Commons:Copyright rules by territory/Japan

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Location of Japan

Summary

Countries, areas, and entities Standard copyright term
(based on authors' deaths) 		Other copyright terms
(based on publication and creation dates) 		Copyright exemptions Notes


Commons-logo.svg Japan copyright overview
(Wikipedia-logo-v2.svg Copyright law of Japan) 		50 p.m.a.: life + 50 years[1] Anonymous or Pseudonymous works:
  • 50 years from first publication (if author never disclosed during copyright term)[2]

Cooperative works:

  • 50 years from first publication (or creation if unpublished)[3]

Films:

  • 70 years from first publication[4]
  • and 38 years after the creator's death if it was published as his work before 1971[5][6][7]

Photographs:

  • 10 years from first publication (or creation if unpublished) before 1957[8]

Note: WWII extension for Axis powers - There is an extension for Axis powers in WWII, which is essentially 11 years added to the copyright protection length.

  • Berne/UCC: yes
  • Until year end: Yes
{{PD-Japan}} {{PD-Japan-exempt}}
{{PD-Japan-organization}}
{{PD-Japan-film}}
{{PD-Japan-oldphoto}}
{{PD-Japan-audio}} 		{{FoP-Japan}} (only reproduction of an architectural work is accepted on Commons)
{{FoP-Japan}}
SemiPD-icon.svg

Japan

Reproduction of the architectural work(s) in this image is permitted under Section 46 of the Copyright Law of Japan, as long as it does not constitute "imitative reproduction of an architectural work and offering it to the public by transfer of ownership of its copies." This permission does not apply to artistic works in general or to buildings that are considered artistic works, unless they are in public domain. See Commons:Freedom of Panorama#Japan for more information.

English | 日本語 | 한국어 | +/−

Japan Overview

If the work was also published in the U.S. within 30 days (or it was first published in the United States), it was also protected under U.S. law but not affected by the URAA restoration. See Commons:PD files and Commons:Hirtle chart.

Individual works
Date of author's death Date of publication Copyright tag
– December 31, 1945 – December 31, 1922 {{PD-Japan}} + {{PD-old-auto-1923}}
{{PD-Japan}}{{PD-old-auto-1923|deathyear=death year}}
– December 31, 1945 January 1, 1923 – December 31, 1957
January 1, 1971 – 		{{PD-Japan}} + {{PD-old-auto-1996}}
{{PD-Japan}}{{PD-old-auto-1996|country=Japan|deathyear=death year}}
– December 31, 1945 January 1, 1958 – December 31, 1970 {{PD-Japan}} + {{Not-PD-US-URAA}}[note 1][note 2][10][11]
{{PD-Japan}}{{Not-PD-US-URAA|country=Japan}}
January 1, 1946 – December 31, 1967 – December 31, 1922 {{PD-Japan}} + {{PD-old-auto-1923}}
{{PD-Japan}}{{PD-old-auto-1923|deathyear=death year}}
January 1, 1946 – December 31, 1967 January 1, 1923 – {{PD-Japan}} + {{Not-PD-US-URAA}}[note 1]
{{PD-Japan}}{{Not-PD-US-URAA|country=Japan}}
Others The work is still protected under Japan law.
Anonymous or Pseudonymous works[note 3]
Date of publication Copyright tag
– December 31, 1922 {{PD-Japan}} + {{PD-anon-1923}}
{{PD-Japan}}{{PD-anon-1923}}
January 1, 1923 – December 31, 1945 {{PD-Japan}} + {{PD-anon-auto-1996}}
{{PD-Japan}}{{PD-anon-auto-1996|country=Japan|publication=year}}
January 1, 1946 – December 31, 1967 {{PD-Japan}} + {{Not-PD-US-URAA}}[note 1]
{{PD-Japan}}{{Not-PD-US-URAA|country=Japan}}
Others The work is still protected under Japan law.
Cooperative works
Date of publication Copyright tag
– December 31, 1922 {{PD-Japan-organization}} + {{PD-1923}}
{{PD-Japan-organization}}{{PD-1923}}
January 1, 1923 – December 31, 1945 {{PD-Japan-organization}} + {{PD-1996}}
{{PD-Japan-organization}}{{PD-1996|country=Japan}}
January 1, 1946 – December 31, 1967 {{PD-Japan-organization}} + {{Not-PD-US-URAA}}[note 1]
{{PD-Japan-organization}}{{Not-PD-US-URAA|country=Japan}}
Others The work is still protected under Japan law.
Old photographs
Date of creation Date of publication Copyright tag
– December 31, 1946 Any date {{PD-Japan-oldphoto}}
{{PD-Japan-oldphoto}}
January 1, 1947 – December 31, 1956 – December 31, 1956[12] {{PD-Japan-oldphoto}}
{{PD-Japan-oldphoto}}
January 1, 1957 – (within 10 years) Judged under 1970 Copyright law. (as an individual work or pseudonymous work)
Not published within 10 years from creation {{PD-Japan-oldphoto}}
{{PD-Japan-oldphoto}}
January 1, 1957 – Any date Judged under 1970 Copyright law. (as an individual work or pseudonymous work)
Exceptions
Works Copyright tag
Part of government works {{PD-Japan-exempt}}
Pre-1953 films directed by a person who died more than 38 years ago[note 4][13] {{PD-Japan-film}} + choose from {{PD-1923}}, {{PD-1996}} (–1945) or {{Not-PD-US-URAA}} (1946–1953)
Other films No one expires copyright yet. (earliest 2025)
FoP (photographs of an architectural work) {{FoP-Japan}} + free license tag for the image
FoP (photographs of the copyrighted artwork or sculpture located in a public space) {{NoFoP-Japan}} (Not accepted on Commons)[14]
  1. ↑ a b c d The work may be protected by copyright under U.S. law. because its copyright in the U.S. was restored by the URAA. However, the current policy on Commons is to accept it. This policy may change in the future, depending on the outcome of community discussions. Also, it may be deleted if Commons receive a valid takedown notice.
  2. ↑ The work was still in copyright in Japan on the date of URAA restoration (January 1, 1996) because copyright of the posthumous work was valid for 38 years from its publication before 1971.
  3. ↑ If the author of the work is unveiled during its copyright term, it is protected as an individual work. e.g. Osamu Tezuka (
    手塚 治
    , died in 1989) and his pen name "
    手塚 治虫
    " are well-known among people, so his works will be protected in Japan until 2039.
  4. ↑ This may not exclude companie's work. e.g. In 2006, Roy Export Company Establishment sued Japanese company who were copying Sunnyside (1919) and other pre-1953 films directed by Charlie Chaplin. Tokyo distinct court judged that Chaplin held their copyright. They have been protected until 2015 (38 years after his death, according to the older copyright law) or 70 years after their publication, plus more additional period by the wartime prolongation.

