Author's rights (copyright, moral rights, neighboring rights)

Types of author rights

There are three rights of the author as follows.

・ Copyright (property right)

・ Moral rights of author

・ Related rights

Copyright (property right)

Copy right

Article 21 of the Copyright Act: The author has the exclusive right to copy the work.

It is the right to tangibly reproduce a copyrighted work by printing, photography, copying, sound recording, recording, etc.

 

Performance right / performance right

Article 22 of the Copyright Act: The author has the exclusive right to publicly screen the work.

The right to publicly perform or perform a work.

Screening rights

Article 22-2 of the Copyright Act: The author has the exclusive right to publicly screen the work.

The right to publicly screen a copyrighted work.

Public transmission rights, etc.

Copyright Law Article 23:

1. The author has the exclusive right to publicly transmit the work (including enabling transmission in the case of automatic public transmission).

2 The author has the exclusive right to publicly transmit the publicly transmitted work using the receiving device.

It is the right to automatically publicly transmit, broadcast, wire broadcast, and publicly transmit those publicly transmitted works using a receiving device.

Oral rights

Article 24 of the Copyright Act: The author has the exclusive right to publicly dictate the work in that language.

It is the right to verbally and publicly convey a linguistic work by reading aloud.

Exhibition right

Article 25 of the Copyright Act: The author has the exclusive right to publicly display the works of the art or the works of photographs that have not yet been published by these original works.

It is the right to publicly display the original works of art works and unpublished photographic works.

Distribution right

Copyright Law Article 26:

1. The author has the exclusive right to distribute the copyrighted work of the movie in its reproduction.

2 The author has the exclusive right to distribute the copyrighted work reproduced in the cinematographic work as a copy of the cinematographic work.

The right to distribute (sell, rent, etc.) a copy of a cinematographic work.

Transfer right

Article 26-2 of the Copyright Act: The author shall use the copyrighted work (excluding cinematographic works; the same shall apply hereinafter in this article) as the original work or reproduction (work reproduced in the cinematographic work). In this case, the copyright is exclusively provided to the public by the transfer of (excluding the reproduction of the copyrighted work of the movie; the same shall apply hereinafter in this Article).

It is the right to transfer the original work or reproduction of a work other than a movie to the public.

Rental rights

Article 26-3 of the Copyright Act: The author shall make a copy of the work (excluding the work of the movie) (for the work reproduced in the work of the movie, the work of the movie). It has the exclusive right to provide to the public by lending (excluding reproductions of things).

The right to lend a copy of a non-movie work to the public.

Translation rights, adaptations, etc.

Article 27 of the Copyright Act: The author has the exclusive right to translate, arrange, transform, or adapt the work, make it into a movie, and otherwise adapt it.

The right to translate, arrange, transform, adapt, etc. a work (the right to create a derivative work).

 

Right to use derivative works

Article 28 of the Copyright Act: The author of the original work of the secondary work shall have the rights provided for in this subsection regarding the use of the secondary work by the author of the secondary work. Exclusively of the same type of rights.

It is the right to use derivative works produced by translation or script writing.

The author of the secondary work acquires the copyright of the secondary work, but the author of the work (original) that is the source of the secondary work is also the secondary work. It has the same kind of rights as the author of the thing.

 

Moral rights

Publication right

Article 18 of the Copyright Act: The author reserves the right to provide or present to the public any work that has not yet been published. The same shall apply to derivative works whose original work is the work.

It is the right to decide whether to publish an unpublished work.

Name display right

Article 19 of the Copyright Act: The author displays the real name or pseudonym as the author's name in the original work of the work, or when providing or presenting the work to the public, or displays the author's name. Have the right not to. The same shall apply to the display of the author name of the original work when providing or presenting the derivative work whose original work is the work to the public.

It is the right of the author to decide whether or not to display the author's name when publishing his work, and when displaying it, whether to publish it under his real name or under a pseudonym such as a pen name.

Identity retention right

Article 20 of the Copyright Act: The author has the right to maintain the identity of the work and its title, and shall not be subject to these changes, excisions or other modifications against his will.

It is the right of the author not to modify his or her work without the permission of others.

 

Related rights

It is a right granted to performers such as performers and singers.

It was added by the revision of the law in 1970.

Before 1970, the copyright was granted to the lyricist and composer, but the copyright was not granted to the performers such as singers.

Singer-songwriters who sing songs written and composed by themselves are subject to copyright, moral rights, and neighboring rights.

Related rights of the performer have the following rights.

Recording right / recording right

Broadcasting rights / wired broadcasting rights
Transmission enablement right

Transfer right

Rental rights

Right to receive secondary usage fees for broadcasting

Right to receive compensation for rental records