Explanation of IEICE Provisions on Copyright



1 Glossary

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


Edited 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 not seachable using computers (written on paper). Supplementary Provision 4 shows examples of representative edited works of the IEICE.

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 IEICE.


Table 1: Classification of personal and non-personal use as defined by the IEICE

Personal use (Copyright Law; Article 30)
Use by an individual, within a family, or within a scope equivalent to a family group Authorization application not required
Non-personal use Non-profit purposes(*2) 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 application) (*7) Authorization application not required (source must be clearly indicated)(Source and copyright details must be clearly indicated) (*4, *5, *6)
For profit(*3) 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 "Copyright FAQ".

(*2) Non-profit purposes: fulfills conditions of "free" and "uncompensated."

(*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 legal.

(*6) Copyright should be indicated in a form such as: "Copyright ©2006 IEICE"

(*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 the reproduction.

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.)

(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.)

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
-
Wireless systems Wired systems
Broadcast systems BroadcastsGround wave broadcastBS/CS broadcasts, etc. Cable broadcastsCable music broadcastsCable TV, etc.
Communication systems 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)


2. 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 IEICE


3 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.

(1)
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.
(2)
The licensing fee, scope of rights responsibilities, and term of contract validity must be clearly indicated.
(3)
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.
(4)
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.




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