Commons:Copyright rules by territory/Japan
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Copyright rules: Japan Shortcut: COM:JAPAN | |
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_(Japan_centered).svg) | |
| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Publish + 70 years |
| Government | Laws, judgements, notices free |
| Other | |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-Japan}} {{PD-Japan-exempt}} {{PD-Japan-organization}} {{PD-Japan-film}} {{PD-Japan-oldphoto}} {{PD-Japan-audio}} {{FoP-Japan}} {{TOO-Japan}} |
| ISO 3166-1 alpha-3 | JPN |
| Treaties | |
| Berne convention | 15 July 1899 |
| WTO member | 1 January 1995 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 6 March 2002 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 1926 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Japan relevant to uploading works into Wikimedia Commons. Note that any work originating in Japan must be in the public domain, or available under a free license, in both Japan and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from the Japan, refer to the relevant laws for clarification.
Governing laws
Japan has been a member of the Berne Convention since 15 July 1899, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.[1] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Act No. 48 of May 6, 1970, as amended up to Act No. 35 of May 14, 2014) as the main IP law enacted by the legislature of Japan.[1] WIPO holds the text of this law in their WIPO Lex database.[2] In December 2018, the Agency for Cultural Affairs announced that the copyright term has been extended from 50 years to 70 years after the author's death, complying with the agreement of the Trans-Pacific Partnership.[3] This doesn't affect the work that has already been in public domain before 30 December 2018.
Durations
Under the Copyright Act (Act No. 48 of May 6, 1970, as amended up to Act No. 30 of May 25, 2018),
- Copyright subsists for the life of the author plus 70 years.[35/1970-2018 Art. 51]
- If the work is anonymous or pseudonymous, the copyright lasts for 70 years after the publication or the death of the author, whichever is the earlier.[35/1970-2018 Art. 52]
- Cooperative works: 70 years from first publication (or creation if unpublished).[35/1970-2018 Art. 53]
- The copyright of a work in the name of an organization expires 70 years after publication, or 70 years after the creation if the work is not published within 70 years after creation.[1899-1931 Art. 53]
- The preceding provision shall not apply when the author registers the work to the copyright office while the protection period specified in the preceding provision.[1899-1931 Art. 53.2]
- For audio recordings, the term is 70 years after publication. See {{PD-Japan-audio}} for details.
- The copyright period has been extended from 50 years to 70 years in 2018. Works whose copyright has expired before the effective date are not affected.
- Since June 18, 2003, cinematographic works are exceptionally protected for 70 years, instead of 50 years, after the publication, or 70 years after the creation if the film is not published within 70 years of the creation.[1899-1931 Art. 54]
- 38 years after the creator's death if it was published as his work before 1971.[1899-1931 Art. 22-3][1899-1969 Art. 3][4]
- All films produced in Japan prior to 1953 and directed by a person who died more than 38 years ago are in the public domain. See template {{PD-Japan-film}} for details.
- Photographs: 10 years from first publication (or creation if unpublished) before 1957.[1899-1931 Art. 23]
- Copyright protection for photographs published on or before December 31, 1956 has been ended, whether the author is alive or not.
- The term of protection for works from 1970 or before is the longer of the term under the old Copyright Act and that under the current Copyright Act. This provision especially affects the copyright status of cinematographic works.
- There is an extension for Axis powers in WWII, which is essentially 11 years added to the copyright protection length.
- If the work was also published in the U.S. within 30 days (or it was first published in the United States), it was also protected under U.S. law but not affected by the URAA restoration. See Commons:PD files and Commons:Hirtle chart.
Not protected
See also: Commons:Unprotected works
Under the Copyright Act (Act No. 48 of May 6, 1970, as amended up to Act No. 35 of May 14, 2014) the following are not eligible for copyright.[35/1970-2014 Art. 13]
- the Constitution and other laws and regulations;
- public notices, instructions, circular notices and the like issued by organs of the State or local public entities, incorporated administrative agencies ... or local incorporated administrative agencies ...;
- judgments, decisions, orders and decrees of courts, as well as rulings and judgments made by government agencies in proceedings of a quasi-judicial nature;
- translations and compilations prepared by organs of the State or local public entities, incorporated administrative agencies or local incorporated administrative agencies of [any of] the materials listed in the preceding three items.
