※Our business is aimed at corporate and individual customers residing in Japan, so we cannot respond to inquiries from outside Japan.

➀Price of Copyright (Related Copyrights), etc.

License prices for copyrights (related rights), etc. are calculated based on the amount commonly known as royalties.
The royalties will be the basic unit price for calculating the license index value at the time of transfer, and will be the basic unit price for calculating the reference value for inheritance tax evaluation at the time of inheritance.

Typical examples of royalties include books, music CDs and DVDs.
Normally, it is often stipulated in license agreements, but the author or lyricist of the percentage of the sales of books, etc. (1⃣ below) or the percentage of sales of music CDs, DVDs, etc. (2⃣ below) ・Royalty price is determined based on the percentage of ownership of the composer/artist.

License prices for copyrights (related copyrights), etc. are based on the price calculated by multiplying the annual average amount for the three-year period preceding the month in which the transfer date or inheritance date belongs by the valuation multiple*.

*Valuation ratio ⇒ Confirm the base annual interest rate and compound interest rate of pension cost according to the future expected income period and use it as the valuation ratio.
In addition, there is a method of confirming with the royalty payer to determine the future expected income period, but it is prudent to consult with an expert who is familiar with copyrights (related copyrights) until a conclusion is reached. judgment is required. In addition, as advance preparation materials, the copyright (related copyrights), etc., may also be required.

Reference: Quoted from the National Tax Agency HP

★Royalty calculation method Unit price excluding product tax ✖Annual sales ✖Royalty rate (percentage of sales)

Case example One-year royalties for million-selling manga author HT

Comic book unit price excluding tax: 700 yen ✖ Annual sales of 1 million copies ✖ Stamp duty rate of 8% = 56 million yen

★ Calculation method of license price for copyright (related rights), etc.
Average royalty income for the past 3 years ✖ 0.5 ✖ Valuation rate * (= Compound interest pension cost rate corresponding to the base annual interest rate according to the future expected income period)
*Confirm the National Tax Agency’s standard annual rate table and welfare table

Case example License price for million-selling manga author KK
・ License transfer to publisher S Co., Ltd. in December 2022 due to the retirement of manga artist KK
・Delegation of license transfer contract business to Certified Administrative Procedures Legal Specialist HT
・The average royalty income for the past 3 years was 45 million yen
・In-depth investigation of related organizations by Certified Administrative Procedures Legal Specialist HT and tax investigation with the cooperation of tax accountant MW

A survey revealed that the expected future income is 25 years.

license price
45 million yen ✖ 0.5 ✖ 22.719 = 511,177,500 yen

The above example is for a transfer, but the calculation is the same for inheritance.

Table 1⃣　Proportion of Rights to the sales amounts of books, etc.

Rights holder to the sales amounts	Rights ratio to the sales amounts
Author royalties	5% to 10% (Author royalty rate)
Publishing company	55% to 60%
Bookstore agent	8%
Bookstore	22%

Table 2⃣ Proportion of Rights to the sales amounts of music CD/DVD　

Rights holder to the sales amounts	Rights ratio to the sales amounts
Artist royalties	1% to 3% (Including Artist royalties and Production margins)
Composer royalties	23.5%
Lyricist royalties	23.5%
Music production company Record production company	44% to 46% (Including Dealer Intermediary Companies and Dealers)
General Incorporated Association Music Copyright Association of Japan（JASRAC）	6%

➁Overview of copyright: moral rights and neighboring rights

　Copyrights in a broad sense can be divided into moral rights and copyrights.

First, moral rights include the moral rights of the author＃1 and the moral rights of the performer＃2.
＃1 Rights to protect the personality and thoughts of the author in principle
[Table 1⃣①to③]
＃2 Rights to in principle protect the personality and thoughts of performers
[Table 3⃣①to②]

　Next, copyrights include author’s copyrights＃1 and related rights＃2.
＃1 Right to protect the income rights of the author in principle
[Table 2⃣① to ➉ below]
＃2 Right to in principle protect the income rights of performers*1
[Table 4 (1) to (7) below]

　In addition, there are copyrights other than the author and the performer as in (1) to (4).

