COPYRIGHT REGISTRATION IN JAPAN By Kazuhiro Seto Patent Attorney and Administrative Scrivener Chief of SETO Administrative Law Office 1. Protection of Copyrights Copyrights for expressions of thoughts and sentiments, such as literatures, art objects, videos and music are protected in Japan without meeting any formal requirement. Citizens of the member countries of the Berne Convention may enjoy said protection even if the work for which the protection is sought was created outside of Japan. The duration of a copyright is 50 years after: (1) the dormition of an individual author; or (2) the publicity by a corporate author. The Circle C often added before a credit of the author is unnecessary to enjoy copyright protection in Japan. The Circle C is defined as formal requirement to obtain copyright protection in the Universal Copyright Convention. However, as most member countries of the Universal Copyright Convention also affiliate the Berne Convention which does not require any formalities, the indication of the Circle C is unnecessary in most countries. 2. Summary of Register System Japan has copyright register system for secure testification or as requirement for setting up changes of rights against third parties. Registrations concerning works except computer programs are conducted by the Agency for Cultural Affairs, a government office. Registrations concerning computer programs are conducted by the Software Information Center which is the sole organization designated by the Agency for Cultural Affairs. 3. Sorts of Registrations (a) Registration of First Publicity Date (Copyright Law Section 76) The registration is made for recording the date of the first publicity, including the first transmission or the first conversion for transmission of computer programs. The recorded date will be presumed as the actual first publicity date in absence of the disproof. (b) Registration of First Creation Date (Copyright Law Section 76bis) The registration is made only for computer programs, and must be applied within 6 months after the creation by the author. However, even if the period for this registration expires, the author may apply for the above registration (a). The recorded date will be presumed as the actual first creation date in absence of the disproof. (c) Registration of Transfer of Copyright and Neighboring Rights (Copyright Law Section 77(i)) The registration is made for recording transfer of a copyright or its neighboring rights except general succession. However, a moral right of the author may not be transferred. The registered transfer may be set up against third parties. In other words, if the copyright holder promises plural parties of transfer of the copyright, the successor in the recorded transfer has priority over other possible successors. Even if the promise for the non-recorded successor is made before that for the recorded successor, it does not affect the priority. However, we assume that the recorded successor having an unfair intention may not enjoy such priority. The above will apply transfer of neighboring rights of a copyright. (d) Registration concerning Pledge of Copyright (Copyright Law Section 77(ii)) The copyright holder may establish a pledge on its copyright. Registrations of establishment, transfer, alteration and expiration of the pledge are made for setting up them against third parties. (e) Registration concerning Publishing Right (Copyright Law Section 88) The copyright holder may establish a publishing right on its copyright. Registrations of establishment, transfer, alteration and expiration of the publishing right are made for setting up them against third parties. The holder of the publishing right may establish a pledge on its publishing right. Registrations of establishment, transfer, alteration and expiration of the pledge are made for setting up them against third parties. (f) Registration of Actual Name (Copyright Law Section 75) The registration is made for an anonymously published work. The author or a person designated by the author's will may apply for this registration, regardless of the genuineness of the author. The registered person will be presumed as the author of the work. 4. Necessity of Registrations The registrations of the first publicity date or the first creation date should be made if there is a possibility of arising a dispute on the actual author in Japan. We believe that it is useful to obtain registration even if the work created outside of Japan because the actual (prior) author admitted in a court may be differentiated by countries. Registration of transfer or other changes of copyrights, neighboring rights and pledges thereof must be registered to securely obtain these rights. Please note that these rights are not confirmed by simply concluding a copyright agreement covering Japan.