Transfer of copyrights: By transferring
copyrights to the IEICE, the author can respond to applications for authorization
of copyright usage, and when copyrights are attributed to the IEICE, it becomes
easier for IEICE members to use information from one another's published papers.
The following applications are also possible.
|English translation of Japanese papers for presentation overseas
|Issuing of selected papers (special issues, etc.) in specific fields
|Broader usage formats through digitization of copyrighted works
Refers to a work demonstrating creativity in terms of arrangement and
selection of individual papers and articles, for example in a magazine or encyclopedia that is not seachable using computers (written on paper).
Supplementary Provision 4 shows examples of representative edited works of the
Database work: Refers to a work demonstrating creativity in terms of arrangement and selection of individual papers and articles, for example in a magazine or encyclopedia that is searchable using computers. (Article 2,Paragraph 1,Number 3 of Item 10,Article 12,Item 2).
Supplementary Provision 4 shows examples of representative database works of the IEICE.
Individual work: Refers,
for example, to a single article in a magazine. Specific examples are the individual
papers in a Journal.
Certificate of copyright transfer
and application for copyright usage authorization: At present,
because these documents require signatures, only paper media is acceptable.
In the case of Article 3, Paragraph 2: In the case of applications for
which copyrights cannot be transferred to the IEICE due to extraordinary circumstances,
at the present time, because signatures are required, only paper media is acceptable.
Personal and non-personal use:
Personal use: (1) Use by an individual; (2) Use within a family; (3) Use
within a scope equivalent to a family group (relatives, close friends, etc.)
Non-personal use: Usage outside of those described above (Copyright
Law; Article 30) requires authorization from the copyright holder.
In the IEICE, authors are as a rule permitted to use their own work for non-profit
purposes without the IEICE's permission, provided said purposes do not unfairly
infringe on the IEICE's interests.
Table 1 shows the classification of personal and non-personal use defined by the
Table 1: Classification of personal and non-personal use as defined by the IEICE
Personal use (Copyright Law;
|Use by an individual, within a family, or within a scope equivalent
to a family group
||Authorization application not required
||Copying one's own paper (part) in another society's
journal, etc.Use or distribution of one's own paper (all or part) as educational
materials for a school (Note: large-volume usage or distribution requires authorization
||Authorization application not required (source
must be clearly indicated)(Source and copyright details must be clearly indicated)
(*4, *5, *6)
||Publication / translation, copying, distribution,
or disclosure as a commercial enterprise
||Authorization application required (source must
be clearly indicated)(*5, *6)
(*1) Material issued in electronic form (DVD,
CD-ROM, Internet, etc.) is dealt with differently depending on the type of publication.
For details, refer to Table 3 ("Standards for requesting the use of copyrighted articles etc. published in the IEICE Publications) , "2. Standard for requesting the use of authored works", and
(*2) Non-profit purposes: fulfills conditions of "free"
(*3) For profit: Uses other than those described in (*2)
above. As a rule, the IEICE regards all forms of use connected with business activities
as being for profit.
(*4) For the convenience of authors using their own work for non-profit
purposes, the IEICE does not require requests to be submitted as long as the use
of such work does not infringe unfairly on the IEICE's interests.
(*5) Indication of source: For example, includes the author's name,
name of the work (title), name of publication (publisher's name), volume, issue,
page, and date of publication. (Copyright Law; Article 48)
Even if the source is referenced in a bibliography, if the specific location of
the quote in the original text cannot be identified, the quote is not considered
(*6) Copyright should be indicated in a form such as: "Copyright
(*7) Large-volume: Defined as being in excess of 50 people according
to the "Introduction to Copyright Law" compiled by the Japanese Agency
for Cultural Affairs.
Reproduction: "Reproduction" means the reproduction in a tangible
form by means of printing, photography, polygraphy, sound or visual recording
or otherwise" (Copyright Law, Article 2, Paragraph 1-15). This includes works
recognized as being within the scope of uniformity with the copyrighted work,
even if some degree of modification, addition, or deletion has taken place during
Refer to comments below regarding reprinting or quotations accompanying reproduction.
Reprinting: Copyright holder's authorization is required.
Quotation: "It shall be permissible to make quotations from a work
already made public, provided that their making is compatible with fair practice
and their extent does not exceed that justified by purposes such as news reporting,
criticism or research" (Copyright Law; Article 32).
If the necessary conditions have been satisfied, the copyright holder's authorization
is not required.