(1) Neighboring rights that in principle protect the earnings rights of record producers2 (Table 5 ⃣ ① to ⑥ below)
(2) Neighboring rights that in principle protect the earnings rights of broadcasters3 and cable broadcasters*4 (6⃣(1)-(4) in the table below)
(3) Moral rights that in principle protect the personality and ideas of program authors (Table 7⃣(1) to (3) below)
(4) Neighboring rights that in principle protect the income rights of program authors (Table 8⃣(1) to (➉) below)

　In addition, according to the Law Concerning Registration, etc. of Program Works (Law No. 65 of 1986) enacted by the revision of the Copyright Law, it is now possible to register program works. This is the newest system in the copyright registration system, so I put it at the end.

*1 Performer ⇒ actor, dancer, singer, performer, conductor, director, musician, etc.
*2 Record producer ⇒ The person who first fixed the sound fixed on the record.
*3 Broadcaster ⇒ A person who conducts broadcasting as a business. NHK, private broadcasting companies, the Open University of Japan, etc.
*4 Cable broadcaster ⇒ A person who conducts cable broadcasting as a business. CATV, cable music broadcasters, etc.

Table 1⃣ List of moral Copyrights of Authors
Not subject to inheritance, bequests, or business succession　

Rights name	Article	Rights Contents
①Right of publication	Article 18, Paragraph 1	The right to decide whether or not to publish an unpublished work created under the author’s own authority.
②Right to display name	Article 19, Paragraph 1	The right to display a name (real name, pseudonym, etc.) when publishing and providing works created by the author himself.
③Right to maintain identity	Article 20, Paragraph 1	The right to refuse to modify or delete the work created by the author or to be changed in any other way without the permission of a third party, and to claim the preservation of the identity of the work.

Table 2⃣ List of Authors’ Copyrights
Subject to inheritance, bequests and business succession

Rights name	Article	Rights Contents
①Right of reproduction	Article 21	The right to reproduce the copyrighted work in another form by means of printing, copying, etc.
②Right to perform Right to play	Article 22	Right to perform copyright work. Right to perform copyrighted work.
③Right of screening	Article 22 of 2	Right to publicly display copyrighted work.
④Right of public transmission Right of public communication	Article 23, Paragraph 1 Paragraph 2	The right to automatically broadcast or wire-broadcast a copyrighted work using a receiving device in response to public access.
⑤Right of dictation	Article 24	The right to publicly communicate the work orally, such as by replaying the work.
⑥Right to exhibit	Article 25	The right to publicly display works such as works of art and actual works of unpublished photographic works.
⑦Right to distribute	Article 26	The right to sell or rent the by-products of cinematographic works.
⑧Right to lend	Article 22 of 2	The right to lend a by-product of a work other than a film.
⑨Right to translate Right to adapt	Article 27	The right to translate, arrange, transform, adapt, etc. the copyrighted work.
➉Right to use derivative works	Article 28	In the use of derivative works based on one’s own work, the same rights that the copyright owner has as a derivative work.

Table 3⃣ List of ｍoral Copyrights of Performers
Not subject to inheritance, bequests, or business succession

Rights name	Article	Rights Contents
①Right to display name	Article 90 of 2	The right to display a name (real name, pseudonym, etc.) when publishing and providing works created by the author himself.
②Right to maintain identity	Article 90 of 3	The right to refuse to modify or delete the work created by the author or to be changed in any other way without the permission of a third party, and to claim the preservation of the identity of the work.

