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Term of Protection for Copyrights
– Principle of 70 years after the death of the author -
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/Bequest (for individual)
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①Right of publication | Article 18, Paragraph 1 | The right to decide whether or not to publish an unpublished work created under the author’s own authority.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
Subjects of Inheritance/Bequest (for individual)
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/Bequest (for individual)
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
Subjects of Inheritance/Bequest (for individual)
Rights name | Article | Rights Contents |
①Right to record sound Right to record video | Article 91 | Right to record sound and video of a performer’s performance |
②Right to broadcast Right to cable broadcasting | Article 92 | The right to broadcast a performer’s performance and the right to wire broadcast a performer’s performance. |
③Right to make transmittable | Article 92 of 2 | The right to make a performer’s performance automatically available for transmission to the public upon access from a terminal. |
④Right to assign | Article 95 of 2 | The right to transfer to the public a sound recording or a video performance of a performer. (The right of transfer does not extend to sound recordings or videos of a performer that has been legally transferred once and subsequently transferred.) |
⑤Right to lend | Article 95 of 3 | Right to lend commercial records (commercial CDs, etc.) (limited to one year from the date of first sale) |
⑥Right to receive secondary royalties for broadcasting | Article 95 Paragraph1 Paragraph2 | The right to receive usage fees (secondary usage fees) from broadcasters and cable broadcasters when commercial records are used for broadcasting or cable broadcasting. |
⑦Right to receive compensation for rental records | Article 95 Paragraph 3 | 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) |
5 ⃣ Neighboring Copyrights of Record Producers
Not subject to Inheritance/Bequests (for corporations)
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) |
6⃣ Neighboring Copyrights of Broadcasting and Cable Broadcasters
Not subject to Inheritance/Bequests (for corporation)
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.) |
7⃣ Moral Copyrights of Program Authors
Not subject to Inheritance/Bequests (for individual and corporation)
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. |
8 ⃣ Copyrights in the program
Subject of Inheritance/Bequests (for individual)
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. |
② Overview of Copyright and Inheritance
– Subject/Not Subject to Inheritance -
1 ⃣ Moral rights of authors 3 ⃣ Moral rights of performers 7 ⃣ Moral rights of program authors
Although it is not subject to inheritance or bequest, even if the author, performer, or program author sells neighboring rights under an assignment contract while he or she is alive, If there is no provision for non-exercise of author’s moral rights, the transferee will be restricted by the exercise of moral rights by the author, performer, and program author.
In addition, when the author, performer, or program author dies, each moral right is extinguished as an exclusive right (Article 896 of the Civil Code) and non-transferable (Article 59 of the Copyright Law). Even after the death of authors, performers, and program authors, acts that violate their personal rights are prohibited (Copyright Law Articles 60, 101-3, and 116). In addition, when a corporation owns the copyright to a work or program produced in the course of business, the author’s moral rights will be extinguished by the dissolution or bankruptcy of the corporation. Acts that infringe copyright are prohibited (Copyright Law Article 60, Article 101-3, Article 116).
Therefore, in the license transfer contract, it is very important to create a license contract (various contracts including the transfer contract) based on the provisions for non-exercise of personal rights.
2⃣Related rights of author ・ 4⃣Related rights of performer ・ 5⃣Related rights of record producer ・6⃣ Related rights of broadcasters and cable broadcasters ・8⃣ Related rights of program authors.
Assets subject to inheritance/bequest
⇒ 2⃣ Neighboring rights of the author.
4⃣ Performer’s related rights
8⃣ Program author’s related rights (individual)
Property not subject to inheritance/bequest
⇒ 5⃣ Neighboring rights of record producers (corporation)
6⃣ Broadcasters and cable broadcasters related rights (corporation)
8⃣ Program author’s related rights (corporation)
Inheritance and testamentary gift (individuals) some things are not (corporations), but authors, performers, and program authors (individuals) must make a will before they die and pass it on to their heirs. It can be bequeathed to a common-law spouse or a third party other than the heir. In addition, if the author did not prepare a will, the inheritance will be legal succession, and if there is no heir, each related right will be extinguished.
However, as described in “(2) Protection period of related rights” below, only within the statutory protection period, authors, performers, and program authors (individuals) may It is also possible to create a will that inherits or bequeaths the right to claim and the right to receive the rights of the author. You can inherit.
