Copyright in Japan
Library of Congress
Copyright in Japan
Law of March 3, 1899
and Copyright Convention between the
United States and Japan,
May 10, 1906
together with
the Text of Earlier Enactments
Prepared Under the Direction of
Thorvald Solberg
Register of Copyrights
Copyright Office Bulletin No. 1
2,000–15–X.–1906
Washington
Government Printing Office
1906
Contents.
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Part I.
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| 13 |
| 14 |
| 15 |
| 16 |
| 18 |
Part II.
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| 24 |
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Prefatory Note.
Copyright Office,
Washington, D. C., October 15, 1906.
The first treaty of the United States dealing exclusively with copyright was negotiated with Japan in 1905–6 and ratified by the Senate on February 28, 1906.[1] This treaty provides that the subjects or citizens of each of the countries shall enjoy in the dominions of the other the protection of copyright for works of literature and art, including photographs, on the same basis on which protection is granted to the subjects or citizens of the other country. It is specially provided, however, that this protection shall not include the exclusive right of translation.
The full text of this convention is here printed, together with the Copyright Law of Japan now in force (the act of March 3, 1899); while the earlier copyright laws of Japan are appended, and a bibliographical list of all the copyright laws of that country is prefixed.
Various sources have been utilized for the text of these laws, but the larger number have been translated in the Copyright Office from the compilation printed in Tokio, in French, entitled “Collection de la législation sur les droits d’auteur au Japon.” By the courtesy of the Japanese Ambassador a translation was obtained of the Ordinance No. 26 of the Japanese department of home affairs of June 28, 1899. ******
- ↑ An earlier treaty between the United States and China for the extension of commercial relations between them (January 13, 1904) contained an article relating to copyright, and on January 15, 1892, a diplomatic “agreement” was entered into between the United States and Germany for the reciprocal protection of literary property, but this was not submitted to the Senate for its ratification.
Thorvald Solberg,
Register of Copyrights.
Herbert Putnam,
Librarian of Congress.
Copyright in Japan.
List of Copyright Laws.
1869 (May 13). Règlement sur la publication des ouvrages du 13e jour du 5e mois de la 2e année de Meiji. [Regulation for the publication of works, of the 13th day of the 5th month of the 2d year of Meiji, May 13, 1869.] In “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 1–6.
1872 (Jan. 13). Règlement sur la publication des ouvrages de la 5me année de Meiji. [Law on the publication of works, of the 5th year of Meiji, January 13, 1872.] In “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 6–11.
1875 (Sept. 13). Loi sur la publication des ouvrages du 13e jour du 9e mois de la 8e année de Meiji. [Law on the publication of works, of the 13th day of the 9th month of the 8th year of Meiji, Sept. 13, 1875.] In “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 12–27.
1876 (June 17). [Règlement relatif au droit de propriété sur les photographies du 17e jour du 6e mois de la 9e année de Meiji. [Law in regard to copyright in photographs, of the 17th day of the 6th month of the 9th year of Meiji, June 17, 1876.] In “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 28–31.
1887 (Dec. 28). Ordonnance impériale (no. 77) sur les droits de propriété des auteurs. [Imperial Ordinance no. 77 on copyright. December 28, 1887.] In “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 31–42. In “Chronique du Journal général de l’imprimerie et de la librairie.” 77° année, 2e série. 8°. Paris, D. Dumoulin et Cie, 1888, pp. 125–127. In “Lois françaises et étrangères sur la propriété littéraire et artistique, par Ch. Lyon-Caen et Paul Delalain.” v. 2. 8°. Paris, F. Pichon, 1889, pp. 7–14.
Same. English text. In “The Law of copyright. By W. A. Copinger.” 3d ed. 8°. London, Stevens & Haynes, 1893, pp. 804–810.
1887 (Dec. 28). Ordonnance impériale (no. 78) relative aux ouvrages dramatiques et aux compositions musicales. [Imperial Ordinance no. 78 relating to dramatic works and musical compositions. December 28, 1887.] In “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 42–43. In “Chronique du Journal général de l’imprimerie et de la librairie.” 77e année, 2e série. 8°. Paris, D. Dumoulin et Cie, 1888, pp. 127–128. In “Lois françaises et étrangères sur la propriété littéraire et artistique, par Ch. Lyon-Caen et Paul Delalain.” v. 2. 8°. Paris, F. Pichon, 1889, pp. 14–15.
Same. English text. In “The Law of copyright. By W. A. Copinger.” 3d ed. 8°. London, Stevens & Haynes, 1893, p. 810.
1887 (Dec. 28). Ordonnance impériale (no. 79) relative au droit de propriété sur les photographies. [Imperial Ordinance no. 79 relating to copyright in photographs. December 28, 1887.] In “Collection de la législation sur les droits d’auteur au Japon.” 8°. Toyko, 1903, pp. 44–47. In “Chronique du Journal général de l’imprimerie et de la librairie.” 77e année, 2e série. 8°. Paris, D. Dumoulin et Cie, 1888, p. 128. In “Lois françaises et étrangères sur la propriété littéraire et artistique, par Ch. Lyon-Caen et Paul Delalain.” v. 2. 8°. Paris, F. Pichon, 1889, pp. 15–17.
Same. English text. In “The Law of copyright. By W. A. Copinger.” 3d ed. 8°. London, Stevens & Haynes, 1893, pp. 810–812.
1893 (Apr. 24). Loi (no. 16) sur les droits de propriété des auteurs du 24me jour du 4me mois de la 26me année de Meiji. [Law (no. 16) on copyright, of the 24th day of the 4th month of the 26th year of Meiji, April 24, 1893.] In “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 47–59.
1899 (Mar. 3). Loi sur le droit d’auteur. (Le 3e mars de la 32me année de Meiji.) [Copyright law, 32d year of Meiji, March 3, 1899.] In “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 60–76. In “Bibliographie de la France. Journal général de l’imprimerie et de la librairie. II. Chronique.” 88e année, 2e série. 8°. Paris, D. Dumoulin et Cie., 1899, pp. 211–212, 215–216. In “Le Droit d’auteur.” 12e année, 1899. 4°. Berne, no. 12, 15 décembre 1899, pp. 141–144.
Same. English text. In “The Law of copyright. By W. A. Copinger.” 4th ed. 8°. London, Stevens & Haynes, 1904, pp. 676–682. In “Advance sheets of Consular reports.” 8°. [Washington], no. 415, May 2, 1899, pp. 4–8.
Same. German text. In “Gesetze über das Urheberrecht in allen Ländern. 2te Auf., durchgesehen von Prof. Ernst Röthlisberger.” 8°. Leipzig, G. Hedeler, 1902, pp. 142–148.
1899 (June 27). Ordonnance impériale no. 314 concernant le régime transitoire de la loi du 3 mars 1899 sur les droits d’auteur. (Du 27 juin 1899.) [Imperial Ordinance no. 314 concerning the transitory provisions of the law of March 3, 1899, on copyright. June 27, 1899.] In “Le Droit d’auteur.” 15e année, 1902. 4°. Berne, no. 10, 15 octobre 1902, pp. 109–110.
1899 (June 28). Arrêté no. 26 du ministère de l’intérieur concernant les demandes d’estampillage et les déclarations prévues par l’ordonnance no. 314 de 1899. (Du 28 juin 1899.) [Ordinance no. 26 of the Department of Home Affairs with reference to applications for stamping and declarations to be made in accordance with Imperial Ordinance no. 314 of 1899. June 28, 1899. Translation supplied by the Japanese ambassador.]
1899 (June 28). Arrêté no. 27 du ministère de l’intérieur concernant l’édition ou la représentation d’œuvres d’auteurs inconnus. (Du 28 juin 1899.) [Ordinance no. 27 of the Department of Home Affairs concerning the publication or representation of works of unknown authors, June 28, 1899.] In “Le Droit d’auteur.” 15e année, 1902. 4°. Berne, no. 10, 15 octobre 1902, p. 110.
1899 (June 28). Arrêté no. 28 du ministère de l’intérieur concernant l’enregistrement des droits d’auteur. (Du 28 juin 1899.) [Ordinance no. 28 of the Department of Home Affairs concerning registration of copyright, June 28, 1899.] In “Le Droit d’auteur.” 15e année, 1902. 4°. Berne, no. 10, 15 octobre 1902, pp. 110–111.
1906 (May 10). Copyright convention between the United States and Japan. Signed at Tokio November 10, 1905. Ratification advised by the Senate February 28, 1906. Ratified by the President March 7, 1906. Ratified by Japan April 28, 1906. Ratifications exchanged at Tokio May 10, 1906. Proclaimed May 17, 1906.
Japan.
Copyright Law in Force.
[March 3, 1899, 32d year of Méiji.]
| Chapter | III.I.—Nature and extent of copyright. |
| Chapter | III.II.—Infringement. |
| Chapter | III.—Penalties. |
| Chapter | III.IV.—Additional provisions. |
Chapter I.—Nature and extent of copyright.
Subject-matter of copyright.Art. 1. The authors of writings, lectures, paintings, drawings, sculptures, plastic works, photographs, and other works in the domain of literature, of science or the arts have the exclusive right to reproduce them.
Right of translation and representation.The copyright in a literary or scientific production includes the right of translation, and the copyright in a dramatic or musical composition includes the right of performance or representation.
Art. 2. Copyright is transferable.
Duration of copyright.Art. 3. The copyright in a work which has been published, represented or performed shall endure during the life of the author and for thirty years after his death.
The copyright in a work composed by several joint authors shall endure until the expiration of thirty years after the death of the last surviving joint author.
Posthumous work.Art. 4. The copyright in a posthumous work published, represented or performed after the death of the author shall endure for thirty years dating from its first publication, representation or performance.
Anonymous work.Art. 5. Copyright in an anonymous or pseudonymous work shall endure for thirty years, dating from its first publication, representation or performance.
If, however, during this interval of time the author secures registration in his real name the term of copyright shall conform to the provisions of article 3.
Work by a corporate body.Art. 6. In the case of a work published, represented or performed by public authorities, educational institutions, temples, associations, societies or corporations of whatever kind, which claim the authorship of the work, copyright shall endure for thirty years dating from its first publication, representation or performance.
Right of translation limited.Art. 7. When an author, or his assign, shall not have published a translation of his works during a period of ten years dating from the first publication of the original work, the right of translation shall terminate.
If, during this interval of time, the author publishes a translation of his work in a language for which he desires protection, his right of translation shall not lapse as regards this one language.
Works published in parts.Art. 8. In the case of a work appearing consecutively in parts, the periods mentioned in the four preceding articles shall begin from the date of each part.
For a work published in parts which are to be ultimately joined together, the said periods shall date from the publication of the last part.
