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| 1.Terminology | |||||||||||
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| 1: |
What exactly is meant by the "copyright transferred to the institute"? | ||||||||||
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| 1: |
This includes all the rights defined by articles 21 through 28 of the Copyright
law (referred to as "the law" below). Specifically, |
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| 2: | What if an author doesn't want to transfer his or her moral rights to the IEICE? | ||||||||||
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| 2: | An author's moral rights are regarded as "exclusive personal
rights" that cannot be transferred to anyone else, so in submitting a copyright
transferal form to the IEICE, an author is not transferring any of his or her
personal rights to the IEICE. Note that these rights lapse when an author dies.
(Article 59). An author's moral rights include publication rights (Article 18), name indication rights (Article 19), and rights to preservation of integrity (Article 20). |
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3: |
How are "reproduction" and "quotation" defined? | ||||||||||
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| 3: | Reproduction: "Reproduction means reproduction in
a tangible form by means of printing, photography, duplication, recording or other
methods." (Article 2 (1) (xv)) Even when an article is reproduced after making slight modifications or edits, it is still considered as being identical to the original authored work. Quotation: "It is permissible to make quotations from a published work, in which case the quotations must correspond to fair practice and be made within a suitable extent for purposes such as news reporting, criticism or research." (Article 32) If the necessary conditions are met, then the copyright holder's permission is not required. Necessary conditions for quotations (Items (i) through (iv) are absolute conditions, item (v) is a required condition):
In cases where the legitimate range of a quotation is exceeded, the copyright holder's permission must be obtained. |
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| 4: | What's the difference between personal purposes and non-personal purposes? | ||||||||||
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| 4: |
Personal purposes: Personal purposes are defined as (i) personal use,
(ii) use within the home, and (iii) use within a range commensurate with home
use (where a "commensurate range" is defined as "a group similar
to a household gathering usually numbering about 4-5 people who have a close and
exclusive relationship similar to a household gathering" (No. 5 subcommittee
report (S56) of the copyright enquiry commission)). For example, this could apply
to a specific small number of close friends, or to a small research group (source:
Japanese
Agency for Cultural Affairs website). The distinction between personal and non- personal purposes at the IEICE is
shown in Table 1 of the document "Explanation
of IEICE Provisions on Copyright". |
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| 2. Use of copyrighted words | |||||||||||
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2.1 Author's use of his or her own papers (in printed media etc.) |
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| 5: | When an author uses his or her own paper that has appeared in an IEICE publication, can this paper be reproduced in other books or magazines? | ||||||||||
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| 5: | When a paper is to be reproduced in its entirety in other publications
such as magazines, an application form for permission to use copyrighted work
must first be presented to the IEICE. (IEICE Provisions
on Copyright, article 5 paragraph 3) |
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| 6: | Is it possible for an author to make and distribute copies of his or her own papers that have appeared in an IEICE publication if they are to be used as teaching materials in a university course? | ||||||||||
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| 6: |
Since this would correspond to "Reproduction, etc. in schools and other
educational institutions" as covered by Article 35 of the Copyright Law,
articles can be reproduced without permission for educational purposes, except
in cases where doing so would unfairly infringe on the IEICE's interests (in cases
where copies are made for a "large number" of people (at the IEICE,
this corresponds to "50 or more people" in line with the "Introduction
to Copyright Law" compiled by the Agency for Cultural Affairs)). In this
case, it would first be necessary to submit an application form for permission
to use copyrighted work to the IEICE. (IEICE Provisions
on Copyright, article 5 paragraph 3). |
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| 7: | Is it possible for an author to reproduce and distribute his or her own papers that have appeared in IEICE publications for use in corporate in-house training? | ||||||||||
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| 7: |
Although this is an educational purpose, the use of copyrighted articles for
corporate in-house training counts as for-profit use and thus requires the prior
submission to the IEICE of an application form for permission to use copyrighted
work to the IEICE. (When material is used by a company for employee training or other purposes,
this corresponds to a non-private purpose under copyright law and is thus regarded
as being for profit.) |
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| 8: | Is it possible for an author to reproduce one of his or her own articles that has appeared in an IEICE publication and distribute it as the text of a course where students are charged? | ||||||||||
