[Copyright] IP High Court, 2005 (Ne) 10070 [Vibration Controller Program Case]
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Article information
Article type: Case note
Category: Copyright
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First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-05-24 (Japan time). Full English translation.
[Copyright] IP High Court, 2005 (Ne) 10070 [Vibration Controller Program Case]
*Despite Copyright Act Article 61(2), assignment of the adaptation right was recognized even though it was not specifically listed in the program-copyright assignment agreement!!
The arrangement presupposed that Y would take the lead in future improvements to the program, while X was positioned only as “contributing.”
Cf. The Memorial Tree case (Tokyo District Court, December 19, 2003), Political Economy Paper case (Tokyo District Court, January 18, 2007), and Space Battleship Yamato case (Tokyo District Court, December 27, 2006) all differed from this case: under the presumption in Copyright Act Article 61(2), the adaptation right and other relevant rights were held to have been retained by the assignor.
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