If, however, the parts necessary for the completion of the volume do not appear during three years, the part last published shall be considered as the final installment.
Termination of protection.Art. 9. In order to calculate the periods of time during which copyright is in effect, indicated in the six preceding articles, the remainder of the year in which the author died, and the remainder of the year during which publication, representation or performance took place will not be taken into account.
Death of author without heirs.Art. 10. The copyright will terminate in the case of the death of an author without heirs.
Not subject-matter of copyright.Art. 11. The following are not subject-matter of copyright:
First. Laws, ordinances and the official acts of public authorities;
Second. Miscellaneous facts, news of the day, and political discussions appearing in newspapers and periodicals;
Third. Speeches and pleadings delivered publicly before the courts, or in deliberative assemblies and political reunions.
Art. 12. The publisher or the performer of an anonymous or pseudonymous work is authorized to protect the rights belonging to the author or his assign, unless the author has obtained registration in his true name.
Rights of collaborators.Art. 13. Copyright in a work produced in collaboration by several joint authors belongs in common to all the joint authors.
In case the contributions of the different joint authors of the work are not distinct and one of the collaborators objects to the publication, representation or performance of this work, the others may acquire his interest by the payment of an indemnity unless there is an agreement to the contrary.
If, on the contrary, the several contributions are distinct and one of the collaborators opposes the publication, representation or performance of their common work, the others may each detach his part and publish, represent or perform it separately, unless there is an agreement to the contrary.
In the case provided for in the second paragraph of the present article the name of the opposing joint author may not be put upon the volume in question against his will.
Compilations.Art. 14. Whoever shall have lawfully compiled several works belonging to different authors, shall be considered as the author but shall hold the copyright only upon the work as a whole, the copyright in each separate part belonging to the respective joint authors.
Registration of copyright.Art. 15. The author, or his assign, can obtain registration of his right.
The author, or his assign, of a work which has been published, represented or performed, cannot institute a civil action with regard to infringement unless he has secured registration of his right.
Assignment must be recorded.The transfer and assignment of a copyright unless it has been legally recorded shall not be effective as against a third party.
The author of an anonymous or pseudonymous work can obtain registration in his real name.
Art. 16. Registration shall be made by the administrative authorities.
The provisions relative to registration shall be determined subsequently by ordinances.
Unpublished work not subject to execution.Art. 17. The original copy of a work which has not been published, represented or performed, as well as the copyright in this work, cannot be attached by creditors, unless, however, the author, or his assign, has given his consent.
Name of author or title cannot be changed.Art. 18. The copyright assignee cannot without the author’s consent change the surname or forename of the latter or any appellation adopted by the latter, nor can he change the title of the assigned work or even make a correction therein.
Notes, corrections, etc.Art. 19. The addition to an original work of the signs called “Kunten,”[1] of interlinear translations, of punctuation, critical notes, annotations or commentaries; of appendices, plans and designs; of other corrections, additions or suppressions; or a remodelling of the original plan of the work shall not be held to create new subject-matter of copyright specially for these modifications unless such may be considered as new works.
Reproduction of magazine articles.Art. 20. With the exception of novels, newspaper and magazine articles may be reproduced with an indication of their source, unless there is a notice distinctly given by the author, or his assign, forbidding all reproduction.
Copyright in translation.Art. 21. Whoever shall have produced a legal translation shall be considered the author thereof and shall enjoy the protection of the present law.
In the case of a work the right of translation of which has fallen into the public domain, a translator cannot prevent other persons from translating the same work.
Art. 22. Whoever shall have lawfully reproduced an artistic work by a different process than that employed in the production of the original shall be considered as the author and shall enjoy the protection of the present law.
Photographs.Art. 23. Copyright in a photograph shall endure for ten years.
This period shall begin with the year which follows the year of first publication of the work in question, or that in which the proof negative was obtained in case no publication follows.
Whoever shall have lawfully reproduced a work of art by means of photography shall enjoy the protection of the present law for as long a time as the right of reproduction of the original shall endure, in accordance with the limits set by private agreement between the parties interested.
Art. 24. The copyright in photographs inserted in literary or scientific works shall belong to the authors of the latter and shall endure for the same period of time as the copyright in such works, if the authors have produced such photographs or have had them produced especially for such works.
Art. 25. The right of reproduction of photographic portraits shall belong to the person who has ordered them made.
Art. 26. The provisions relative to photographs shall be applicable to works produced by processes analogous to photography.
Art. 27. Works of which the author, or his assign, remains unknown and which have not been published, represented or performed, may be published, represented or performed in conformity with the provisions of a subsequent ordinance.
Foreign authors.Art. 28. The provisions of the present law shall be applicable to foreigners so far as the protection of their copyright is concerned, subject to special provisions in regard to the matter should there be any in treaties and conventions; in the absence of such stipulations the protection of the present law shall be accorded only to those who shall have made the first publication of their works within the Empire.
Chapter II.—Infringement.
Piracy and remedies therefor.Art. 29. Whoever shall violate a copyright shall be considered an infringer and shall be held liable for the damages thus caused, for which he shall make amends in conformity with the provisions relative thereto in the present law and also with those in the Civil Code, Book III, Chapter V.
Art. 30. The reproduction of works already published shall not be considered as infringements in the following cases:
First. To reproduce them by other than a mechanical or chemical process and without intention to publish them;
Extracts.Second. To make extracts, or to cite passages provided that the citations are within due limits;
Third. To select and compile extracts provided that this operation is within legitimate bounds and is destined for the use of schools or for school readers, or for ethical instruction;
Fourth. To introduce extracts from a literary or scientific work into a dramatic work, or to serve as the words for a musical work;
Illustrations.Fifth. To insert in a literary or scientific work artistic productions as a means of explanation, or vice versâ;
Sixth. To reproduce by the plastic arts a drawing or painting, or vice versâ.
In the various cases cited it is necessary that an exact citation be given of the source of the borrowed material.
Importation of fraudulent copies.Art. 31. Whoever for the purpose of sale or circulation within the Empire shall import copies of an infringed work shall be considered as an infringer.
Art. 32. Whoever shall publish a collection of solutions of problems intended for academical exercises shall be considered as an infringer.
Art. 33. Whoever in good faith and without wrong intention on his part commits an infringement and derives benefit therefrom to the injury of some third person is held liable to make restitution to him in some way, but he is nevertheless entitled to reserve a portion of the profit for himself.
Suit by joint author.Art. 34. One of the joint copyright proprietors of a work composed in collaboration by several persons can, without the consent of the other joint proprietors, bring suit against an infringer and claim his part of the damages or claim the restitution of the profit mentioned in the preceding article.
Presumption of authorship.Art. 35. In a case where there is question of bringing suit with regard to an infringement, whoever shall have placed his surname and forename as author on the work in question already published shall be considered as such in the absence of proof to the contrary.
For an anonymous or pseudonymous work, unless there is proof to the contrary, whoever is designated on the work in question as the publisher shall be considered as such.
If it is a question of representation or performance of a dramatic or musical composition not yet published, unless there is proof to the contrary, whoever is designated as the author in the announcements of the performances shall be considered as such. And if, in this case, unless there is proof to the contrary, the surname and the forename of the author of the work represented or performed have not been given, the manager of the representation or performance shall be considered as the author.
Injunctions.Art. 36. When a civil or criminal action has been commenced relative to an infringement the court upon the request of the petitioner or plaintiff may, with or without the deposit of security, provisionally suspend the sale and circulation of the work suspected to be an infringement, or effect its seizure or the suspension of its representation or performance.
In such cases when a decision is rendered that the suspected work was not an infringement, the plaintiff shall be civilly responsible for the damages resulting from the suit brought.
Chapter III.—Penalties.
Penalties.Art. 37. Whoever shall have committed an infringement or who knowingly shall have placed on sale or put infringing copies into circulation shall be liable to a penalty of from 50 to 500 yen.
Art. 38. Whoever shall offend against the provisions of Art. 18 shall be liable to a penalty of from 30 to 300 yen.
Art. 39. Whoever shall have, contrary to the provisions of Art. 20 and of paragraph 2 of Art. 30, reproduced a work without indicating exactly the source of the borrowed material, or shall offend against the provisions of paragraph 4 of Art. 13 shall be liable to a penalty of from 10 to 100 yen.
Art. 40. Whoever shall publish a work placing upon it the surname, forename or usual appellation of any other person than the author shall be liable to a penalty of from 30 to 500 yen.
Alteration of work, title, or name of author.Art. 41. Whoever in publishing a work has altered it contrary to the intention of the author, even if the copyright in the work has expired, or who has changed its title, or concealed the surname, forename or usual appellation of the author, or attributed the work to some one other than the author, shall be liable to a penalty of from 20 to 200 yen.
Art. 42. Whoever shall have secured a fraudulent registration shall be liable to a penalty of from 10 to 100 yen.
Confiscation of unlawful copies.Art. 43. The infringing unlawful copies as well as the implements and utensils which have served or which were intended to be exclusively used for purposes of infringement shall be confiscated only in case they belong to the infringer in his own right, to the printer, or to the person who places the copies on sale or distributes them.
Art. 44. The offenses provided for in the present chapter shall give rise to proceedings only upon the complaint of the injured party, except, however, in case of the death of the author (Art. 3), and in the cases mentioned in Arts. 40 to 42.
Limitation of action.Art. 45. Action against any of the offenses enumerated in the present chapter shall be barred after two years.
Chapter IV.—Additional provisions.
Art. 46. The date when this law shall go into effect shall be determined by imperial decree.
Repealing clause.The law of 1893 (no. 16 of the 26th year of Meiji) on literary property, and the imperial ordinances nos. 78 and 79 of the 20th year of Meiji (1887), the first relating to dramatic and musical compositions and the second to photographic works, shall be abrogated on the day when the present law goes into effect.
Extension of existing copyrights.Art. 47. Works in which the copyright shall not have expired before the present law goes into effect shall enjoy the protection of the present law from the day it goes into effect.
Art. 48. All reproductions, not held to be infringements before the present law goes into effect, which have been made or commenced at the date when this law goes into effect may be completed and placed on sale and distributed.
The tools and implements which may have served in making these reproductions, if they still exist, may be used for five years more after the present law goes into effect.
Former translations, etc.Art. 49. Translations which shall have been made or commenced before the present law goes into effect, not held to be infringements, may be completed and placed on sale and distributed on condition, however, that they be published within a period of seven years after the present law goes into effect.
The said works may be reproduced during five years dating from their first publication.
Art. 50. Works already represented or performed or which had begun to be represented or performed before the present law goes into effect, which have not been held to be infringements, may still be represented or performed during five years after the present law goes into effect.
Art. 51. The reproductions which are mentioned in Arts. 48 to 50 cannot be sold or distributed or represented or performed without conforming to the formalities which shall be prescribed by an ordinance.