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| 8: |
This is regarded as a for-profit use, so an application form for permission
to use copyrighted work must first be submitted to the IEICE. A response will
be issued after the request has been considered by the IEICE's copyright administration
committee. (IEICE Provisions on Copyright, article
5) |
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| 9: | If an author's paper has been selected to appear in an IEICE publication but has yet to be published, can the author reproduce and distribute this paper in the text of a lecture outside the author's company? | ||||||||||
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| 9: | As a rule, reproduction of articles that have yet to be published
is not permitted. |
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| 10: | If an author's paper has been designated to appear in an IEICE publication but has yet to be published, can the author reproduce the paper for use as material submitted to a committee such as a government authority for a limited number of people? | ||||||||||
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| 10: |
It would first be necessary to submit an application form for permission to
use copyrighted work to the IEICE. A response will be issued after the request
has been considered by the IEICE's copyright administration committee. |
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| 11: | Is an author able to publish a translated version of his or her own paper that has appeared in an IEICE publication? | ||||||||||
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| 11: | It would first be necessary to submit an application form for
permission to use copyrighted work to the IEICE. A response will be issued after
the request has been considered by the IEICE's copyright administration committee. |
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| 12: | Would it be possible to obtain the IEICE's permission to use the figures from a paper submitted to the IEICE in a paper submitted to another academic institute? | ||||||||||
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| 12: | In cases involving anything more than legitimate quoting, it
would first be necessary to seek the IEICE's permission by means of an application
form for permission to use copyrighted work to the IEICE(published separately), since the
copyright to articles is transferred to the IEICE at the time of submission. |
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| 13: | Is it possible to reveal the contents of a paper submitted to the IEICE at an IEICE conference? | ||||||||||
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| 13: |
Using exactly the same contents of a paper before it has been published is
not permitted. Please restrict any announcements to a brief outline. |
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| 2.2 Author's use of his or her own papers (in electronic media) | |||||||||||
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| 14: | When an author's paper has appeared in an IEICE
publication, is the author able to publish the paper in his or her website? |
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| 14: | The extent of permission for such activities depends on the type
of IEICE publication in question as detailed below. Note that a personal website is defined as being hosted on "a server where the author is allowed to upload and delete files without the consent of others". This does not include the servers of university laboratories and business laboratories.
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| 15: | With regard to the Japanese and English IEICE publications (Except the IEICE Technical Report), does an author need the IEICE's permission to publish the data of his or her final manuscript (author's final version) of a paper on his or her website? | ||||||||||
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| 15: |
To avoid confusion resulting from differences between the author's final version and publisher's version, publication of the author's final version is not allowed. Only the publisher's version can be published. The conditions under which permission is granted can be found in the document "Standards for requesting the use of copyrighted articles etc. published in the Japanese and English IEICE publications (Except the IEICE Technical Report)". |
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| 16: | One of the conditions under which an author
is permitted to publish on his or her website a paper that has appeared in a journal
is that it is accompanied by a link to the home page of IEICE Transactions Online.
Is this link necessary even when publishing an old paper that does not appear
in IEICE Transactions Online? |
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| 16: | The purpose of these links is to raise awareness of IEICE Transactions
Online, so a link would still be necessary. |
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| 17: | Are authors able to publish their own papers that have appeared in IEICE publications on company intranets or university intranets? | ||||||||||
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| 17: |
The scope of permission depends on the type of IEICE publication involved.
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| 2.3 Use of papers appearing in IEICE publications by third parties | |||||||||||
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| 18: | Would it be possible for a university to make papers written by researchers at the university that have appeared in IEICE Transactions freely available in the university's repository? | ||||||||||
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| 18: |
The scope of permission depends on the type of IEICE publication involved.
