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Copyright Policy

Last updated: August 1, 2021

Purpose of the Policy

This Policy sets forth the Copyright Policy for Works (as defined below) which are submitted to Fuji Technology Press Ltd., 1-15-7, Uchikanda, Chiyoda-ku, Tokyo 101-0047, Japan (hereinafter called the “Publisher”).

Definitions

Unless the context otherwise requires, the terms defined below shall have the following meanings:

  • Work(s)
    shall mean copyrightable works, as defined by the Copyright Act of Japan or the applicable law of any other country or region, which are submitted to the Publisher, and which fall within any of the following:
    – Any papers, theses or articles to be submitted in respect of the Publisher’s publications; or
    – Any reports to be submitted to the Publisher.
  • Author(s)
    shall mean the creator(s) of the Works.

  • Copyrights
    shall mean any copyrights to be protected in accordance with the Copyright Act of Japan or the applicable law of any other country or region (including, but not limited to, all rights stipulated in Articles 21 through 28 of the Copyright Act of Japan. See ”Supplementary Provisions”).
  • Moral Rights
    shall mean any moral rights to be protected in accordance with the Copyright Act of Japan or the applicable law of any other country or region (including, but not limited to, the right to make a work public, the right to indicate an author’s name and the right to maintain the integrity of a work as stipulated in Articles 18 through 20 of the Copyright Act of Japan. See ”Supplementary Provisions”).

Assignment of Copyright

The Copyrights in the Works (including the final manuscript) shall be owned by the Publisher.

The Copyright in any Work shall be assigned to the Publisher immediately upon acceptance of the Work for publication by the Publisher in any form to the extent permitted under the applicable law.

Non-Exercise of Moral Rights

The Author shall not exercise or use the Moral Rights against the Publisher or any licensee of the Publisher.

The preceding paragraph shall apply in the event that the Publisher or any licensee creates any derivative works of the assigned Work.

License to Publish Creative Commons License

The Work(s) will be published under a Creative Commons License: CC BY-ND 4.0 (Attribution-NoDerivatives 4.0 International). This license allows users including the Authors to copy and distribute the material in any medium or format in unadapted form only, as long as appropriate credit is given. The license allows for commercial use.

Some funding bodies require articles funded by them to be published under Creative Commons license CC BY.
The publication under the more liberal Creative Commons License CC BY 4.0 can be accommodated upon request from the Author.

Responsibilities of the Author

The Author shall warrant that nothing in any Work is obscene, defamatory, or libelous, and that such Work does not violate any right of privacy, infringe upon any intellectual property rights (including, without limitation, copyright, patent, technical evaluation, design, trademark or domain name-related right) or any other third party rights, and does not violate any law.

In the event that a third party legal claim arises with respect to an assigned Work, then the Author shall indemnify, defend, and hold harmless the Publisher for all loss, damage, or liability arising from the claim.

The Author shall warrant that the Work is an original work created by the Author, that it has not been published in any form, and that it is not being considered for publication by any third party.

The Author shall warrant that he/she is under no obligation to assign or license the Copyrights (including the right of publication) to any third party.

The Author shall clearly indicate the source of any third party quotations in the Work.

Copyright Infringement and Dispute Resolution

In the event of any infringement (or a suspected infringement) of the Copyrights in the Works, the Author shall consult with the Publisher concerning measures to be taken in response and shall cooperate with the Publisher to resolve the same.

Governing law and Jurisdiction

This Policy shall be governed by and construed in accordance with the laws of Japan. The parties concerned shall submit to the non-exclusive jurisdiction of the Tokyo District Court of Japan.

 

Supplementary Provisions:

The term “Copyright” includes without limitation the following rights:

  • Right of reproduction (Article 21 of the Copyright Act of Japan);
  • Right of p “reproduction” means the reproduction in a tangible form by means of printing, photography, photocopy, sound or visual recording or other methods;erformance (Article 22);
    the right to perform a work publicly (“publicly” means for the purpose of making a work seen or heard directly by the public);
    “performance” includes stage performances and musical performances, and “stage performance” means the performance of a work, excluding, however, musical performances (“musical performances” include singing);
  • Right of screen presentation (Article 22-2);
    the right to make the work publicly available by screen presentation;
    “screen presentation” means the projection of a work (other than a publicly transmitted work) on a screen or other object, and includes the replaying, in accompaniment with such projection, of sounds which have been fixed in a cinematographic work;
  • Right of public transmission, etc. (Article 23);
    (a) the right to effect a public transmission of a work (including, in the case of automatic public transmission, making a work transmittable), and (b) the right to communicate publicly any work of the which has been publicly transmitted, by means of a receiving apparatus receiving such public transmission;
    “public transmission” means the transmission, by wireless communications or wire-based telecommunications, intended for direct reception by the public;
    excluding, however, transmissions (other than transmissions of a computer program work) by telecommunication facilities, one part of which is located on the same premises where all remaining parts are located or, if the premises are occupied by two or more persons, all parts of which are located within the area (within such premises) occupied by the same person(s);
  • Right of recitation (Article 24);
    “recitation” means oral communication by means of reading aloud or any other method, but excluding any oral communication falling within the term “performance”;
  • Right of exhibition (Article 25);
    the right to exhibit the original of the work (an artistic work or of an unpublished photographic work) publicly;
  • Right of distribution (Article 26);
    (a) the right to distribute a cinematographic work by distributing reproductions of such work, (b) the right to distribute a work (a work reproduced in a cinematographic work) by distributing reproductions of the same;
    “distribution” means the transfer or rental of reproductions of a work to the public, whether for free or for a fee, and in the case of cinematographic works or works reproduced therein, and “distribution” includes the transfer of ownership or rental of, reproductions of a cinematographic work for the purpose of making such cinematographic work itself or the works reproduced therein available to the public;
  • Right to transfer or assign ownership (Article 26-2);
    the right to offer a work (that is not a cinematographic work) to the public by assigning or transferring ownership of the original or reproductions of such work (excluding, however, reproductions of a cinematographic work where the author’s work has been reproduced in said cinematographic work);
  • Right of rental (Article 26-3);
    the right to offer a work (that is not a cinematographic work) to the public through the rental of reproductions of the work (excluding, however, reproductions of a cinematographic work where the author’s work has been reproduced in said cinematographic work);
  • Rights of translation, adaptation, etc. (Article 27); the right to translate, arrange musically or transform, or dramatize, cinematize, or otherwise adapt a work; and
  • Right of the original author in the exploitation of a derivative work (Article 28); in connection with the exploitation of a derivative work, the author of an original work owns the same rights as are possessed by the author of a derivative work thereof, as stipulated in Articles 21 through 27.
  • The term “Moral Rights” includes without limitation the following rights:

  • Right of making the work public (Article 18); the right to offer to and to make available to the public his/her work which has not yet been made public;
  • Right of determining the indication of the author’s name (Article 19); the right to determine whether his/her true name or pseudonym should be indicated or not, as the name of the author, on the original of his/her work or when his work is offered to or made available to the public;
  • Right of preserving the integrity (Article 20); the right to preserve the integrity of his/her work and its title against any distortion, mutilation or other modification against his/her will.

 

For the details of Copyright Law of Japan, please refer to Copyright Research and Information Center, Japan

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Last updated on Nov. 30, 2021