Art. 52. The present law shall not be applicable to works of architecture.
Translated from “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 60–76.
Ordinances.
Imperial Ordinance No. 314, concerning the transitory provisions of the Law of March 3, 1899, on copyright.
[June 27, 1899.]
Stamping of copies, etc.Art. 1. Whoever shall desire to place on sale and to distribute copies of a reproduction provided for by the law on copyright, Art. 48, paragraph 1, or, by virtue of the same article, paragraph 2, to make use of the apparatus and instruments which have served for such reproduction, must before September 30, 1899, request the stamping of the copies or of the apparatus and instruments.
As regards a work in course of publication, a declaration of it shall be made within the aforesaid period, in order that the stamping of the copies may be requested before they are delivered to the public.
At the same time, the stamping of the apparatus and instruments which have served for the reproduction of such copies must be requested.
Former translations, etc.Art. 2. Whoever shall desire to place on sale and to distribute copies of a translation by virtue of the law on copyright, Art. 49, paragraph 1, must declare, before September 30, 1899, that the translation in question was completed or commenced before the above-mentioned law went into effect.
Whoever shall desire to place on sale and to distribute the aforesaid copies after the expiration of the period mentioned in the same law, article 49, paragraph 2, must request the stamping of them within two months after the date of the expiration of that period.
Art. 3. Whoever shall desire to represent, or to continue the public representation or performance of a dramatic or musical work by virtue of the law on copyright, Art. 50, must declare, before September 30, 1899, that the public representation or performance of such work had been made or commenced prior to the going into effect of the aforesaid law.
Art. 4. Whoever shall desire, after the expiration of the period mentioned in the law on copyright, Art. 48, paragraph 2, to place on sale and to distribute copies made by means of the stamped apparatus and instruments, must request the stamping of the copies within two months after the expiration of that period.
Stamping of apparatus, etc.Art. 5. When the apparatus and instruments to be stamped can not be transported, the interested party may request the administration, on condition of previously depositing the necessary travelling expenses, to send an agent to the place instructed to proceed with the stamping of the material in question.
Art. 6. Applications for stamping, as also all declarations, shall be addressed to the proper local authorities.
Art. 7. The local authorities shall affix the stamps, shall receive the declarations, and shall keep registers in which these acts shall be recorded.
Art. 8. As regards apparatus and instruments not susceptible of being stamped, this operation may be replaced by any other method whatsoever, without prejudice to the provisions of the present ordinance relating to stamping.
Penalties for fraud.Art. 9. Whoever shall have made a fraudulent declaration, or fraudulently obtained a stamp, shall be liable to a penalty of 10 to 100 yen.
Fraudulent declarations, and stampings fraudulently obtained, shall be null, and their annullment shall be retroactive to the date when these formalities were fulfilled.
Art. 10. The declarations received and the stampings executed by the local authorities shall be published in the Official Gazette.
It shall be the same in the case of declarations and stampings which shall be annulled.
Translated from “Le Droit d’auteur.” 15e année, 1902. 4°. Berne, no. 10, 15 octobre 1902, pp. 109–110.
Ordinance no. 26 of the Department of Home Affairs with reference to applications for stamping and declarations to be made in accordance Imperial Ordinance no. 314 of 1899.
[June 28, 1899.]
Applications for stamping.Art. 1. In making applications for stamping or in making declarations in accordance with Art. 1 of the Imperial Ordinance no. 314 of 1899, form 1 given hereunder shall be followed. Applications for stamping or declarations made in accordance with Art. 2 of the said Ordinance shall follow form no. 2. Declarations made in accordance with Art. 3 of the said Ordinance shall follow form no. 3. Applications for stamping made in accordance with Art. 4 of the said Ordinance shall follow form no. 4.
Art. 2. The Index Register provided for in Art. 7 of the said Imperial Ordinance shall be kept in accordance with Schedule A and the stamp shall be in the form given in Schedule B.
Reports to the Department of Home Affairs.Art. 3. Whenever a local government has taken the steps provided for in Art. 7 of the above mentioned Imperial Ordinance, the fact must be reported to the Department of Home Affairs within ten days. In the case of Formosa the report should be made through the office of the Governor General of Formosa.
Art. 4. The expenses required for the travelling of the inspecting officials and which are to be borne by the party making application, in accordance with Art. 5 of the said Ordinance, shall be calculated in accordance with Imperial Ordinance no. 333 of 1897 (Regulations relating to the travelling allowances of officials).
Regulations as to Formosa.In the case of Formosa the regulations relating to the travelling allowances enacted by the Governor General of Formosa shall apply.
Art. 5. The Index Register shall be open to the inspection of the public.
Any party making application for such inspection shall pay a fee of thirty sen (15 cents U. S. money).
[Note.—We are indebted to the courtesy of the Japanese Ambassador for the translation of the above Ordinance no. 26. It has not been attempted, however, to supply translations of the elaborate forms which were attached to this Ordinance.]
Ordinance no. 27 of the Department of Home Affairs concerning the publication or representation of works of unknown authors.
[June 28, 1899.]
Publication of title, etc., on Official Gazette.Whoever shall desire to publish or to represent a work in accordance with Art. 27 of the law on copyright, must, during at least seven days, publish his intention, with the title of the work and the name and forename of the author, in the Official Gazette and in at least four of the principal newspapers of Tokio, as well as in the newspaper of the domicile of the author, if the domicile of the author is known.
The work in question may be published or represented or performed when the proprietor shall not have been discovered during the six months following the last day of the publication mentioned in the preceding paragraph.
Translated from “Le Droit d’auteur.” 15e année, 1902. 4°. Berne, no. 10, 15 octobre 1902, p. 110.
Ordinance no. 28 of the Department of Home Affairs concerning registration of copyright.
[June 28, 1899.]
Registration of copyright.Art. 1. Whoever shall desire to register his copyright in accordance with article 15 of the law on copyright, must send an application to the Department of Home Affairs.
Art. 2. The application for registration of copyright must be drawn up according to form no. 1, if it falls under paragraph 1 of article 15 of the law on copyright, and according to form no. 2, if it falls under paragraph 4 of the same article. It should be accompanied by a description of the work.
This description must include the following details:
1. Title of the work;
2. Name and forename of the author (if the work be not anonymous);
3. Date of publication or of the representation or performance;
4. Contents of the work (attach, if expedient, explanatory outlines to state precisely the contents of the work);
5. Date of former registration as an anonymous or pseudonymous work (in a case dealing with the registration under the true name of the author of a previously registered anonymous or pseudonymous work).
Registrations to be published in Official Gazette.Art. 3. Registers of copyright records shall be preserved by the Department of Home Affairs and the registrations made from the applications received, mentioned in the first article of this law, shall be published in the Official Gazette.
Art. 4. Any person may consult the registers of copyright records or may secure a copy of the certificate or an abstract.
For this purpose, the applicant must present an application, giving either the date of registration of copyright or the registration number, and must at the same time pay a fee of thirty sen.
This fee shall be payable in revenue stamps.
Art. 5. The consultation of the registers of copyright records shall be permitted in the presence of an agent of the administration, on the day designated therefor by the Department of Home Affairs.
Form No. 1.
(a.) Application for registration of copyright.
Stamp
The fee for this registration being, yen
I, the undersigned, have the honor to request the Department of Home Affairs to cause my copyright on the aforesaid work to be registered.
Date.
Name, forename, seal, legal domicile, and residence of the proprietor or of the publisher.
Registration of assignment.(b.) Application for registration of the alienation of copyright, or of the giving of copyright as security.
Stamp
The fee for this registration being, yen
The above-mentioned work having been ceded by the undersigned X to the undersigned Z (or given as security by the undersigned X to the undersigned Z), we, the interested parties, have the honor to request the Department of Home Affairs to cause this document to be registered.
Date.
Name, forename, seal, legal domicile, and residence of the assignor or debtor.
Name, forename, seal, legal domicile and residence of the assignee or pledgee.
Form No. 2.
Application for registration, under the true name of the author, of an anonymous or pseudonymous work.
Stamp
The fee for this registration being, yen
The above-mentioned work having been previously published under the name of X (name and forename), the undersigned publisher, as a pseudonymous (name of the author) or as an anonymous work, we, the undersigned, author and publisher conjointly, have the honor to request the Department of Home Affairs to cause this work to be registered under the true name of the author above reproduced.
Date.
Name, forename, seal, legal domicile, and residence of the author.
Name, forename, seal, legal domicile, and residence of the publisher.
Translated from “Le Droit d’auteur.” 15e année, 1902. 4°. Berne, no. 10, 15 octobre 1902, pp. 110–111.
Copyright Convention between the United States and Japan.
By the President of the United States of America.
A Proclamation.
Proclamation of copyright convention.Whereas a Convention between the United States of America and the Empire of Japan, providing for legal protection in both countries in regard to copyright, was concluded and signed by their respective Plenipotentiaries at Tokio on the tenth day of November, one thousand nine hundred and five, the original of which Convention being in the English and Japanese languages is word for word as follows:
The President of the United States of America and his Majesty the Emperor of Japan being equally desirous to extend to their subjects and citizens the benefit of legal protection in both countries in regard to copyright, have, to this end, decided to conclude a Convention, and have appointed as their respective Plenipotentiaries:
The President of the United States of America, Lloyd C. Griscom, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to Japan; and
His Majesty the Emperor of Japan, General Count Taro Katsura, Junii, First Class of the Imperial Order of the Rising Sun, Third Class of the Imperial Order of the Golden Kite, His Imperial Majesty’s Minister of State for Foreign Affairs;
Who, having reciprocally communicated their full powers, found in good and due form, have agreed as follows:
Article I.
Copyright for works of art and literature, and photographs.The subjects or citizens of each of the two High Contracting Parties shall enjoy in the dominions of the other, the protection of copyright for their works of literature and art as well as photographs, against illegal reproduction, on the same basis on which protection is granted to the subjects or citizens of the other, subject however to the provisions of Article II of the present Convention.
Article II.
Translations.The subjects or citizens of each of the two High Contracting Parties may without authorization translate books, pamphlets or any other writings, dramatic works, and musical compositions, published in the dominions of the other by the subjects or citizens of the latter, and print and publish such translations.
Article III.
Ratification of convention.The present Convention shall be ratified, and the ratifications thereof shall be exchanged at Tokio as soon as possible. It shall come into operation from the date of the exchange of ratifications, and shall be applicable to such works only as shall be published after it shall have come into operation. Either of the Contracting Parties shall have the right at any time, to give notice to the other of its intention to terminate the present Convention, and at the expiration of three months after such notice is given this Convention shall wholly cease and determine.
In witness whereof the above mentioned Plenipotentiaries have signed the present Convention and have affixed thereto their seals.