Terms
Individual works
| Date of author's death | Date of publication | Copyright tag |
|---|---|---|
| – December 31, 1945 | – December 31, 1926 | {{PD-Japan}} + {{PD-old-auto-expired}}{{PD-Japan}}{{PD-old-auto-expired|deathyear=death year}}
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| – December 31, 1945 | January 1, 1927 – December 31, 1957 January 1, 1971 – |
{{PD-Japan}} + {{PD-old-auto-1996}}{{PD-Japan}}{{PD-old-auto-1996|country=Japan|deathyear=death year}}
|
| – December 31, 1945 | January 1, 1958 – December 31, 1970 | {{PD-Japan}} + {{Not-PD-US-URAA}}The work was still in copyright in Japan on the date of URAA restoration (January 1, 1996) because copyright of the posthumous work was valid for 38 years from its publication before 1971.[1899 Art. 4][1969 Art. 52-1]{{PD-Japan}}{{Not-PD-US-URAA|country=Japan}}
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| January 1, 1946 – December 31, 1967 | – December 31, 1926 | {{PD-Japan}} + {{PD-old-auto-expired}}{{PD-Japan}}{{PD-old-auto-expired|deathyear=death year}}
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| January 1, 1927 – | {{PD-Japan}} + {{Not-PD-US-URAA}}[note 1]{{PD-Japan}}{{Not-PD-US-URAA|country=Japan}}
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| Others | The work is still protected under Japan law. | |
Anonymous or Pseudonymous works
If the author of the work is unveiled during its copyright term, it is protected as an individual work. e.g. Osamu Tezuka (手塚 治, died in 1989) and his pen name "手塚 治虫" are well-known among people, so his works will be protected in Japan until 2059.
| Date of publication | Copyright tag |
|---|---|
| – December 31, 1926 | {{PD-Japan}} + {{PD-anon-expired}}{{PD-Japan}}{{PD-anon-expired}}
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| January 1, 1927 – December 31, 1945 | {{PD-Japan}} + {{PD-anon-auto-1996}}{{PD-Japan}}{{PD-anon-auto-1996|country=Japan|publication=year}}
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| January 1, 1946 – December 31, 1967 | {{PD-Japan}} + {{Not-PD-US-URAA}}[note 1]{{PD-Japan}}{{Not-PD-US-URAA|country=Japan}}
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| Others | The work is still protected under Japan law. |
Cooperative works
| Date of publication | Copyright tag |
|---|---|
| – December 31, 1926 | {{PD-Japan-organization}} + {{PD-US-expired}}{{PD-Japan-organization}}{{PD-US-expired}}
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| January 1, 1927 – December 31, 1945 | {{PD-Japan-organization}} + {{PD-1996}}{{PD-Japan-organization}}{{PD-1996|country=Japan}}
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| January 1, 1946 – December 31, 1967 | {{PD-Japan-organization}} + {{Not-PD-US-URAA}}[note 1]{{PD-Japan-organization}}{{Not-PD-US-URAA|country=Japan}}
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| Others | The work is still protected under Japan law. |
Old photographs
| Date of creation | Date of publication | Copyright tag |
|---|---|---|
| – December 31, 1946 | Any date | {{PD-Japan-oldphoto}}{{PD-Japan-oldphoto}}
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| January 1, 1947 – December 31, 1956 | – December 31, 1956[5] | {{PD-Japan-oldphoto}}{{PD-Japan-oldphoto}}
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| January 1, 1957 – (within 10 years) | Judged under 1970 Copyright law. (as an individual work or pseudonymous work) | |
| Not published within 10 years from creation | {{PD-Japan-oldphoto}}{{PD-Japan-oldphoto}}
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| January 1, 1957 – | Any date | Judged under 1970 Copyright law. (as an individual work or pseudonymous work) |
Exceptions
- For some government works, {{PD-Japan-exempt}}
- For pre-1953 films directed by a person who died more than 38 years ago. This may not exclude the company's work. e.g. In 2006, Roy Export Company Establishment sued a Japanese company that was copying Sunnyside (1919) and other pre-1953 films directed by Charlie Chaplin. Tokyo distinct court judged that Chaplin held their copyright. They have been protected until 2015 (38 years after his death, according to the older copyright law) or 70 years after their publication, plus more additional period by the wartime prolongation).[6]
- {{PD-Japan-film}} + choose from {{PD-US-expired}}, {{PD-1996}} (–1945) or {{Not-PD-US-URAA}} (1946–1953)
- For other films, No one expires copyright yet. (earliest 2025)
- FoP (photographs of an architectural work) {{FoP-Japan}} + free license tag for the image
- FoP (photographs of the copyrighted artwork or sculpture located in a public space) {{NoFoP-Japan}} (Not accepted on Commons)[7]
- TOO (Logo) {{TOO-Japan}} + Public domain for the image
Copyright tags
See also: Commons:Copyright tags
- {{PD-Japan-oldphoto}} – for Japanese photos published before 31 December 1956, or photographed before 1946 and not published for 10 years.
