. Computer programs are protected by the Copyright Law as a type of works of authorship. Copying a computer program, therefore, means the reproduction of a preexisting work which should be done with the authorization of the author.

    Installing the purchased computer program within the hard disc of a personal computer also corresponds to the act of reproduction. A number of CD-ROMs are sold without copy guard, and therefore, are quite easy to be copied, for example, for all computers in an office. Such an act is of course an infringement of copyright, and the infringer may be sued for the criminal sanction as well as civil remedies.

    Some people may think that the use within the computer class is limited in terms of the site, time and purpose, however, reproduction without authorization always constitutes an infringement, in principle, regardless of the nature of such aspects.

    However, as purchasing a number of package programs for a number of computers is troublesome and expensive, some computer program companies are providing special styles of contracts for companies and schools which need a number of the same computer programs. The concrete contents of such contracts vary but an example is to sell just one copy of the program and, at the same time, to allow its reproduction up to a fixed number.

    Therefore, for the use in a computer class, the computer program company should be contacted to make sure if such a special contract is available.

    Contact Point
    for Further Information
    Association of Copyright for Computer Software (ACCS)
    Relevant Articles
    of the Copyright Law
    (ix), Paragraph (1), Article 10 on works of computer programs
    Article 21 on the economic right of reproduction



    Q 10-3 The city and a computer program company cooperated and made a computer program for databases. As the program has a good reputation, the city may distribute the copies to other municipalities, and therefore, the city would like to register the program. What kind of procedures should be completed?

    Answer

    First of all the contract between the city and the computer program company should be checked. If the city just ordered the creation of the computer program to the company, it does not mean that the city actually created the program together with the company. In this case, it is the company alone that owns the copyright. If the city would like to obtain the copyright under such a contract, there should be a stipulation in it which says that the copyright should be transferred to the city. Also, paying necessary money has nothing to do with the authorship or the ownership of copyright. The money for the creation is considered to be the remuneration for the act of the making and does not mean any transfer of copyright.

    On the other hand, if the official(s) of the city actually participated in the creation of the program, the program is a work made by an employee in the course of his duties from the viewpoint of the city, and its copyright is co-owned by the city and the company.

    The procedures for the registration of a computer program are different from the other categories of works, and the application should be sent to the Software Information Center (SOFTIC) rather than the Japan Copyright Office (JCO) of the government. The reason for the difference is, for example, as a computer program cannot be seen without reproduction, it is necessary to have applicants submit a copy printed on microfiche, CD/R or DVD-R and it should be checked by an expert.

    Contact Point
    for Further Information
    Software Information Center (SOFTIC)
    Relevant Articles
    of the Copyright Law
    Article 15 on works made by an employee in the course of his duties
    (ix), Paragraph (1), Article 10 on works of computer programs
    Article 76bis and 78bis on registration of computer programs

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