Done in duplicate at Tokio, in the English and Japanese languages, this 10th day of November, of year one thousand nine hundred and five, corresponding to the 10th day of the 11th month of the 38th year of Meiji.
Lloyd C. Griscom.
Taro Katsura.
[Seal.]
And whereas the said Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Tokio on the tenth day of May, one thousand nine hundred and six;
Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
| [Seal] | Done at the City of Washington this seventeenth day of May, in the year of our Lord one thousand nine hundred and six, and of the Independence of the United States of America the one hundred and thirtieth. |
Theodore Roosevelt
By the President:
Elihu Root
Secretary of State.
Part II.
Earlier Copyright Laws of Japan.
Law of May 13, 1869.
Regulation for the Publication of Works, of the 13th day of the 5th month of the 2nd year of Meiji (May 13, 1869).
Names of author and publisher.1. Every published work must necessarily state the names, forenames, and domiciles of the author and the publisher as well as the name and address of the house putting the published work on sale and in circulation.
It shall be the same in the case of printed loose sheets.
Violations of this provision shall be liable to a penalty.
Prohibited works.2. Whoever shall have made, in a published work, any religious propaganda, or divulged a state secret, or outraged good manners, or libelled another by injurious allegations, or calumniously denounced another as guilty of a crime, shall be punished according to the seriousness of the offense.
3. Every publisher shall be protected by the State, which shall secure to him the monopoly of the work.
Duration of protection.The duration of the legal protection, while being limited in general to the life of the author, may be prolonged at the request of his family or relations by marriage, and in their favor.
4. The publication of each work shall require a preliminary declaration to the competent school (école compétente).
This declaration shall give the names, forenames, and domiciles of the author and the publisher, and also a brief account of the contents of the work.
Certificate of publication.When stamped by the school and returned to the interested parties, it shall be valid as a certificate of publication.
The work shall bear the date of the authorization of publication.
5. Whoever shall solicit authorization to publish a work shall be careful to consider in his application the time required for printing and depositing copies of the work.
In case the printing is not completed on the date declared, a prolongation of the period shall be applied for.
Deposit of copies.6. The printing finished, five copies of the work shall be deposited at the competent school, which shall distribute them to the several libraries of the State.
7. Whoever shall have published a work or put it on sale and in circulation without a preliminary declaration to the proper authority (sans déclaration préalable à l’autorité), shall forfeit the plates and the printed copies.
The proceeds from the sale of the work made under this condition shall also be forfeited.
Penalty for infringement.8. Every infringer of an “authorized publication” shall incur a penalty.
It shall be the same in the case of such infringer even though the work appropriated shall not yet have been published.
Forfeiture of copies.9. The infringement of any work shall be punished by the forfeiture of all the copies made and of the instrument by which they were printed, and, moreover, by a penalty proportionate to the damage sustained by the author and the publisher.
The aforesaid penalty shall also apply to persons who knowingly place on sale any counterfeit works.
The penalty paid by the offender shall serve to indemnify the injured author and publisher.
Reproduction of foreign work.10. Any person who shall reproduce a foreign work shall also have the monopoly of the reproduction of that work.
The renewal, because of wear, of the first plates of this publication, may be authorized on the application of the interested party and according to the state of the worn plates, which shall be ascertained by the proper authority.
11. In a case where applications by different persons are made at the same time for the publication of the same work, an amicable understanding between the interested parties must lead to the exclusive concession of rights for the benefit of a single one among them.
Translations of military works.12. As to translations of military works, the duration of legal protection shall not be fixed in their favor, because of the preference which must always be given to the more recent of analogous productions.
Applications for reducing or enlarging the maps or plans annexed to an existing work, or for enriching it by annotations, shall be taken into consideration by the proper authority who shall submit them to a special council (conseil extraordinaire) for examination, and shall decide in favor of the grantees, provided that, in that case, such modifications can not cause any injury to the original author.
13. Works printed by means of typographical characters shall conform to the provisions of this law.
Newspapers and works of art.14. This law shall also be applicable by analogy to newspapers, to drawings and paintings, to portraits and to dramatic works.
Additional Provisions.
Examination of publications.15. The two schools have just opened a department for the examination of publications, in which their agents shall co-operate to decide on applications for publication.
16. In case no conclusion shall be possible by aid simply of the application presented, the proper authority may at times require the production of the manuscript for examination.
17. Each one of the directors of the two schools shall be guardian of a seal for the purpose of stamping the authorized applications.
Catalogue of works authorized.18. The two schools shall print and distribute to the booksellers each month or every two months a general catalogue of the works last authorized to be published, as much for the purpose of informing authors with regard to current productions as to prevent any plagiarism which might be committed.
19. The three superintendents annually elected from the booksellers of Tokio, Kioto, and Osaka, one for each of these cities, shall be charged with supervising these transactions in their respective cities.
20. Offenders who are guilty of any violation of this law shall be amenable to the court of the locality in which they are found.
Translated from “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 1–6.
Law of January 13, 1872.
Law on the Publication of Works, of the 5th Year of Meiji (1872).
[This law is substantially the same as the law of May 13, 1869. Instead of reprinting it in full, therefore, only such articles or parts of articles are given here as do not appear in, or have been changed from the law of 1869. (See pp. 21–23).]
Name of author, etc.Art. 1. Every published work must necessarily state the names, forenames and domiciles of the author and publisher.
Criticism of existing laws.Art. 2. The insertion, in works to be published, of any malevolent criticisms of existing laws or any calumnious denunciations of individuals by a false imputation of crime, is prohibited.
Art. 3, par. 1. Same as law of 1869.
Art. 3, par. 2. A law on the monopoly of works shall eventually be prescribed after the definite establishment of the general system of taxation.
Authorization to publish.Art. 4. Requires that the declaration of publication be made “to the Minister of Public Instruction,” and that “the title of the work” shall be included in the declaration.
Art. 5. Provides that “the publisher” shall solicit authorization to publish.
Deposit of copies.Art. 6. The printing finished, three copies of the work shall be deposited with the Minister of Public Instruction.
Art. 7. Provides that if the “preliminary declaration” is not made “to the State” the omission shall “involve a penalty” as well as the forfeiture of the plates and the printed copies.
Art. 7, par. 2. Omitted from this law.
Art. 8. Same as law of 1869.
Forfeiture of unlawful copies.Art. 9. Whoever shall have unlawfully reproduced a work belonging to another shall be punished by the complete forfeiture of the plates and printed copies, and, moreover, by a penalty according to the circumstances of the infringement.
Arts. 10 to 12. Same as law of 1869.
Art. 13. Same as Arts. 13 and 14 of the law of 1869.
Foreign works.Art. 14. The generic term of ‘foreign’ shall designate all foreign countries without distinction, at least until a more exact indication of the country of origin shall be necessary, as for example: England, France, Prussia, Russia, America, and so forth. * * * Applications for authorization of publication shall be drawn up in duplicate, in order that one of the two copies may be stamped and returned to the interested party.
Additional Provisions.
[Art. 1.] Same as Art. 16 of the law of 1869.
Catalogue of published works.[Art. 2.] Same as Art. 18 of the law of 1869 except that “the Minister of Public Instruction” is substituted for “the two Schools” and “a general catalogue of the works last published” instead of “last authorized to be published.”
[Arts. 3 and 4.] Same as Arts. 19 and 20 of the law of 1869.
For full text of original, see “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 6–11.
Law of September 13, 1875.
Law on the Publication of works, of the 13th day of the 9th month of the 8th year of Meiji (Sept. 13, 1875).
Declaration of intention to publish.Art. 1. Any person who shall desire to publish a new work or a translation of an original foreign work must, before publication, make such a declaration to the Department of Home Affairs.
The various printed prospectuses not intended for sale, such as those of any association whatever, or of any educational or commercial institution, shall not be included in this category of works.
Term of protection.Art. 2. Any person who shall publish a new work or a translation of an original foreign work may obtain a valid monopoly in it for thirty years.
This right shall be designated by the term “Han-Ken” (Copyright). The interested party shall however be free to claim the right or not. In order to obtain it he shall present an application regularly drawn up; otherwise, his work shall fall into the public domain.
Art. 3. Although in general, the declaration of publication and the application for the recognition of copyright need not include the examination of the manuscript of the work, the proper authority, who may at times deem it necessary, may require its presentation for examination.[2]
Prohibited works.Art. 4. If, after an examination of the manuscript or the deposited copies, the work is deemed to be prejudicial to the public safety, the proper authority may prohibit its publication or sale, or enjoin the complete destruction of the plates by which it was printed.
Art. 5. The declaration of publication and the application for the recognition of the copyright shall be presented through the agency of the proper authority at the place where the interested party resides.
In a case where the author and the publisher are within the jurisdictions of two different administrations, the abovementioned documents shall be presented through the agency of the proper authority where the publisher is established.
Extension of protectionArt. 6. In the case of works which are recognized as being particularly useful and beneficial to the public welfare, the term of protection may be extended for fifteen years additional.
Art. 7. A certificate of copyright shall be delivered to the author concerned, stating the term of protection; at the expiration of which term the work shall return to the public domain.[3]
Series of works.Art. 8. Any person who shall publish an extensive work in a continuous series, for the completion of which several years of uninterrupted work are necessary, may obtain copyright for the successive publications appearing at intervals, the term of which copyright shall be special in each part.
Art. 9. Any person who shall desire to proceed with and complete a work, the copyright in which belongs to another, must have an amicable understanding with the proprietor, to the end that both signatures may appear in the application which shall be presented to that effect.
On the death of the proprietor, his heir shall be considered as such.
Republication.Art. 10. Any person who shall desire to publish, after he shall have either corrected, or abridged, or annotated, or enlarged by appendices of maps or plans, an existing work the copyright in which belongs to another, must obtain the consent of the proprietor to that effect, and the application shall be drawn up in accordance with the preceding article.
Art. 11. The renewal of the copyright must be requested, under penalty of forfeiture, in the case of every work which the author shall have corrected or abridged or annotated or enlarged by appendices of maps or plans, with a view to its reproduction.
It is nevertheless understood that the copyright shall remain valid for every new publication, provided no change has been made in the work, or if changes affect only the outward form of the work, or consist only in its division into a greater or less number of volumes.[4]
In the above-mentioned cases the declaration of publication and the deposit of copies shall be made in conformity with the provisions relating to these several formalities.
Psthumous works.Art. 12. After the death of the author his heir may publish his posthumous works and obtain copyright in them.[5]
Art. 13. Copyright shall be transmissible to the heirs so long as the legal duration has not expired.
The transfer shall however be declared by the heir to the Department of Home Affairs.[6]
Art. 14. Any person publishing the work of another must secure the consent of the author and sign conjointly with him the declaration relating to the publication of this work as well as the application for the recognition of the copyright.[7]
Illegal reproduction.Art. 15. No illegal (plagiarized) reproduction shall be permitted at the expense of works whose copyright has been recognized.