- {{PD-Japan}} – for Japanese non-photographic works 50 years after the death of the creator (there being multiple creators, the creator who dies last), or 50 years after publication for anonymous or pseudonymous authors. Valid for works whose author died before 1968.
- {{PD-Japan-film}} – for films produced in Japan prior to 1953.
- {{PD-Japan-organization}} – for images of the works in names of organizations/companies/corporations 50 years after the publication. Valid for works by the name of organizations which were published before 1968.
- {{PD-Japan-exempt}} – for works exempt from copyright in Japan.
- {{GJSTU1}} - For contents made available on government websites under the Government of Japan Standard Terms of Use (Version 1.0).
- {{GJSTU-2.0}} - For contents made available on government websites under the Government of Japan Standard Terms of Use (Ver.2.0); compatible with CC BY 4.0.
Non-copyright tags:
- {{FoP-Japan}} may be added to a picture that includes architectural works, which are allowed under the "freedom of panorama" rule, but other tags should be given to show the picture's copyright status in Japan and the United States.
- {{AerialPhotograph-mlitJP}} – The copyright holder, the Ministry of Land, Infrastructure, Transport and Tourism of Japan, allows anyone to use th image for any purpose, provided that the copyright holder is properly attributed.
Currency
See also: Commons:Currency
OK. The designs of the Japanese banknotes are published as state-issued 'Notifications' which exempt them from copyright protection under Copyright Law of Japan.[8]
{{PD-Japan-exempt}} applies to them.
[9]
De minimis
See also: Commons:De minimis
Copyright Act Article 30-2, amended in 2012, states:
- Article 30-2: When creating a copyrighted work of photography, sound recording or video recording, other copyrighted items that are incidental subjects of the work because they are hard to be separated from the item that is a subject of the work may be copied or translated along the work being created (only if they are minor components of the work being created). However, if, considering the kinds of the incidentally included works and the manner of the copying or translation, it unfairly is prejudicial to the interest of the copyright holders of the incidentally included works, they may not.[10]
Freedom of panorama
See also: Commons:Freedom of panorama
- for artistic works:
Not OK {{NoFoP-Japan}} except in cases governed by Article 46. - for buildings only: OK {{FoP-Japan}}
The Copyright Act (Act No. 48 of May 6, 1970, as amended up to Act No. 35 of May 14, 2014), allows the reproduction of artistic works located permanently in open places accessible to the public, such as streets and parks, or at places easily seen by the public, such as the outer walls of buildings, only for non-commercial purposes. Therefore, such photographs are not free enough for Commons.
Architectural works (i.e., buildings) located in such places may be photographed and the photos may be reproduced for any purposes. §46(iv), which contains the "non-commercial" restriction, applies only to "artistic works".[1899-1931 Art. 46(iv)] Some buildings like the Tower of the Sun can be regarded as artistic works per discussion.
Regarding buildings, a 2003 ruling by the Osaka District Court states that in order for a building to be copyrighted, it "must have creativity in aesthetic expression in light of the definition of works stipulated in Article 2, Paragraph 1, Item 1 of the same Act." This means ordinary-looking buildings are not eligible for copyright protection as "architectural works".
Note: According to Japanese copyright law, Japan has a copyright lifetime of 70 years after the death of the author (ie. creator/designer) or following "the death of the last surviving co-author in the case of a joint work." Henceforth, the author's works shall become copyright free and enter the public domain.[1899-1931 Art. 51]
Stamps
See also: Commons:Stamps
Stamps more than 70 years old or published before 1 January 1968 are in the public domain, per {{PD-Japan}}.
Threshold of originality
See also: Commons:Threshold of originality
Logos in the gallery below are OK to upload.
Article 2 of Japanese copyright law defines that a work is eligible for copyright when it is a production in which thoughts or sentiments are expressed in a creative way and which falls within the literary, scientific, artistic or musical domain.[11]
Japanese courts have decided that to be copyrightable, a text logo needs to have artistic appearance that is worth artistic appreciation. Logos composed merely of geometric shapes and texts are also not copyrightable in general.
