The right of a scenario writer in Japan is protected under the Copyright Law,
and has the right to grant the license to use the scenario for the recording,
visual recording, reproduction, distribution, cinematographic presentation broadcasting,
transmission to public, etc.
WGJ accepts entrustment of these rights from 1,500 scenario writers and grants
the license to any secondary uses of their scenarios.
Of course, the moral right of a writer is recognized for the scenario writer.
The scenario writer has the right to decide on disclosure of the work, the right
to claim authorship of the work, and the right to the integrity of the work.
The right of the scenario writer is protected similarly as an classical author
in the cinematographic works,etc.
The infringement such rights may be subject to criminal punishment under the Copyright
Law.
We have established the following organizations with other authors and performers
besides our original activity, and have supported the activity in order to protect
our rights.
<Joint organizations with other right person groups>
Private recording
The revised Copyright Law was enforced from June 1,1993.
The essential parts of the revised Copyright Law were the creation of the right
to the receive the compensation as well as establishing the system for exercising
such right. In substance, they were follows:
[1] Creation of the right to receive the compensation:
To recognize the right of a rightful person to receive the compensation regarding
the private sound recording and visual recording through the use of digital sound
recording and visual recording equipment, and recording media (tapes, etc).
[2] Exercise of the right to receive the compensation:
|
A.
|
Exercise by an organization of the right. |
|
|
The compensation derived from this exercise of the right is to
be received by an organization of rightful persons designated by the Commissioner
of the Agency for Cultural Affairs. |
|
B.
|
Payment of the compensation at the time of purchase. |
|
|
This compensation shall be paid by adding it to the sales price
through the cooperation of the manufacturers, etc. of the equipment and recording
media. |
[3] Amount and distribution of the compensation:
The amount of the compensation shall be subject to the validation by the Commissioner
of the Agency for Cultural Affairs. An amount equivalent to the amount not more
than 20% of the compensation, which is determined by the Cabinet Order, shall
be used in the project for common benefits of the rightful persons such as the
project regarding the protection of the copyright.
The Society for the Administration of Remuneration for Audio Home Recording (SARAH)
and the Administration of Remuneration for Visual Home Recording (SARVH) have
been established and SARAH and SARVH have carried out their functions.
Reprography
On September 30,1991, the Japan Reprographic Rights Center ("Center")
was established by organizations of writers, publishers, etc. and the rights regarding
the reprography have been administered solely by one orgainzation.The Center concluded
agreements with enterpreneurs, etc. and collects and distributes royalties.
The license agreement entered into by and between. The Center and the utilizer
is as follows:
[1] Individual license agreement:
A method in which the utilizer proposes the Center whennever the utilizer wishes
to copy a certain part of published materials, and the Center in each case grants
the right to make copies to such a utilizer.
[2] General license agreement:
|
A.
|
Actual amount method: |
|
|
A method of recording by the utilizer of all copies made from
the published materials and reporting it to the Center afterward. |
|
B.
|
Method of investigating fixed amount: |
|
|
A method of making an investigation of an actual conditions of
making copies for a certain period of time as sample, and based thereon, presuming
the volume of copies to be made annually. |
|
C.
|
Summary method: |
|
|
A method of determining a lamp sun annual charge by taking into
consideration the conditions of utilizer instead of making the investigation.
Furthermore, the Center determined the change of \2.-per page as the basic charge. |
Piratical videos in overseas
In order to take measures against the piratical videos of the broadcasting programs,
the "Council for Protection of Copyright on Broadcasting Programs" was
established on June 1,1992 by the organizations of rightful persons, broadcasting
companies, etc. The nature of activities of the Council are as follows:
[1] Investigation and research concerning acts infringing the copyright of the
broadcasting programs in overseas.
[2] Propagation of the copyright idea among Japanese nationals residing in overseas.
[3] Warning and propagation of idea of the copyright to persons engaging in the
infringement of copyright, etc.
[4] Investigation and research for furnishing the broadcasting programs for Japanese
nationals residing in overseas.
The objectives of the Council were not to exercise the right to prohibit the video
rental,but to meet the needs of Japanese nationals residing in overseas by contemplating
the propagation of the audiovisual works under the proper license as well as finding
ways to contribute toward the protection of the rightful persons. |
|
|
 |