This shall not apply to citations taken from copyright works and utilized to support an argument or a demonstration.
Art. 16. When several persons shall perchance be authors of an analogous work and shall simultaneously or successively request the recognition of their copyright, it shall be granted to both or to neither of them, except in those cases where circumstances shall give rise to a preliminary examination upon which shall depend the granting of the right.
New translation.Art. 17. Any person who shall make a new translation of a work already translated by another, may obtain copyright for such work, provided that, upon examination, it is found beyond doubt to consist in correcting or completing or in making clearer the previous translation which remained imperfect because of its obscure, inexact, or incomplete passages.
Art. 18. The similarity between the titles of one work and another work previously published shall not bar the new publication from appearing, provided that the contents are different.
The title shall accordingly be accompanied by the superscription “by so and so.”[8]
Catalogue of works published.Art. 19. The Department of Home Affairs shall from time to time publish a general catalogue of the works last published.
Deposit of copies.Art. 20. Three copies of a published work shall be deposited with the Department of Home Affairs, and the recognition of copyright which shall be accorded shall require the immediate payment of a fee equivalent to the price of six copies.[9]
In default of the deposit of copies or payment of the fee, the sale of the work shall be prohibited.
Each copy must be accompanied by the inscription “regular price —.”
Notice of copyright.Art. 21. Every published work shall state the name, forename and domicile of the author, or if he be unknown, a note shall explain the absence of his name. It shall also bear the date of publication, the date of the recognition of the copyright, and the name, forename, and domicile of the publisher.
The use of pseudonyms shall be prohibited.
Transfer of copyright.In case of the transfer of copyright by inheritance, by sale or by division of the right ,the name, forename and domicile of the person who acquires the copyright shall be indicated in the work.
Art. 22. The sale of copyright shall be free.
In case of sale, the interested parties shall present to the Department of Home Affairs a declaration signed conjointly.[10]
Art. 23. Copyright which is divided by reason of the partial sale or cession of the right, shall nevertheless permit any one of the co-proprietors to publish, on his part, a similar work in full.
This division of the property shall be called “Bum-pan,” partition of copyright.
In case of the division of the property, a declaration signed by the interested parties shall be presented to the Department of Home Affairs.[10]
Declaration of transfer.Art. 24. In a case where the copyright has been acquired by inheritance, by sale or by division of the right, and in a case where the work has been revised, the failure to make the statutory declaration shall involve the forfeiture of the copyright.[10]
Art. 25. In a case where the recognized title of a work has been changed, or where a preface or an epilogue has been added (after the copies have been deposited), it shall be necessary accordingly to make either a new declaration or a new deposit of copies. The omission of this formality shall involve the forfeiture of the copyright.
Certificate of copyright.Art. 26. Any person who loses his certificate of authorization of publication shall declare its disappearance and obtain a new certificate in consideration of a fee equivalent to the price of three copies.[11]
Art. 27. The publishers of romances and songs shall conform to this law.
Art. 28. In the case of engravings, paintings and other similar works, the declaration shall be required for each publication conformably to Art. 1.
Nevertheless, copyright shall not be recognized in this class of productions.
Art. 29. If the copyright is sold or if the title of a work is altered after the certificate of copyright has been delivered, the proprietor must request the proper local authority to endorse (in accordance with the form appended hereto) the certificate whose text has been so modified.
Art. 30. When a certificate of copyright, after repeated endorsements, is covered with them in such a way as to leave no more space for a new inscription, its renewal must be requested.
This request shall be accompanied by the payment of a fee equivalent to the price of three copies.[11]
(1) and (2) indicating the position of the seal of the prefecture.
(Date)
Signature of the assigner or vender.
Art. 31. Any person who shall return to the State a certificate of copyright which he no longer needs shall pay a fee of thirty sen.[12]
Additional Provisions.
1. This law abrogates, from the day of its promulgation, all previous decrees relating to the regulation of the same matter.
New application required.In the case of works published before this date, a new application for the recognition of the copyright must be made in conformity with this law within four months following its promulgation, after which term, the failure to have made the application shall involve the forfeiture of the copyright.[13]
2. This new application for the recognition of the copyright shall require the payment of another fee. A new deposit of copies shall not be necessary in this case.
3. Hereafter all publications other than official acts (decrees, correspondence, local laws, journals kept by administrative bodies for the particular needs of the service) must be previously declared to the Department of Home Affairs, even when they shall emanate from central or local administrative bodies.
Penalties in relation to the law on the publication of works.
Non-compliance with required formalities.Art. 1. Any person who shall publish a work without with a preliminary declaration to the Minister of the Interior, or shall fraudulently use the words “copyright recognized,” or shall place a work on sale without having made the required deposit of copies or paid the required fee for the recognition of the copyright, shall be punished by the confiscation of the plates, the printed copies, and the proceeds from the sale of such copies.
Infringement: penalties.Art. 2. Any person who shall be guilty of an infringement or who shall publish the work of another by making any slight modification or addition thereto, such as altering passages, maps, or drawings, or disguising the title, shall be punished by a penalty of twenty to three hundred yen, and by the confiscation of the plates, the printed copies, and the proceeds from the sale of such copies, which shall be assigned to the injured proprietor as an indemnity.
Art. 3. Any person who shall knowingly sell a work coming under Articles 1 and 2 shall be liable to a penalty of five to one hundred yen.
Any person who shall knowingly sell a work coming under Art. 2, shall be punished, without prejudice to the above-mentioned penalty, by the confiscation of the copies remaining unsold and the proceeds of the copies sold, which shall be assigned to the injured proprietor as an indemnity.
Anonymous work.Art. 4. Any person who shall publish an anonymous work or a work on which the domicile of the proprietor is not stated, or who shall knowingly publish or sell a work under a pseudonym or under a false name or with a false address, shall be punished by imprisonment from ten days to six months, without prejudice to the confiscation prescribed by Art. 1.
Art. 5. When a work violates the law relating to public outrages, or Articles 12 et seq. of the press law, the author shall be proceeded against as author and the publisher as accessory.
Obscene works prohibited.Art. 6. Any person who shall produce and publish an obscene work (romances, songs, engravings, etc., injurious to public morals) shall be punished by imprisonment from thirty days to one year and a penalty of three to one hundred yen.
Art. 7. On receipt of a complaint filed in regard to an infringement of the law on the publication of works, the judicial authority shall immediately cause the plates and the incriminating copies to be seized, reserving to himself the right to confiscate the whole after the judgment is pronounced. In that case, if the typographer has worked under the personal direction of the publisher, or has knowingly executed his order, all the printing material shall be confiscated.
Art. 8. If, on its publication, a work in which copyright has been recognized is found to be contrary to this law, the infringement shall be punished according to the penalty provided therefor.
Translated from “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 12–27.
Law of June 17, 1876.
Law in regard to Copyright in Photographs, of the 17th day of the 6th month of the 9th Year of Meiji (June 17, 1876).
Copyright in photographs.Art. 1. Any person who shall take a photograph of a person, a landscape, or any other object whatever, shall obtain a monopoly of it for five years.
This monopoly shall be called “copyright in photographic works.”
In a case where the photographer shall not wish to obtain monopoly of a photograph, no declaration shall be necessary in order to publish it.
Notice of copyright.Art. 2. Every photograph in which copyright has been recognized, must bear on each copy the professional mark of the photographer, the selling-price, and the date of the recognition of the copyright.
Deposit of copies.Art. 3. Any person who shall have obtained the recognition of copyright in a photograph shall deposit three copies and pay a fee equivalent to the price of a dozen copies. Otherwise, the sale of the photograph shall be prohibited.
Art. 4. Arts. 7 and 13, Art. 21, par. 2, Arts. 22, 23, 24, and 26, of the law on the publication of works, shall be applicable to copyright in photographs, except that the provision of Art. 26 relating to the fee, shall, in the case of photographs, be represented by the price of six copies.
The same law [of Sept. 13, 1875] shall be applicable to photographs, for everything relating to applications and declarations.
Art. 5. Any person who shall photograph any work whatever must conform to the provisions of the law on the publication of works in regard to reproductions.
Confiscation of copies.Art. 6. Any person who shall violate the provisions of Art. 3, or shall knowingly re-sell a production contrary to these provisions, shall be punished by the confiscation of the copies remaining unsold, a penalty of from one to ten yen, and the forfeiture of the copyright of the photograph involved.
False notice.Art. 7. Any person who shall have reproduced a photograph belonging to another, or made fraudulent use of the words “copyright recognized” for a photograph, or sold, or, having knowingly bought, resold such a photograph, shall be punished by the confiscation of the copies remaining unsold, a penalty of from two to twenty yen, and the payment of an indemnity to the injured proprietor.
Procedure in regard to the application for the recognition of copyright in photographic works, the deposit of copies and the payment of the fee for the recognition of the aforesaid right.
Authorization of photograph.Any person who desires to photograph a person, a landscape, or any other object whatever, and to obtain the monopoly of the products of his art, must, before preparing and putting them on sale, request for such purpose the authorization of the Department of Home Affairs through the proper prefecture in accordance with the form used for the publication of works.
Deposit of copies.When a photograph is completed, three copies shall be deposited with the Department of Home Affairs in the same manner as in the case of books, and at the same time a fee representing the price of a dozen photographs shall be payable to the proper authority.
For everything else, the law on the publication of works shall be applicable to photographs.
Translated from “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 28–31.
Ordinance No. 77 of December 28, 1887.
Imperial Ordinance (No. 77) on Copyright (December 28, 1887).
Copyright and piracy defined.Art. 1. By copyright is meant the exclusive privilege for any person who has published a literary work, a drawing, or a picture, to obtain the benefit of his labor. By piracy is meant the reproduction of a literary work, a drawing, or a picture, without the consent of the author.
Art. 2. Any person who shall publish a literary work, a drawing, or a picture, in conformity with this law shall have his copyright protected by virtue of this same law.
Art. 3. Any person who wishes to obtain protection of his copyright must, before publishing his work, address for this purpose an application for registration to the Department of Home Affairs. This application shall be accompanied by a sum equivalent to the price of six copies.
Art. 4. Any State administration desiring to obtain protection of its copyright in a literary work, a drawing or a picture published by it, must inform the Department of Home Affairs of its intention.
Notice of copyright.Art. 5. Literary works, drawings, or pictures, the copyright in which has been registered, must bear throughout the term of protection the inscription Han-ken-sho-yu (meaning “author’s rights reserved”); failing which, the registration shall have no effect.