Table 4⃣ Neighboring Copyrights of Performers
Subject to inheritance, bequests and business succession

Table 5⃣ Neighboring Copyrights of Record Producers
Subject to inheritance, bequests and business succession

Rights name	Article	Rights Contents
①Right of reproduction	Article 96	Right to record sound and video of a performer’s performance
②Right to make transmittable	Article 96 of 2	The right to put records in a state where they can be automatically transmitted to the public in response to access from a terminal.
③Right to assign	Article 97 of 2	The right to transfer the sound recording or video to the public. (The transfer right does not apply to recordings or videos that have been legally transferred once and subsequently transferred.)
④Right to lend	Article 97 of 3 Paragraph 1 Paragraph 2	Right to lend commercial records (commercial CDs, etc.) (limited to one year from the date of first sale)
⑤Right to receive secondary royalties for broadcasting	Article 97	The right to receive usage fees (secondary usage fees) from broadcasters and cable broadcasters when commercial records are used for broadcasting or cable broadcasting.
⑥Right to receive compensation for rental records	Article 97 of 3 Paragraph 3 ~ Paragraph 7	If a commercial record older than one year is lent, Right to receive compensation from record dealers (69 years after the right to lend has expired)

Table 6⃣ Neighboring Copyrights of Broadcasting and Cable Broadcasters
Subject to business succession

Rights name	Article	Rights Contents
①Right of reproduction	Article 100 of 2	The right to reproduce broadcast programs and cable broadcast programs by making audio/video recordings and taking photographs.
②Right to broadcast Right to cable broadcasting	Article 100 of 3	The right to receive and rebroadcast broadcast programs and cable broadcast programs, or to broadcast by cable or rebroadcast by cable.
③Right to make transmittable	Article 100 of 4	The right to automatically transmit to the public in response to access from a terminal by means of receiving broadcast programs, cable broadcast programs, or cable broadcast programs or re-cable broadcast programs that are received.
④Right to communicate on cable television broadcasts	Article 100 of 5	The right to transmit to the public through a special device that receives television broadcasts and magnifies the screen (e.g. super-large televisions, display devices on the walls of buildings, etc.)

Table 7⃣ Moral Copyrights of Program Authors　
Not subject to inheritance, bequests, or business succession

Rights name	Article	Rights Contents
①Right of publication	Article 18 Paragraph 1	The right to decide whether or not to publish an unpublished work created under the author’s own authority.
②Right to display name	Article 19 Paragraph 1	The right to display a name (real name, pseudonym, etc.) when publishing and providing works created by the author himself.
③Right to maintain identity	Article 20 Paragraph 1	The right to refuse to modify or delete the work created by the author or to be changed in any other way without the permission of a third party, and to claim the preservation of the identity of the work.

Table 8⃣ Copyrights in the program
Subject to inheritance, bequests and business succession

Rights name	Article	Rights Contents
①Right of reproduction	Article 21	The right to reproduce the copyrighted work in another form by means of printing, copying, etc.
②Right to perform Right to play	Article 22	Right to perform copyright work. Right to perform copyrighted work.
③Right of screening	Article 22 of 2	Right to publicly display copyrighted work.
④Right of public transmission Right of public communication	Article 23, Paragraph 1 Paragraph 2	The right to automatically broadcast or wire-broadcast a copyrighted work using a receiving device in response to public access.
⑤Right of dictation	Article 24	The right to publicly communicate the work orally, such as by replaying the work.
⑥Right to exhibit	Article 25	The right to publicly display works such as works of art and actual works of unpublished photographic works.
⑦Right to distribute	Article 26	The right to sell or rent the by-products of cinematographic works.
⑧Right to lend	Article 22 of 2	The right to lend a by-product of a work other than a film.
⑨Right to translate Right to adapt	Article 27	The right to translate, arrange, transform, adapt, etc. the copyrighted work.
➉Right to use derivative works	Article 28	In the use of derivative works based on one’s own work, the same rights that the copyright owner has as a derivative work.

③Term of Protection for Copyrights
-Principle of 70 years after the death of the Author-

The Comprehensive and Progressive TPP Agreement (an abbreviation for the Comprehensive and Progressive Agreement on the Trans-Pacific Partnership) came into effect in Japan on December 30, 2018, and the protection period in principle was extended from 50 years to 70 years. It’s been a year.
In principle, the copyright protection period in Japan is stipulated by the Copyright Law as from the time the author created the work until 70 years after the author’s death. Neighboring rights expire when the protection period expires, so considerable care is required when transferring or inheriting.
The details of the copyright protection period are shown in Tables 1⃣ and 2⃣ below.