Necessary conditions for Quotation ((1) - (4) are absolute conditions;
(5) is a necessary condition.)
|Purpose of quotation: news reporting, criticism, and research have been listed
as examples, but this is not an exclusive list. For example, introducing a similar
opinion to reinforce one's own statement would be considered a justifiable quotation.
|Clear segmentation: It must be possible to clearly differentiate between the
quotation and the quoting writer's own words, for example by using parentheses
around the quoted segment.
|Principal / accessory relationship: The quoting writer's own copyrighted work
shall be the principal work, and the quoted copyrighted work of another person
shall be considered an accessory work.
|Necessity and minimum extent: Necessity for quoting from another person's
copyrighted work in one's own is required, and the quoted volume must be kept
to the minimum extent necessary.
|Consideration for personal rights: When quoting from another person's copyrighted
work, the quoting party shall not infringe on the personal rights of the author
(e.g., alteration of the content in such a way as to damage the author's reputation).
Cautions regarding quotations:
When one wishes to use a figure or table printed in another publication (including
third-party publications of the copyrighted work in question) in one's own paper
(with modifications), that material may be used without authorization by the copyright
holder if such usage is within the scope of a quotation, and if the source is
clearly indicated in a footnote to the figure or table. When such usage exceeds
the scope of a quotation, the author is requested to obtain the authorization
of the copyright holder for that figure or table.
Public transmission: Refers to wireless or wired transmissions for the
purpose of direct reception by the public. (E.g., transmissions to unspecified
or large numbers of recipients via broadcast, FAX, Internet, or intranet. Ref.
Table 2: Types of Public Transmission
Public transmission*Includes "rights
of making transmittable"*In the case of programs only, includes transmissions
within the same premises
||BroadcastsGround wave broadcastBS/CS broadcasts, etc.
||Cable broadcastsCable music broadcastsCable TV, etc.
||Music used in mobile phonesGame programsDistribution of book data, etc.
||InternetPC communicationsDatabases, etc.
(Source: Sakka, Fumio: "Shoukai - Chosakuken-hou [Copyright Law - a detailed
explanation]" (2nd Edition); Gyosei Corp.; Table 2 on P. 255)
Standard for requesting the use of authored works
Table 3 shows the standards for requesting
the use of copyrighted articles etc. published in the IEICE Publications in cases where they will be used by the author himself (or herself), by the organization to which the author belongs, or by a third party other than the author or the organization to which the author belongs. In Table 3, it is presumed
that (i) the articles will be used after the date of publication, (ii) that they
will not be used for profit, and (iii) that their use will not unfairly infringe
on the IEICE's interests. Requests must be submitted in all cases where articles
will be used for profit or by a third party other than the author or the organization to which the author belongs, or for profit. Decisions on whether or not to permit for-profit use will
be made by the copyright administration committee. As a rule, no use of articles
will be permitted prior to publication.
Requests for use are also unnecessary when articles are used within the scope
defined by the Copyright Law (Article 30 (copying for personal use), Article 32
(quotations), Article 35 (copying at educational establishments), etc.).
The electronic use of Technical Reports (type 1 workshop) is still under
consideration. As before, authors are requested to refrain from posting their
own papers (in their entirety) on their own web pages. Bibliographic details and
abstracts may be posted, but permission must be obtained first.
However, in cases where the IEICE Journal and conference proceedings are purchased
on DVD or CD-ROM for corporate use and the enclosed "consent form" is
remitted to the IEICE Headquarter Office, it is permitted to use the articles
on local PCs within the organization and to browse them by means of file sharing
over a network (LAN).
For specific examples, refer to the Copyright FAQ.
If you have any difficulties reaching a decision for a particular case, please
first submit an application form for permission to use copyrighted work to the
Cautions regarding contracts related to secondary usage (translations, etc.)
As a rule, the following policies will apply to contracts for secondary usage
(translation, etc.) of copyrighted works for which the IEICE owns the copyright.
|Rights will be granted non-exclusively.
||Even in the case of papers that have been translated and published by a translation/publishing
company, the IEICE shall retain the right to translate or publish said paper freely.
|| In the event that a paper has not been selected for translation/publication
by the translation/publishing company within a specified period of time, as a
rule the translation/publishing company in question shall lose the right to translation/publication.
|The licensing fee, scope of rights responsibilities, and term of contract
validity must be clearly indicated.
|In the case of contracts with overseas parties, in the future, it will be
preferable to create English versions and Japanese versions of the contract, and
have both parties affix signatures or seals to both versions.
|Regarding contracts related to the electronic usage (DVD, CD-ROM, Internet,
etc.) of the IEICE's copyrighted works, efforts shall be made to clarify those
usage methods, scope of contracts, and related issues.