Registration of copyright.Art. 6. A registry shall be kept at the Department of Home Affairs for the registration of copyright. Applications shall be entered in the order of their presentation. A certificate of registration shall be given. The Department of Home Affairs shall publish, from time to time, in the Official Journal, a list of works the copyright in which shall have been registered.
Nature and extent of copyright.Art. 7. Copyright in a literary work, a drawing, or a painting belongs to the author, and after his death, to his right.
Copyright in lectures or speeches collected and united in volumes, belongs to the lecturer or speaker. When publication is made with the consent of the lecturer or speaker by the person who has formed the collection, the copyright belongs to the compiler, and after his death to his heirs.
Copyright in a translated work belongs to the translator, and after his death, to his heirs.
State administrations, schools, societies and associations or other like bodies, own the copyright in literary works, drawings, or pictures published in their name.
Copyright in literary works, drawings, or pictures which are compilations of the works, lectures, or speeches of several persons, belongs to the compiler, or after his death, to his heirs. Nevertheless, the interests of authors, lecturers, speakers, or their heirs, as against compilers, are regulated by mutual agreement.
Assignment of copyright.Art. 8. Copyright may be sold or assigned with or without conditions.
Art. 9. When a certificate of registration of copyright is destroyed or lost, a new copy may be obtained by addressing an application, stating the reason, to the Department of Home Affairs. A fee of fifty sen shall be payable.
Duration of copyright.Art. 10. The enjoyment of copyright is secured during the life of the author and five years after his death. If the number of years elapsed between the month of registration and that of the death of the author, with five years added, does not amount to thirty-five years, the enjoyment of copyright shall endure for thirty-five years from the month of registration. When a work is published by several authors in collaboration, the duration of copyright is determined by the death of the last survivor.
In the case of literary works, drawings, or pictures published in the name of a State administration, a school, a society, or an association, etc., or those which are published after the death of the author, the duration of copyright is thirty-five years from the month of registration.
Art. 11. The term of copyright in literary works, drawings, or pictures, published in parts, is reckoned for each part from the month of its publication. But, in each case, the formality prescribed by Art. 3 is obligatory.
Reviews or analogous publications may, by permission of the Department of Home Affairs, be exempted from the formalities prescribed in Art. 3.
Alterations or annotations.Art. 12. The enjoyment of copyright shall not be affected either by the modifications, or additions, or curtailments to which a literary work, a drawing, or a painting has been subjected, or by annotations, or supplements, or the addition of maps, or by any change in binding, or by its division into a greater or a less number of volumes.
Extension of term of copyright.Art. 13. If, in the case of a literary work, a drawing, or a picture which is especially useful to society, the profits derived from it during the term of copyright have not compensated for the work and the expense involved in its preparation and publication, the proprietor may, by an application stating the reason, obtain from the Department of Home Affairs a prolongation of ten years.
Republication of copyright works.Art. 14. If the person entitled to copyright in a literary work, a drawing, or a picture, dies during the existence of the copyright, and a person who has reason to believe that there is no one to inherit such right desires to publish the said work, he must insert a notice to this effect, during seven days at least, in the Official Journal, in four of the most important papers of Tokio, and in the paper of the place where the proprietor resided. If no heir presents himself within six months following the date of the last notice, publication may be authorized by the Department of Home Affairs, and the applicant shall be considered as the heir to the copyright.
In the case of a work not yet published, of which the author or his heirs are not known and cannot be discovered, any person may, by following the formalities prescribed in the preceding paragraph, publish the work and obtain protection of the copyright.
Art. 15. Articles, reports, or tales appearing in continuation in at least two numbers of a newspaper or review, cannot, within the two years following their publication, be collected in one volume and published without the consent of the proprietor of the newspaper or review.
Infringement.Art. 16. Any person who pirates a literary work, a drawing, or a picture in which copyright has been reserved, shall be held liable in damages to the proprietor. Any person who injures copyright by the sale of manuscript copies shall also be liable in the same way.
Injunction.Art. 17. In proceedings against piracy the judge may, on the application of the plaintiff, restrain the sale or distribution of pirated works by interlocutory injunction. But, if the result of the inquiry establishes no infringement, the plaintiff shall be held liable for damages caused by the issuance of the injunction.
Art. 18. The obligation to pay damages for piracy passes to the heirs of the pirate.
Piracy.Art. 19. The following shall be considered pirates: any person who has published a literary work, a drawing or a picture, in which copyright has been reserved, or having enlarged or mutilated it, or having added notes, commentaries, supplements, drawings, or maps, or having completed parts not yet finished, shall have published it in such shape without the consent of the proprietor; and any person who shall have violated the provisions of Art. 15.
Any person who, having collected the lectures or speeches of an author, shall have published them without his consent, shall also be considered a pirate.
Translations.Art. 20. Although a translator owns the copyright in his translation, nevertheless he cannot prosecute as a piracy another translation from the original text, unless he can prove that his own translation has been plagiarized.
Art. 21. Any person who shall have injured copyright by the unlawful use or imitation of the title of a literary work, a drawing, or a picture, in which copyright is reserved, or by combinations of names or marks resembling those of other persons, societies, or firms, for the purpose of deceiving the public, shall be considered a pirate.
Art. 22. Any person who, without the consent of the author or his heirs, shall have published an unpublished literary work, drawing, or picture, or who shall have reproduced a literary work, a drawing or a painting not intended for sale, shall be considered a pirate.
Art. 23. Any person who shall have injured copyright by photographing a literary work, a drawing, or a picture, shall be considered a pirate.
Art. 24. Any person who shall have imported or sold pirated copies, made in a foreign country, of literary works, drawings, or pictures in which copyright is reserved in Japan, shall be considered a pirate.
Art. 25. When, in the case of an action for piracy, it is difficult to decide whether or not there has been piracy, the court having jurisdiction may choose at least three experts and order them to make a report.
Art. 26. The obligation to pay damages for piracy ceases three years after the expiration of the term of protection in the original work.
Penalties for piracy.Art. 27. The pirate and also the printer or the vendor who have acted knowingly shall be liable to imprisonment from one month to a year, and a penalty of twenty to three hundred yen. Nevertheless, proceedings shall not be instituted except on the complaint of the party claiming to be injured.
The plates and the parts already printed of a pirated publication shall be confiscated in whosesoever possession they are found, and shall be delivered to the plaintiff with the proceeds from the copies already sold.
Art. 28. Even when the copyright in a literary work, a drawing, or a picture shall not have been reserved, it is not permissible to distort the author’s ideas by changes or mutilations, or to change the title, or to conceal the author’s name, or to reproduce the work and falsely put it forth as the work of another person. Every offender shall be liable to a penalty of two to one hundred yen. Nevertheless, no proceedings shall be instituted except on the complaint of the author or publisher.
False notice of copyright.Art. 29. Any person who, without having complied with the formalities prescribed in Art. 3, shall have published a literary work, a drawing, or a picture, bearing the notice “Copyright reserved,” shall be liable to a penalty of ten to one hundred yen.
Art. 30. The provisions of the Penal Code relating to the diminution of penalties because of voluntary information, to the augmentation of penalties because of the repetition of the offense, and to the concurrence of several offenses committed by the same person, shall not be applicable in case of violations of this law.
Art. 31. Proceedings against violations of this law shall be barred after the lapse of two years from the time the work, the subject of piracy, was last sold or distributed, and for works not sold or distributed, from the time of the last printing.
Art. 32. The duration of the enjoyment of copyright secured by virtue of the laws at present in force shall be calculated according to these same laws.
Translated from “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 31–42.
Ordinance No. 78 of December 28, 1887.
Imperial Ordinance (No. 78) Relating to Dramatic Works and Musical Compositions (December 28, 1887).
Copyright in dramatic works.Art. 1. Dramatic works intended for the theatre, and musical compositions, may be published and the copyright reserved, by conforming to the laws on copyright.
Art. 2. Any person who shall have reserved copyright in a dramatic work intended for the theatre, or in a musical composition published by him, may at the same time reserve the right of representation (viz: the right to publicly represent or perform the work for profit) during the term of protection. But dramatic works or musical compositions in which copyright shall have been reserved must bear the notice “Right of representation reserved.”
Assignment.Art. 3. The right of reproduction in a dramatic or musical work may be sold or assigned with or without conditions.
Infringement.Art. 4. Any person who shall have violated the right of representation in a dramatic work or a musical composition shall be held liable in damages to the proprietor, and it shall be the same in the case of any person who, without the consent of the author or his heirs, shall have represented a dramatic work or a musical composition not yet published.
Art. 5. The obligation to pay damages for an unlawful representation is barred after the lapse of one year from the month following the last infringement of these rights.
Translated from “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 42–43.
Ordinance No. 79 of December 28, 1887.
Imperial Ordinance (No. 79) Relating to Copyright in Photographs (December 28, 1887).
Copyright in photographs.Art. 1. By photography is meant the representation of persons, objects, views, or other pictures, obtained by means either of light or of chemical processes; and by copyright in a photograph is meant the exclusive right to derive profit from the photograph.
Art. 2. Copyright in a photograph belongs to the photographer who has taken it, and after his death to his heirs. Copyright in a photograph deposited with a photographer, belongs to the depositor, and, after his death, to his heirs. Any person having copyright in photographs so deposited may withdraw the negatives from the photographer with whom they were deposited.
Registration.Art. 3. Any person who shall desire to obtain protection in a photograph must, before publication, request the registration of such rights at the Department of Home Affairs, accompanying his request by two proof copies and a sum equivalent to the price of six copies. Photographs of persons are protected without waiting for registration.
Art. 4. When the copyright in a photograph has been registered, each proof must, during the period of protection, bear an indication of the name and address of the proprietor, as well as the date of registration. In default of which, the effect of the registration shall be void.
Art. 5. A registry shall be kept at the Department of Home Affairs for the registration of copyright in photographs. Applications shall be entered in the order of presentation. A certificate of registration shall be given. The said certificate shall be treated in the same way as that for the registration of copyright in literary works, drawings, or pictures.
Duration of copyright.Art. 6. The term of copyright in photographs is ten years from the expiration of the month of registration.
Art. 7. Copyright in photographs may be sold or assigned with or without conditions.
Infringement.Art. 8. It is unlawful to reproduce photographs in which copyright is reserved, or to make pseudo-photographs obtained by processes which allow of the multiplication of copies by mechanical or chemical means. The photographer with whom the negative has been deposited is forbidden to multiply copies from the said negative without the consent of the proprietor or his heirs.
Art. 9. Any person who, without having complied with the formalities prescribed in Art. 3, shall falsely state that his rights are reserved, shall be punished by a penalty of two to twenty yen.
Penalties.Art. 10. Every violation of the provisions of Art. 8 shall be considered as an offense of piracy provided for by the laws relating to copyright. It shall be punishable by a penalty of twenty to two hundred yen. The pirate shall also be liable in damages.