Table 1⃣ Types of Copyrighted Works and Protection period of Copyrights

Type of copyrighted works	Article	Protection period
Copyrighted work under real names (including well-known pseudonyms)	Article 51 Article 52 Paragraph 2	70 years after the death of the author*1⃣
Anonymous/pseudonymous copyrighted work	Article 52 Paragraph 1	70 years after publication (if it is clear that 70 years have passed since death, until the time elapsed) 70 years after death if the real name is registered with the Agency for Cultural Affairs*1⃣
Copyrighted work in the name of corporation, etc./organization	Article 53	70 years after publication (70 years after creation if not published within 70 years after creation) *1⃣
Cinematographic copyrighted work (including video, etc.)	Article 54	70 years after publication (70 years after creation if not published within 70 years after creation) *1⃣
Performance copyrighted work	Article 101 Paragraph 1 No. 1 Paragraph 2 No. 1	70 years since the performance*2⃣
Record copyrighted work	Article 101 Paragraph 1 No. 2 Paragraph 2 No. 2	70 years from the time the sound source was issued (CD release, etc.) *3⃣
Broadcast and cable broadcasting copyrighted work	Article 101 Paragraph 1 No. 3 No. 4 Paragraph 2 No. 3 No. 4	50 years from the date of broadcasting or cable broadcasting*4⃣
Program copyrighted work	Article 51 Article 52 Paragraph 1 Paragraph 2	(1) Individual author Real name (including known pseudonyms) programs are 70 years after his death, the anonymous and pseudonymous program 70 years after publication (70 years after death is clear) If so, until the time has passed) Software Information Center 70 years after death if real name is registered to (2) Authors of corporations (companies, etc.) 70 years after publication (published within 70 years after creation) If not, 70 years after creation) *1⃣

Table 2⃣ Calculation Method for Protection period of Copyrights　

➃Registration of Copyrights (Moral Rights of Authors and Copyrights)
-For Proof of Copyrights to Third Parties-

　Copyrights (moral rights of authors and related rights) arise even without registration procedures.

But what about the cases ① to ⑧ below?
“There are a wide variety of other cases, but we have only taken up typical cases.”

① Due to copyright infringement in which a work is used by another person without permission, the related rights royalties were halved.

② Although a related copyright was transferred under a contract, it was found that there was a double transfer, and another person received the related right royalty.

③ I inherited the related rights from my parents, but someone who claimed to have inherited them while my parents were still alive suddenly appeared and demanded the return of the related rights royalties I had already received and the delivery of the related rights.

④ There are two heirs who share the neighboring copyrights and the copyright to receive royalties with each of the two heirs sharing 1/2 of their own share after the inheritance and inheritance division agreements have been reached.
However, the copyright management organization asked the two heirs to submit proof of eligibility to receive royalties.

⑤ I would like to receive a loan from a bank using the copyright of publication, which is the copyright of reproduction of related copyrights, as collateral, but I do not have the documents to prove the copyright.

⑥ I want to transfer the related copyrights, but I do not have the documents to prove the copyrights.

⑦ I want to make a will to bequeath related copyrights, but I do not have the documents to prove the copyrights.

⑧ A picture that I made in the past and posted anonymously became famous, so I would like to prove that I am the copyright owner and receive royalties for related copyrights, but I do not have a certificate.

In Japan, there are many cases other than the above, but it is difficult to assert and prove one’s own copyright to others, to exercise moral rights, and to obtain fees for using neighboring rights.
　
The biggest reason why copyright registration is necessary is legal notice.
When you register a copyright, the name of the author and the date of publication of the work will be made public, which will serve as proof of the facts, and will allow others to recognize your moral rights as the author.
This is because it is possible to assert and prove neighboring rights and to counter them.

