[Copyrighted works] Osaka District Court, Case No. 2023 (Wa) 9267
更新日：4 時間前
Article information
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 rights of publication and attribution may not be exercised because the plaintiff had itself proposed attribution in the defendant's name (implied agreement).
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