The obligation to pay damages shall be barred after the lapse of one year from the expiration of the term of copyright in the original photograph.
Limitation of action.Art. 11. Proceedings against any violation of this law shall be barred after one year from the date of the production of the photograph or pseudo-photograph claimed to be a piracy, or if the matter in question is a sale, from the date when a copy was last sold.
Art. 12. The provisions of the Penal Code relating to the diminution of penalties because of voluntary information, to the augmentation of penalties because of the repetition of the offense, and to the concurrence of several offenses committed by the same person, shall not be applicable in case of violations of this law.
Translated from “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 44–47.
Law of April 24, 1893.
Law (No. 16) on Copyright, of the 24th day of the 4th month of the 26th Year of Meiji (April 24, 1893).
[This law is substantially the same as Ordinance No. 77 of December 28, 1887. Instead of reprinting it in full, therefore, only such articles or parts of articles are given here as do not appear in, or are changed from the Ordinance of 1887. The italicized portions are taken from the original to indicate the changes made, see pp. 33–36.]
Art. 1. Same as Ordinance No. 77.
How to obtain copyright.Art. 2. Any person who shall publish a literary work, a drawing or a picture inconformity with the law on the publication of works, and shall publish a review in conformity with the law on publication and the press law, shall have his rights protected by virtue of this law.
Registration.Art. 3. Any person who shall desire to obtain protection of his copyright must, before publishing his work, address an application for registration to the Department of Home Affairs. This application shall be accompanied by a sum equivalent to the price of six copies, as a fee for registration. This sum shall however be not less than fifty sen nor more than fifty yen.
The price must be stated on works or drawings or pictures of which the copyright has been registered.
In case it is afterwards found necessary to raise the price on a registered work, the resulting difference in price must also be assessed and paid to the Department of Home Affairs, but the original fee increased by this addition must not exceed ten yen.
Arts. 4–6. Same as Ordinance No. 77.
Nature and extent of copyright.Art. 7. Copyright in a literary work, a drawing or a painting belongs to the author, and after his death, to his heirs.
It shall be the same in the case of a collection of lectures or speeches. But where lectures or speeches have been delivered at public meetings, the publication of them in a collection shall not constitute a piracy.
Art. 7, pars. 3 and 4. Same as Ordinance No. 77.
Art. 7, par. 5. Copyright in literary works, drawings, or pictures which are compilations of at least two different works or collections of lectures or speeches, belongs to the compilers, or, after their death, to their heirs.
Nevertheless, in a case where the copyright in one or more of the above-mentioned works or original collections belongs to other persons, the provision of this paragraph shall not apply to that part of the compilation except with the consent of their respective proprietors.
Copyright in drawings or pictures (or calligraphic works) belongs to the proprietors of the originals.
Art. 8. Same as Ordinance No. 77.
Art. 9, par. 1. Same as Art. 9, Ordinance No. 77.
Rectification of error in certificate.Art. 9, par. 2. In case a certificate of registration of copyright shall contain an error, its rectification may be obtained by addressing an application explaining the circumstances to the aforesaid Department, attaching as a fee the sum of fifty sen, unless the error is attributable to the administration.
Art. 10–11. Same as Ordinance No. 77.
Art. 12. Same as Ordinance No. 77, with this additional sentence: In the case of photographic works or a drawing or a picture inserted in or added to a literary work, those only which have been executed for such work shall enjoy the protection of copyright conjointly with the work which they accompany.
Prolongation of protection.Art. 13. At the expiration of the period of copyright and on an application from the proprietor explaining the matter, the Department of Home Affairs may prolong the term for ten years if it is deemed necessary.
Art. 14. Same as Ordinance No. 77.
Contributions to newspapers.Art. 15. Articles, reports or tales appearing in at least two numbers of a newspaper, or even in a single number on condition however that in this latter case they occupy a special column preceded by the notice “all reproduction prohibited,”—cannot be reproduced in any other newspaper, nor compiled in one work and published, without the consent of the author of the aforesaid articles or reports, within two years following their publication.
But this term of two years lapses if such writings are compiled and collected in one work for which registration of copyright had been effected, and they cannot be used for profit by a new compiler.
Arts. 16–18. Same as Ordinance No. 77.
Art. 19, par. 1. Same as Ordinance No. 77.
Piracy.Art. 19, par. 2. Any person who, having collected the lectures of another or the speeches made in non-public meetings, shall have published them without the consent of their authors, shall also be considered a pirate.
Art. 20–21. Same as Ordinance No. 77.
Art. 22. Same as Ordinance No. 77, with this additional sentence: It shall be the same in the case of drawings or pictures or calligraphic works published without the consent of their proprietors.
Art. 23–25. Same as Ordinance No. 77.
Damages for piracy.Art. 26. Damages for piracy are barred three years after the expiration of the term of protection in the original work.
Art. 27. Same as Ordinance No. 77, except that the penalty is raised from “twenty to three hundred yen” to “thirty to three hundred yen.”
Art. 28. Same as Ordinance No. 77, except that the phrase “to distort the author’s ideas by changes or mutilations” is altered to “changes or modifications.”
Arts. 29–30. Same as Ordinance No. 77.
Art. 31. Proceedings against infringements of this law shall be barred after two years.
Art. 32. The duration of the enjoyment of the rights secured by virtue of the laws formerly in force on printing and on the publication of works, shall be calculated according to these same laws.
Translated from “Collection de la législation sur les droits d’auteur au Japon.” 8°. Tokyo, 1903, pp. 47–59.
- ↑ The auxiliary marks used by the Japanese to facilitate the reading of Chinese text are called Kunten. In the same way interlinear translations and punctuation apply only to Chinese text.
- ↑ Note.—“A work for which only a declaration of publication has been made can not be published without the authorization of the proper authority, if the latter has claimed the manuscript for examination.”
- ↑ Note.—“Reproductions shall then be free, without prejudice however to the provision of Art. 1, which prescribes a preliminary declaration to the Department of Home Affairs for every publication issued.”
- ↑ Note.—“Alterations, abridgments, additions, or annotations made by the heir after the death of the author, shall be included in this article which provides for similar modifications made by the author himself.”
- ↑ Note.—“When the author of a posthumous work dies without an heir or when his heir cannot be found, the declaration relating to the publication of such work or the application for the recognition of the copyright in such work, may nevertheless be presented to the proper authority, on condition however, that he who fulfils these formalities shall prove the impossibility of obtaining the signature of the interested heir, and shall declare himself responsible for the consequences of his act, in case the heir shall appear later and insist on his rights against the former.”
- ↑ Note.—“The indorsement of the certificate of copyright shall be submitted to the proper prefecture for signature, conformably to Art. 29.”
- ↑ Note.—“This article supposes the author to be living: Art. 12 shall be applicable in case he be dead.”
- ↑ Note.—“This superscription shall also be necessary for works which have fallen into the public domain.”
- ↑ Note.—“The fee shall be payable at the proper prefecture on the appearance of the whole or part of the work.”
“For the formality to be complied with in this case, see the procedure required for the deposit of copies.”
- ↑ 10.0 10.1 10.2 Note.—“See the provision for the sale, cession, or division of copyright.”
- ↑ 11.0 11.1 Note.—“This payment shall be made in the same manner as that for the recognition of the copyright.”
- ↑ Note.—“This payment shall be made in the same manner as that for the recognition of the copyright.”
- ↑ Note.—“A decree of Jan. 8, 1876 prolonged the above term by four months, ending on Apr. 30, 1876.”
Index.
Additions to copyright works not new subject-matter of copyright |
8 |
Author of, may register true name |
7 |
Application for registration of, under true name of author |
16 |
Publication or representation of, must be first announced in newspapers |
15 |
Publisher of, authorized to protect copyright |
6 |
Term of copyright in |
5 |
Infringement of |
10 |
To be sent to Department of Home Affairs |
16 |
Forms of |
16, 17 |
To be published in Official Gazette |
16 |
Imperial ordinance No. 314 |
13 |
Departmental ordinance No. 26 |
14 |
Architecture, works of, not copyrightable |
12 |
May be copyrighted |
5 |
Reproduction of, by different method |
8 |
Term of copyright in photograph of |
8 |
Insertion of, in literary or scientific work |
9 |
May obtain registration of his right |
7 |
Publisher or exibitor authorized to protect rights of |
6 |
Right of translation reserved to, for ten years from first publication |
6 |
Can not change copyright work without consent of author |
7 |
Allowed |
5 |
Must be recorded |
7 |
Consent of author necessary to make changes in work assigned |
7 |
Penalty for failure to acquire |
11 |
May secure copyright |
5 |
May secure registration of his right |
7 |
Name of, required to appear in application for registration |
16 |
Right of translation reserved to, for ten years |
6 |
Of anonymous or pseudonymous work, may register his true name |
7 |
Of unpublished dramatic or musical composition |
10 |
Penalty for changing name of, on work |
11 |
Penalty for publishing work under name of other than |
11 |
Consent of, necessary to make changes in assigned work |
7 |
Penalty for failure to acquire |
11 |
Question of, in case of suit for infringement |
10 |
Foreign, rights of |
9 |
Certificate of registration, fee for inspection or copy of |
17 |
Churches, term of copyright in works published by |
6 |
Citation of source of borrowed material must be given |
10 |
Allowed within certain limits |
9 |
Penalty for unlawful |
11 |
Copyright in, belongs to joint authors |
7 |
Joint author may prohibit use of name in |
7 |
Penalty for unlawfully using name of joint author in |
11 |
Compiler shall have copyright in |
7 |
From published works, for educational purposes, permitted |
9 |
Condition precedent to bringing suit, registration |
7 |
Necessary to make changes in work assigned |
7 |
Penalty for failure to acquire |
11 |
Convention, copyright, between United States and Japan |
18 |
Copy, original of unpublished work not attachable |
7 |
Copyright, extension of existing |
12 |
Copyright convention between United States and Japan, proclamation of |
18 |
Copyright laws, list of |
1 |
To be kept by Department of Home Affairs |
16 |
Fee for inspection or copy of |
17 |