In principle, the registration organization for copyrighted works is the Copyright Division of the Agency for Cultural Affairs, but for program copyrighted works it is the Software Information Center (SOFIC).
　The list of copyright registration systems is as shown in Table 1⃣ below.
　
In addition, 31 copyright management organizations, including the Copyright Division of the Agency for Cultural Affairs and the Software Information Center (SOFIC), which are the registration organizations for copyrighted works, are registered copyright management organizations. We are active in each genre.
The list of copyright management organizations is as shown in Table 2⃣ below.

Table 1⃣ List of Copyrights’ Registration Systems

Registration system	Article	Registered content	Legal effect of registration	Applicant
Real name registration	Article 75	Register an anonymous or pseudonymous published copyrighted work under the author’s real name (real name)	(1) The registrant is presumed to be the author of the copyrighted work (2) Term of protection extended from 70 years after publication to 70 years after author’s death	Person designated by the author’s will
Registration of first issue date, etc.	Article 76	Registration of the date of first publication or publication by the copyright owner or publisher of an anonymous or pseudonymous published copyrighted work.	It is presumed that the copyrighted　work was first published or published on the date of registration.	Copyright owner or publisher of an anonymous or pseudonymous published copyrighted work
Registration of creation date	Article 76 of 2	Registration of the creation date of the program work by the author of the program copyrighted work.	Presumed to have created a program copyrighted work on the date of registration.	Author
Registration of transfer of copyright/related copyright, change of trust or restriction of disposal	Article 77	Registration by registered copyright holders or persons obliged to register when transferring copyrights such as copyrights or setting pledges regarding copyrights, etc.	Registration has the legal effect of protecting copyright, etc. against infringement by a third party regarding the transfer, etc. of copyright, etc.	Joint application by registered right holder and obligor. （Single application by registered right holder is also possible.)
Publication rights or publication right pledge establishment, transfer, change, extinguishment, or restriction registration of disposal	Article 88	Registration by registered copyright holders or persons obliged to register when transferring copyrights such as copyrights or setting pledges regarding copyrights, etc.	Registration has the legal effect of protecting copyright, etc. against infringement by a third party regarding the transfer, etc. of copyright, etc.	Joint application by registered right holder and obligor. （Single application by registered right holder is also possible.)