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(DR) Tokyo High Court's ruling: letters are a means of communication, shared by all. Copyright protection of fonts is limited only to those that raise artistic appreciation as much as artistic works do.[12] |
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(DR) Tokyo High Court's ruling: although the shape is stylized, the text is in a normal arrangement and keeps its function of being read as a sequence of letters.[13] |
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Tokyo District Court's ruling: the Court is negative towards recognizing the symbol as a copyrightable work of fine arts, because it is considered merely relatively simple graphic elements.[14] |
- Furby toy: utilitarian, so not protected by copyright as an artistic work. Not utilitarian in the United States, so photos of the toy can't be uploaded to Commons.[15]
Signatures
See also: Commons:When to use the PD-signature tag
OK for a typical signature, Not OK for calligraphic signatures. The decision 平成10(受)332 (Hanrei Jiho No. 1730: 123) set a relatively high artistic threshold for typefaces. The decision 平成10(ワ)14675 substantiates that calligraphy works are copyrightable [16]. According to Article 2, Paragraph 1, Item 1 of the Copyright Law, a work is a production in which thoughts or sentiments are expressed in a creative way and which falls within the literary, scientific artistic or musical domain. A signature must have aesthetic properties capable of artistic appreciation, not just beauty in terms of practical functionality, to be copyrightable.
See also
- s:ja:ヘルプ:パブリックドメイン (Wikisource: Help: Public Domain)
- s:ja:著作権法 (明治三十二年法律第三十九号) (Wikisource: Copyright Act 1899)
- s:ja:著作権法 (Wikisource: Copyright Act 1970)
- m:Legal/URAA Statement
- Fundamental Concepts in Japanese and American Copyright Law (Karjala and Sugiyama, 1988)
Notes
- ↑ a b c The work may be protected by copyright under U.S. laws because its copyright in the U.S. was restored by the URAA. However, the current policy on Commons is to accept it. This policy may change in the future, depending on the outcome of community discussions. Also, it may be deleted if Commons receive a valid takedown notice.
Citations
- ↑ a b Japan Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2019-01-22.
- ↑ Copyright Act (Act No. 48 of May 6, 1970, as amended up to Act No. 35 of May 14, 2014). Japan (2014). Retrieved on 2021-05-16.
- ↑ 平成30年12月30日施行 環太平洋パートナーシップに関する包括的及び先進的な協定（TPP11協定）の発効に伴う著作権法改正の施行について. Agency for Cultural Affairs.
- ↑ Copyright Act 1970, Supplementary Provision Act No. 85 of June 18, 2003
- ↑ Copyright Act 1899 (revised in 1969), Art. 52–3
- ↑ 平成18(ワ)15552: 著作権侵害差止等請求事件 (in Japanese). Tokyo District Court Civil Division 29 (2007-08-29). Retrieved on 2016-12-30.
- ↑ w:ja:Wikipedia:屋外美術を被写体とする写真の利用方針 (Criteria for using a photograph of the artwork located in a public space) at Japanese Wikipedia
- ↑ 日本のお金 近代通貨ハンドブック 大蔵省印刷局編 (Japan's Money Modern Currency Handbook Ministry of Finance Printing Bureau) 119 (1994).
- ↑ Ministry of Finance Notification No. 76, 1984: Specifications of the Bank of Japan Notes scheduled to be introduced on November 1, 1984 - 10,000, 5,000 and 1,000 yen note.
- ↑ いわゆる「写り込み」等に係る規定の整備について. Agency for Cultural Affairs.
- ↑ [1]著作権法（昭和四十五年法律第四十八号）
- ↑ Tokyo High Court ruling 平成6(ネ)1470 (commentary)
- ↑ Tokyo High Court ruling 昭和55(行ケ)30, Supreme Court ruling 昭和55(行ツ)75 (commentary)
- ↑ Tokyo District Court ruling 昭39（ヨ）5594
- ↑ Sendai High Court ruling H13(う)177 (commentary)
- ↑ ...[I]f the work has aesthetic elements that express thoughts and feelings through the selection of letters, the shape and size of the letters, the shading of the ink, the stroke of the brush, and the composition of the letters in combination with each other, it may be eligible for copyright protection as a work of art that shows the writer's individual expression. If the work has aesthetic elements that express ideas and feelings through the size of the ink, the shading of the ink, the movement or strokes of the brush, the composition of the letters in combination with each other, etc., it is considered to be a work of art in which the author's unique expression is expressed and can be protected by copyright.