For scanning and distribution of the chineese book printed in japan.
I confirm to have been lost of the copyright of old book that I holding.
In the Copyright Act of Japan, in order for a protected period to change by a copyright holder’s date of death, if it says strictly, it is necessary to check a date of death.
However, since the peace old book which I possess is the newest and it is 1880 years (Meiji 13), there is a possibility (protected period 30 years) of going into the range of the old Copyright Act of the Meiji term establishment.
It thought sensibly and has completed the protected period.
Then, I scanned my old books.Legal basis is according to Article 52 and Article 53 and Article 51 of the Copyright Law of Japan.I quote below.
In addition, English translation of the Copyright Act is quoted from the “Nihon-Horei foreign language translation database system” of the Ministry of Justice.
Article 51(In general))
The duration of a copyright shall begin at the time of the creation of the work.
(2) Unless otherwise provided in this Section, the copyright shall continue to subsist until the end of the fifty year period following the death of the author (or in the case of a work of joint authorship, following the death of the last surviving co-author; the same shall apply in paragraph (1) of the next Article).
Article 52(Term of protection for anonymous or pseudonymous works)
The copyright in an anonymous or pseudonymous work shall continue to subsist until the end of the fifty year period following the making public of the work; provided, however, that if the fifty year period following the death of the work’s author is found to have ended before the expiration of said fifty year period following the making public of the work, then the copyright in such work shall be deemed to expire at the time found to be the end of the fifty year period following the death of said work’s author.
(2) The provisions of the preceding paragraph shall not apply in any of the following cases:
- (i) where the pseudonym adopted by the author with respect to a pseudonymous work is widely known as that of the author;
- (ii) where, within the period set forth in the preceding paragraph, the author causes his true name to be registered pursuant to the provisions of Article 75, paragraph (1);
- (iii) where, within the period set forth in the preceding paragraph, the author makes public his work on which he indicates his true name or a widely known pseudonym of his, as the name of the author.
Article 53(Term of protection for works under the name of a corporate body)
(1) The copyright in a work bearing the name of a juridical person or other corporate body as that of its author [including a work which does not bear any name as the name of its author but which, if made public, would bear the name of a juridical person or other corporate body as the name of its author] shall continue to subsist until the end of the fifty year period following the making public of the work, or if the work is not made public within the fifty year period following its creation, then until the end of the fifty year period following said work’s creation.
(2) The provisions set forth in the preceding paragraph shall not apply where, within the period set forth in the preceding paragraph, an individual who is the author of a work bearing the name of a juridical person or other corporate body as the name of its author, makes public the work on which he indicates his true name or a widely known pseudonym of his, as the name of the author.
(3) With respect to the duration of a copyright in a work the authorship of which is attributed to a juridical person or other corporate body pursuant to the provisions of Article 15, paragraph (2), the provisions of paragraph (1) shall apply even to a work which does not qualify as a work dealt with in paragraph (1), as if such work bore the name of such corporate body as that of its author.
A simple explanation
It describes briefly just in case.
Japanese copyright law is protected until 50 years after the death of the copyright holder basically. If the work of the organization, it is 50 years after publication.
However, the year in which the copyright died is unknown is hard to confirm. Therefore, Article 52 of the item exists.I have judged according on this Article 52.
I am investigating the “chyosakukendaichyou”.In addition, I have conducted a survey with the cooperation of the people of citizenship classical chamber Osaka Prefectural Nakanoshima Library.
I buy select the old book was published in more than 100 years ago.So for safety,I have been buying the old books that was published in more than 100 years ago.
Do not duplicate without permission for the materials and libraries are collections. Please do not use without permission, such as publishing. Becomes a breach of the rules of the museum holdings, respectively.