Table 2⃣ List of Copyrights Management Organizations

Jurisdiction	Organization name	Website
① Music	General Incorporated Association Music Copyright Association of Japan（JASRAC）	一般社団法人日本音楽著作権協会　JASRAC
② Novel Screenplay	Public Interest Incorporated Association Japan Writers Association	日本文藝家協会 | THE JAPAN WRITERS’ ASSOCIATION (bungeika.or.jp)
③ Novel Screenplay	Cooperative Japan Screenwriters Federation	日本脚本家連盟 (writersguild.or.jp)
④ Novel Screenplay	Cooperative Japan Scenario Writers Association	(協同組合日本シナリオ作家協会 (j-writersguild.org)
⑤ Artwork	General Incorporated Association Federation of Japanese Artists Association （JAA)	一般社団法人日本美術家連盟 (jaa-iaa.or.jp)
⑥ Artwork	General Incorporated Association Japanese Society for Protecting Artists’ Rights (JASPAR)	日本美術著作権協会JASPAR – Japanese Society for Protecting Artists’ Rights
⑦ Photograph	General Incorporated Association Japan Photographic Copyright Association（JPCA)	JPCA 一般社団法人日本写真著作権協会
⑧ Graphic Design	Public Interest Incorporated Association Japan Graphic Design Association （JAGDA)	公益社団法人日本グラフィックデザイン協会（JAGDA）
⑨ Publication	General Incorporated Association Japan Book Publishers Association（JBPA)	一般社団法人　日本書籍出版協会 | 一般社団法人 　d日本書籍出版協会 (jbpa.or.jp)
➉ Magazine	General Incorporated Association Japan Magazine Public Association （JMPA)	一般社団法人 日本雑誌協会 (j-magazine.or.jp)
⑪ Performance Stage show	Public Interest Incorporated Association Association of Japanese performing arts performers (Geidankyo) Center for Performers’ Rights Administration　(CPRA)	公益社団法人 日本芸能実演家団体協議会（芸団協） (geidankyo.or.jp) 芸団協CPRA 実演家著作隣接権センター
⑫ Record CDs, etc.	General Incorporated Association Recording Industry Association of Japan（RIAJ)	一般社団法人 日本レコード協会 (riaj.or.jp)
⑬ Broadcast	Japan Broadcasting Corporation（NHK)	NHK | 日本放送協会
⑭ Broadcast	General Incorporated Association Japan Commercial Broadcasters Association （JＢA)	一般社団法人 日本民間放送連盟 (j-ba.or.jp)
⑮ Video	General Incorporated Association Japan Video Software Association （JＶA)	一般社団法人日本映像ソフト協会（JVA） (jva-net.or.jp)
⑯ Movie	General Incorporated Association Motion Picture Producers Association of Japan	一般社団法人日本映画製作者連盟 (eiren.org)
⑰ Video footage for publicity, etc.	Public Interest Incorporated Association Japan Association of Audiovisual Producers, INC	公益社団法人　映像文化製作者連盟 (eibunren.or.jp)
⑱ Reproduction of publications	Public Interest Incorporated Association Japan Reproduction Rights Center （JRRC)	公益社団法人日本複製権センター(JRRC)
⑲ Reproduction of publications	General Incorporated Association Japan Publisher Copyright Organization （JCOPY)	JCOPY 出版者著作権管理機構
⑳ Compensation for private recording and video recording	General Incorporated Association  Society for Administration of Remuneration for Audio Home Recording（sarah)	私的録音録画補償金管理協会 (sarah.or.jp)
㉑ Compensation for public transmission for teaching purposes	General Incorporated Association 授業目的公衆送信補償金等管理協会 (SARTRAS)	SARTRAS 授業目的公衆送信補償金等管理協会
㉒ Computer software	General Incorporated Association Association of Copyright for Computer Software (ACCS)	不正コピー・違法コピー情報受付｜一般社団法人コンピュータソフトウェア著作権協会 (accsjp.or.jp)
㉓ Software	General Incorporated Association Software Information Center (SOFTIC)	SOFTIC on the Web
㉔ Right of portrait	Specified non-profit corporation Japan Publicity Right Protection （JAPRPO)	JAPRPO 肖像パブリシティ権擁護監視機構
㉕ Copyright Authority	Copyright Division, Agency for Cultural Affairs	文化庁 (bunka.go.jp)
㉖ General copyright	Public Interest Incorporated Association Copyright Research and Information Center （CRIC)	公益社団法人著作権情報センター　CRIC
㉗ National Copyright Strategy	Intellectual Property Strategy Headquarters	知的財産戦略本部 (kantei.go.jp)
㉘ Intellectual property research	General Incorporated Association Institute of Intellectual Property	知的財産研究所　｜　（一財）知的財産研究教育財団 (iip.or.jp)
㉙ Textbook	General Incorporated Association Japanese Association for the Copyrights of Textbook Publishers	一般社団法人　教科書著作権協会 (jactex.jp)
㉚ Grants for foreign　copyright work	Tokyo Metropolitan Intellectual Property Center	東京都知的財産総合センター (tokyo-kosha.or.jp)
㉛ International protection of copyright	ALAI JAPAN	https://www.alai.jp/ALAI JAPAN/gaiyo-j.html

Tokyo Duke-Rei Certified Administrative Procedures Legal Office handles the creation and revision of copyright-related contracts, including registration applications with Agency for Cultural Affairs and Software Information Center (SOFTIC).

The reward table can be found here

We work in cooperation with law firms and judicial scrivener firms, so if the results of an inheritance property investigation indicate a high level of conflict or a case related to registration, we will introduce you to a lawyer or judicial scrivener as a one-stop service, so please feel free to contact us.　　　　　

※Our business is aimed at corporate and individual customers residing in Japan, so we cannot respond to inquiries from outside Japan.

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