Further reading

Commons-emblem-notice.svg
Note:
  1. Two public domain tags: Per Commons:Licensing, files on Commons must be in the public domain in both the source country and the United States, if they are not freely licensed. Public domain files always need both a US PD tag and a source-country PD tag (or a combined tag which explicitly covers both).
  2. URAA copyright restoration: Many files which are in the public domain in Japan are affected by the URAA restoration of US copyright. For files published anywhere in the world before , {{PD-1923}} covers the US copyright. For all other cases, the URAA issue needs to be considered in more detail. New files which are affected by the URAA (i.e. have their US copyright restored) should not be uploaded to Commons. Old files are subject to review via Commons:WikiProject Public Domain/URAA review; cases known to be affected should be {{Not-PD-US-URAA}} and if possible moved to a Wikimedia project which permits fair use.
English | 日本語 | 한국어 | +/−

References

  1. ↑ Copyright Act 1970, Art. 51
  2. ↑ Copyright Act 1970, Art. 52
  3. ↑ Copyright Act 1970, Art. 53
  4. ↑ Copyright Act 1970 (revised in 2003), Art. 54
  5. ↑ Copyright Act 1899 (revised in 1931), Art. 22–3
  6. ↑ Copyright Act 1899 (revised in 1969), Art. 3
  7. ↑ Copyright Act 1970, Supplementary Provision Act No. 85 of June 18, 2003
  8. ↑ Copyright Act 1899, Art. 23
  9. ↑ Copyright Act 1970, Art. 46–4
  10. ↑ Copyright Act 1899, Art. 4
  11. ↑ Copyright Act 1899 (revised in 1969), Art. 52–1
  12. ↑ Copyright Act 1899 (revised in 1969), Art. 52–3
  13. ↑ 2006 Wa 15552 : The case of the claim for suspension of copyright violation. Court precedent : Search results (in Japanese) (PDF). Court of Japan. Tokyo District Court Civil Division 29 (2007-08-29). Retrieved on 2016-12-30.
  14. ↑ w:ja:Wikipedia:屋外美術を被写体とする写真の利用方針 (Criteria for using a photograph of the artwork located in a public space) at Japanese Wikipedia

See also

Editing this page

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