[Copyrighted works] Osaka District Court, Case No. 2023 (Wa) 9267

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Article information

Article type: Case note

Display and classification checked: 2026-09-30

Categories: Copyright

Topics: Moral rights / Works made for hire / Copyright assignments

Published on this website: 2026-09-29

[Copyrighted works] Osaka District Court, Case No. 2023 (Wa) 9267

"Yamashiron" (Presiding Judge Matsukawa)

*Regarding the requirement of "specific reference" under Article 61(2) of the Copyright Act, the court held that a comprehensive statement or agreement is insufficient and that an express agreement specifically identifying the rights under Articles 27 and 28 of the Copyright Act as rights to be transferred is necessary.

1. The plaintiff is a (joint) author

The plaintiff carried out planning, concept development, and specific instructions for revisions, and a creative contribution is recognized.

2. Authorship of a work made in the course of duties denied

The plaintiff and defendant are separate legal entities, and no relationship of direction and supervision is recognized.

3. The right of adaptation and related rights remain reserved to the plaintiff

There was an agreement to transfer copyright, but the contract contained no specific reference to the rights under Articles 27 and 28, and there were no circumstances rebutting the presumption.

4. Moral rights are partly restricted

The right to integrity may be exercised, but the right to make the work public and the right of attribution may not be exercised because the plaintiff had itself proposed attribution in the defendant's name (implied agreement).

https://lnkd.in/gd7vWbJG

https://lnkd.in/gKYwvRCG

hanrei-pdf-95461.pdf — courts.go.jp

Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7509874334723817472/

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Updates and corrections

This log starts on 30 September 2026. Display and classification checks are distinct from a review of the legal analysis.

2026-09-30 — Presentation update: added the article type, this change log and a link to consultation options. The existing article text was preserved.

2026-10-01 | Name notation: replaced verified Japanese-script personal names with Roman-letter forms in this English article and its navigation. Legal analysis and original publication date unchanged.

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