Corporate bodies, term of copyright in works published by |
6 |
Courts, speeches and pleadings in, not copyrightable |
6 |
Imperial ordinance No. 314 |
13 |
Departmental ordinance No. 26 |
14 |
Penalty for false |
14 |
Department of Home Affairs, copyright records to be kept by |
16 |
Right of representation reserved to author |
5 |
Already represented, protected for five years |
12 |
Formalities to be complied with |
13 |
Use of extracts from literary or scientific works in, permitted |
9 |
Infringement of unpublished |
10 |
Law of 1887 relating to |
37 |
Abrogated, law March 3, 1899 |
12 |
May be copyrighted |
5 |
Reproduction of, by plastic arts permitted |
10 |
Reproductions from published works for use of, permitted |
9 |
Term of copyright in works published by |
6 |
Publication of solutions of problems for academical exercises, illegal |
10 |
Escheat, copyright terminates in case of |
6 |
Extension of term of existing copyright |
12 |
Extracts from published works, reproduction of, permitted |
9 |
For inspection of register of applications for stamping |
15 |
For inspection or copy of copyright records |
17 |
First publication in the Empire |
9 |
Foreign authors, rights of |
9 |
Forfeiture of unlawful copies and implements |
11 |
Formosa |
15 |
Forms of applications for registration of copyright |
16, 17 |
Fraudulent registration, penalty for |
11 |
Importation of copies of infringed work prohibited |
10 |
Cases in which reproduction is not considered as |
9 |
Unintentional, restitution must be made in case of |
10 |
Joint proprietor may sue in case of |
10 |
Seizure in case of |
11 |
Of unpublished dramatic or musical composition, by representation |
10 |
Suspension of representation in case of |
11 |
Publication of solutions of problems for academical exercises prohibited |
10 |
Importation of infringed copies prohibited |
10 |
Plaintiff liable for damages in case of no |
11 |
Provision for |
9 |
Copyright convention between United States and Japan |
18 |
May 13, 1869 ( Publication of works), text of |
21 |
January 13, 1872 (Publication of works), text of |
23 |
September 13, 1875 (Publication of works), text of |
24 |
June 17, 1876 (Copyright in photographs), text of |
31 |
December 28, 1887 (No. 77, on copyright), text of |
33 |
December 28, 1887 (No. 78, on dramatic and musical compositions), text of |
37 |
December 28, 1887 (No. 79, copyright in photographs), text of |
37 |
April 24, 1893 (No. 16, on copyright), text of |
39 |
March 3, 1899 (copyright law), text of |
5 |
June 27, 1899 (Imperial ordinance No. 314), text of |
13 |
June 28, 1899 (Departmental ordinance No. 26), text of |
14 |
June 28, 1899 (Departmental ordinance No. 27), text of |
15 |
June 28, 1899 (Departmental ordinance No. 28), text of |
16 |
Copyright convention between United States and Japan, May 10, 1906 |
18 |
Copyright in work by |
7 |
Term of copyright in work by |
5 |
May prohibit use of name on collaborative work |
7 |
Penalty for unauthorized use of name of |
11 |
Joint proprietor may sue in case of infringement |
10 |
“Kunten,” addition of signs called, not new subject-matter of copyright |
8 |
Laws not subject-matter of copyright |
6 |
May be copyrighted |
5 |
Limitation of action (two years) |
11 |
List of copyright laws |
1 |
May be copyrighted |
5 |
Insertion of artistic productions in |
9 |
Photographs in |
8 |
Right of performance reserved to author |
5 |
Already performed, protected for five years |
12 |
Formalities to be complied with |
13 |
Extracts from literary or scientific work to serve as words for, permitted |
9 |
Infringement of unpublished |
10 |
Law of 1887 relating to |
37 |
Abrogated, law of March 3, 1899 |
12 |
Negative of photograph, term of copyright in |
8 |
New editions not new subject-matter of copyright, unless considered as new material |
8 |
Miscellaneous facts, news, and political discussions in, not copyrightable |
6 |
Reproduction of articles from |
8 |
Penalty for unlawful |
11 |
Notice of copyright on newspaper and periodical articles |
8 |
Official acts of public authorities not copyrightable |
6 |
Ordinances not subject-matter of copyright |
6 |
Original copy of unpublished work not attachable |
7 |
May be copyrighted |
5 |
Reproduction of, by plastic arts, permitted |
10 |
For infringement of copyright |
9, 11 |
Forfeiture of unlawful copies and implements |
11 |
For placing infringed copies on sale or in circulation |
11 |
For unlawfully changing work of author |
11 |
For changing assigned copyright work without author’s consent |
11 |
For publishing work under other name than author’s |
11 |
For unlawful reproduction of parts from collective works |
11 |
For fraudulent registration |
11 |
For fraudulent declaration regarding work published under former laws |
14 |
For fraudulently obtaining stamping of works published under former laws |
14 |
Plaintiff liable for damages in case of no infringement |
11 |
Reproduction of |
8 |
Penalty for unlawful reproduction of |
11 |
May be copyrighted |
5 |
Term of copyright in |
8 |
Of artistic work, term of copyright in |
8 |
In literary or scientific works |
8 |
Law of 1876 relating to |
31 |
Law of 1887 relating to |
37 |
Abrogated, law of March 3, 1899 |
12 |
Photographic portraits, copyright in, belongs to author |
9 |
Photography, works produced by processes analogous to |
9 |
Plaintiff responsible for damages in case of no infringement |
11 |
Plastic arts, reproduction of drawing or painting by, permitted |
10 |
Plastic works may be copyrighted |
5 |
Pleadings not copyrightable |
6 |
Political discussions in newspapers and periodicals not copyrightable |
6 |
Political reunions, speeches in, not copyrightable |
6 |
Portraits, photographic, copyright in, belongs to author |
9 |
Posthumous work, term of copyright in |
5 |
Problems for academical exercises, publication of solutions of, prohibited |
10 |
Proclamation of copyright convention between United States and Japan, May 17, 1906 |
18 |
Prohibition of importation of copies of infringed work |
10 |
Author of, may register true name |
7 |
Publisher of, authorized to protect copyright |
6 |
Application for registration of, under true name of author |
16 |
Term of copyright in |
5 |
Infringement of |
10 |
Term of copyright in works published by |
6 |
Official acts of, not copyrightable |
6 |
Public domain, translator of work in, can not prevent other translations |
8 |
First, within the Empire |
9 |
Of intention to publish or represent anonymous work |
15 |
Of registrations from applications, required in Official Gazette |
16 |
Of solutions of problems for academical exercises, illegal |
10 |
Authorized to protect rights of author |
6 |
In case of infringement |
10 |
To be kept by Department of Home Affairs |
16 |
Fee for inspection of |
17 |
Of applications for stamping of copies produced under former laws |
14, 15 |
Shall be open to the public |
15 |
May be secured by author or his assign |
7 |
Application for, must be sent to Department of Home Affairs |
16 |
To be made by administrative authorities |
7 |
Forms of application for |
16, 17 |
To be published in Official Gazette |
16 |
Of assignment of copyright required |
7 |
Condition precedent to bringing suit |
7 |
Under true name of author of anonymous or pseudonymous work |
16 |
Fraudulent, penalty for |
11 |
Right of, reserved to author |
5 |
Of anonymous work must be preliminarily announced in newspapers |
15 |
Date of, required in application for registration |
16 |
Unlawful, of dramatic or musical composition |
10 |
Suspension of, in case of infringement |
11 |
Of works already performed, protected for five years |
12 |
Formalities to be complied with |
13 |
Exclusive right of, reserved to author |
5 |
Cases in which not considered as infringement |
9, 10 |
Of drawing or painting by plastic arts, permitted |
10 |
Of artistic work by different method |
8 |
By photography |
8 |
May be sold and distributed |
12 |
Must be stamped |
12 |
May be used five years |
12 |
Must be stamped |
13 |
May be copyrighted |
5 |
Photographs in |
8 |
Insertion of artistic productions in |
9 |
Sculpture may be copyrighted |
5 |
Seizure in case of infringement |
10 |
Serial work, term of copyright in |
6 |
Societies, term of copyright in works published by |
6 |
Solutions of problems for academical exercises, publication of, prohibited |
10 |
In courts and deliberative and political assemblies, not copyrightable |
6 |
Imperial ordinance no. 314 |
13 |
Departmental ordinance no. 26 |
14 |
Fraudulently obtained, penalty for |
14 |
May 13, 1869 (Publication of works), text of |
21 |
January 13, 1872 (Publication of works), text of |
23 |
September 13, 1875 (Publication of works), text of |
24 |
June 17, 1876 (Copyright in photographs), text of |
31 |
December 28, 1887 (No. 77, on copyright), text of |
33 |
December 28, 1887 (No. 78, on dramatic and musical compositions), text of |
37 |
December 28, 1887 (No. 79, copyright in photographs), text of |
37 |
April 24, 1893 (No. 16, on copyright), text of |
39 |
March 3, 1899 (copyright law), text of |
5 |
June 27, 1899 (Imperial ordinance No. 314), text of |
13 |
June 28, 1899 (Departmental ordinance No. 26), text of |
14 |
June 28, 1899 (Departmental ordinance No. 27), text of |
15 |
June 28, 1899 (Departmental ordinance No. 28), text of |
16 |
Subject-matter of copyright |
5 |
Not subject-matter of copyright |
6, 12 |
Registration, condition precedent to |
7 |
Injured party may bring |
11 |
Joint proprietor may bring |
10 |
Must be brought within two years |
11 |
Question of author in case of |
10 |
Plaintiff responsible for damages in case of no infringement |
11 |
Life of author and thirty years |
5 |
In anonymous or pseudonymous work, thirty years from publication |
5 |
In posthumous work, thirty years from publication |
5 |
In work by joint authors, thirty years from death of last surviving author |
5 |
In works published by corporate bodies, thirty years from first publication or representation |
6 |
In work published in parts |
6 |
In photograph, ten years |
8 |
In photograph of work of art |
8 |
In photographs contained in literary or scientific works |
8 |
In works already represented, five years from promulgation of this law |
12 |
Right of translation, ten years |
6 |
In translations commenced before this law, five years from first publication |
12 |
Extension of term of existing copyright |
12 |
Terminates with end of year |
6 |
Terminates in case of death of author without heirs |
6 |
Must be given in application for registration |
16 |
Penalty for unlawfully changing |
11 |
Transitory provisions |
12 |
Ordinance no. 314 concerning |
13–14 |
Right of, reserved to author |
5 |
Reserved to author for ten years |
6 |
After ten years applies only to languages in which published |
6 |
Author of, may secure copyright |
8 |
Of work in public domain, can not prevent other translations |
8 |
Authorization to make and publish, not required: Copyright convention between United States and Japan |
19 |
To be published within seven years |
12 |
May be reproduced for five years from first publication |
12 |
Formalities to be complied with |
13 |
Treaty, copyright, between the United States and Japan |
18 |
United States, copyright convention between Japan and |
18 |
Unlawful copies, forfeiture of |
11 |
Unpublished dramatic or musical composition |
10 |
Original copy of, not attachable |
7 |
Of unknown author, may be published |
9 |
Who may obtain copyright |
5 |
Words for musical composition, extracts from published works may serve as |
9 |
○
This work was published before January 1, 1930, and is in the public domain worldwide because the author died at least 100 years ago.
Public domainPublic domainfalsefalse