Therefore, it is very important to create a will to prevent inheritance troubles. In addition, if there is no will and the inheritance has started, it is very important to evaluate the property of neighboring rights and prepare an inheritance division agreement.
③ Term 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
In order to simplify the period calculation, the period of protection after death, after publication, and after creation is calculated as described in *① to *④ below.
*①
In principle, up to 70 years after January 1st of the year following the year in which the date of death/publication/creation belongs (Article 57 of the Copyright Law).
*②
Starting from the time of the performance, in principle, until 70 years after January 1 of the year following the year in which the performance was performed (Article 101, Paragraph 1 No.1, Paragraph 2 No.1 of the Copyright Law).
*③
In principle, until 70 years after counting from the year following the year in which the date of issuance belongs. As an exception, if the sound has not been issued within 70 years from January 1 of the year following the year in which the sound was fixed (recorded), starting from the time when the sound was first fixed (recorded), the sound will not be issued. Up to 70 years after January 1st of the year following the year in which the first fixed (recorded) date belongs (Article 101 Paragraph 1 No.2, Paragraph 2 No. 2 of the Copyright Law).
*④
As a general rule, from the time of broadcasting or cable broadcasting to 50 years after January 1 of the year following the date of broadcasting or cable broadcasting (Article 101 Paragraph 1 No.3 and No.4, Paragraph 2 No.3 and No.4 of the Copyright Law).
④ Registration of Copyrights (Moral Rights of Authors and Copyrights)
-For Proof of Copyrights to Third Parties-
Ministry of Education, Culture, Sports, Science and Technology building where the Copyright Division of the Agency for Cultural Affairs is located.
Quoted from(anzairen.com)
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 |
⑤ Price 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% |
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).
Compensation regulations
1⃣ When receiving a request, we ask that you pay the full amount as a deposit for remuneration of 100,000 yen (excluding tax) or less. Please note that we may ask you to pay the actual cost in advance.
2⃣ When receiving a request, for remuneration over 100,000 yen (excluding tax), we ask that 50% of the remuneration amount be paid as a deposit at the time of request. In addition, we ask that you pay the remaining 50% and the actual cost settlement amount when the work is completed. Please note that we may ask you to pay the actual cost in advance.
3⃣ Please note that we will not refund the start fee if the work is completed in the middle due to the client’s convenience.
Estimated reward
1⃣ Consultation by face-to-face: @ 5,000 yen per hour (excluding tax)
2⃣ Application for registration with the Agency for Cultural Affairs
(1) Application for copyright registration: Basic fee per case @ ¥50,000 (excluding tax), registration and license tax not included
Registration details ⇒ Author’s real name, publication rights, creation date, pledge on copyright, etc.
(2) Application for a ruling system where the copyright owner is unknown
: Basic compensation 1 project @ ¥ 90,000 (excluding tax), registration license tax and compensation separately.
Application for CRIC advertising (optional)
: Basic reward 1 project @ ¥ 10,000 (excluding tax), advertising fee 8,100 ~
・What is the arbitration system?
⇒A system in which a person who wishes to use a work whose copyright holder is unknown can use the work by depositing compensation to the Agency for Cultural Affairs under the ruling of the Commissioner of the Agency for Cultural Affairs.
You can check the approximate calculation of compensation at the following URL.
(Arbitration compensation amount simulation system (bunka.go.jp) when the copyright holder is unknown
・What is CRIC advertising (if you want to advertise)?
⇒If you want to use a copyrighted work, etc., but the copyright holder is unknown, etc., contact the copyright holder.
Posting on an advertisement page operated by CRIC (Public Interest Incorporated Association Copyright Information Center) for “searching for copyright holders” for those who cannot.
*Agency for Cultural Affairs’ registration and license tax, as shown in the table below
3⃣ Application for registration with General Incorporated Association
Software Information Center (SOFTIC)
① Application for program copyright registration
: Basic remuneration 1 project @ ¥ 50,000 (excluding tax), registration and license tax not included*
Registration details ⇒ Author’s real name, publication rights, creation date, pledge on copyright, etc.
② Application for program copyright transfer registration
: Basic remuneration 1 project @ ¥ 60,000 (excluding tax), registration and license tax not included *,
In the case of program copyright transfer and contract creation, the following 4⃣ costs will be charged separately.
③ Program copyright transfer registration application (general succession such as corporate merger / division, inheritance)
: Basic remuneration 1 project @ ¥ 60,000 (excluding tax), registration license tax not included *
④ Application for issuance of program registration certificate
: Basic remuneration 1 project @ ¥ 10,000 (excluding tax), registration and license tax not included*
*Softic’s registration and license tax reference website Cost (softic.or.jp)
4⃣ Copyright Transfer Agreement
: Basic remuneration 1 project @ ¥ 50,000 (excluding tax) ~
5⃣ Copyright License Agreement
: Basic remuneration 1 project @ ¥ 50,000 (excluding tax) ~
6⃣ Correction of copyright-related agreements, etc.
: Basic remuneration ¥ 20,000 (excluding tax) ~
Note 1) Simple consultation for the same project after starting is free (within 30 minutes once). However, we will strictly refuse consultations that ask for answers regarding the contents of the contract itself, etc., which will be created after the start of the process.
Note 2) If a local business trip is required to create a copyright transfer contract (if an on-site survey/meeting of contract details is required), daily allowance @ 1 hour ¥5,000 (excluding tax) and actual expenses such as transportation expenses may be added.
Note 3) Regarding the creation of copyright transfer agreements, etc., the basic fee will be up to 6 pages of A4 size, and ¥ 20,000 (excluding tax) will be added for each page created after 7 pages.
Note 4) For amendments to copyright transfer agreements, etc., ¥6,000 (excluding tax) will be added for each amendment@1 clause (1 clause of each article).
Note 5) When notarizing a copyright transfer contract, etc., actual expenses such as a notary public fee will be charged separately.
Table: Agency for Cultural Affairs registration and license tax
Registration, Patent, License, Permit, Authorization, Designation or Certification of Competence. | Tax base amount | Tax rate |
---|---|---|
10 Copyright Registration (Including Copyright Trust Registration) | ||
(1) Registration of transfer of copyright | Number of copyrights | 18,000 yen per case |
(2) Creation of a pledge for the purpose of copyright or registration of restriction of disposition of copyright or of such pledge | Receivable amount | 4 in 1,000 |
(3) Registration of transfer of pledge for copyright purposes | Number of copyrights | 3,000 yen per case |
(4) Real-name registration of anonymous or pseudonymous copyrighted works | Number of copyrights | 9,000 yen per case |
(5) Trust registration | Number of copyrights | 3,000 yen per case |
(6) Registration of first publication date, first publication date, or creation date | Number of copyrights or number of copyrighted works | 3,000 yen per case or per piece |
(7) Registration of restoration of deleted registration or registration of correction or change of registration | Number of copyrights or number of copyrighted works | 1,000 yen per case or per piece |
(8) Cancellation of registration | Number of copyrights or number of copyrighted works | 1,000 yen per case or per piece |
11 Registration of Publishing Rights (Including Trust Registration of Publishing Rights) | ||
(1) Registration of publishing rights settings | Number of publication rights | 30,000 yen per case |
(2) Registration of transfer of publishing rights | Number of publication rights | 18,000 yen per case |
(3) Establishment of a pledge for the purpose of the right of publication or registration of the right of publication or restriction of disposition of such pledge | Receivable amount | 4 in 1,000 |
(4) Registration of transfer of pledge for publication rights | Number of publication rights | 3,000 yen per case |
(5) Trust registration | Number of publication rights | 3,000 yen per case |
(6) Registration of restoration of deleted registration or registration of correction or change of registration | Number of publication rights | 1,000 yen per case |
(7) Cancellation of registration | Number of publication rights | 1,000 yen per case |
12 Registration of Related Copyrights (Including Trust Registration of Related Rights) | ||
(1) Registration of transfer of related copyrights | Number of related copyrights | 9,000 yen per case |
(2) Creation of a pledge for the purpose of a related right or registration of a restriction on disposal of a related right or the relevant pledge | Receivable amount | 4 in 1,000 |
(3) Registration of transfer of pledge for related copyrights | Number of related copyrights | 3,000 yen per case |
(4) Trust registration | Number of related copyrights | 3,000 yen per case |
(5) Registration of restoration of deleted registration or registration of correction or change of registration | Number of related copyrights | 1,000 yen per case |
(6) Cancellation of registration | Number of related copyrights | 1,000 yen per case |
Appended table 1 Table of taxable scope, tax base and tax rate
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