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| 19: | Is it possible for a third party (other than the author or the organization to which the author belongs) to use papers that have appeared in an IEICE publications in electronic form (DVD, CD-ROM, Internet, etc.) H | ||||||||||
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| 19: |
It would first be necessary to submit an application form for permission to
use copyrighted work to the IEICE. |
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| 20: | Is it possible for a third party (other than the author or the organization to which the author belongs) to make and distribute copies of papers that have appeared in an IEICE publication if they are to be used as teaching materials in a university course? | ||||||||||
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| 20: |
Since this would correspond to "Reproduction, etc. in schools and other
educational institutions" as covered by Article 35 of the Copyright Law,
articles can be reproduced without permission for educational purposes, except
in cases where doing so would unfairly infringe on the copyright holder's interests
(in cases where copies are made for a "large number" of people (at the
IEICE, this corresponds to "50 or more people" in line with the "Introduction
to Copyright Law" compiled by the Agency for Cultural Affairs)). In this
case, it would first be necessary to submit an application form for permission
to use copyrighted work to the IEICE. (IEICE Provisions
on Copyright article 5, paragraph 3). |
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| 21: | Would it be possible for a third party (other than the author or the organization to which the author belongs) to reproduce
and distribute the text of a paper that has appeared in an IEICE publication in
unaltered form for in-house company training purposes, or to create a set of questions
based on an article carried in an IEICE publication? |
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| 21: |
Since these are non-private purposes, they are regarded as being for-profit
and it would first be necessary to submit an application form for permission to
use copyrighted work to the IEICE. A response will be issued after the request
has been considered by the IEICE's copyright administration committee. (IEICE
Provisions on Copyright article 5, paragraph 3) |
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| 22: | Would it be possible for a third party (other than the author or the organization to which the author belongs) to publish
a paper from an IEICE publication together with other articles in a special feature? |
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| 22: |
It would first be necessary to submit an application form for permission to
use copyrighted work to the IEICE. A response will be issued after the request has been considered
by the IEICE's copyright administration committee. (IEICE
Provisions on Copyright Article 5, paragraph 3). |
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| 23: | Is it possible for a third party (other than the author or the organization to which the author belongs) to publish a translated version of a paper that has appeared in an IEICE publication? | ||||||||||
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| 23: |
It would first be necessary to submit an application form for permission to
use copyrighted work to the IEICE. A response will be issued after the request has been considered
by the IEICE's copyright administration committee. (IEICE
Provisions on Copyright Article 5, paragraph 3). |
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| 24: | Is the IEICE's permission required in order
to use a paper from an IEICE publication in a university entrance examination? |
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| 24: | No, permission is not needed to use IEICE papers in entrance examinations,
and it is not necessary to indicate their source. However, this does not apply
in cases where doing so would unfairly infringe on the interests of the copyright
holder. (Copyright Law, Article 36) |
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| 25: | Would it be possible to use a paper from an IEICE publication in a collection of university entrance examination problems that we are publishing? | ||||||||||
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| 25: |
Since this corresponds to for-profit use, it would first be necessary to submit
an application form for permission to use
copyrighted work to the IEICE. A response will be issued after the request
has been considered by the IEICE's copyright administration committee. |
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| 26: | How should a third party go about reproducing a paper from an IEICE publication in order to distribute it as a sample question in an entrance exam guidance meeting? | ||||||||||
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| 26: | It would first be necessary to submit an application form for
permission to use copyrighted work to the IEICE. A response will be issued after
the request has been considered by the IEICE's copyright administration committee. |
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| 27: | Would it be possible to include the IEICE's code of ethics as a sample question for an engineering examination? | ||||||||||
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| 27: | The IEICE Charter of Ethics is an authored work produced by the
IEICE, but you are free to use it without permission because we are happy for
it to be introduced to a wide range of people. |
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| 2.4 Use of papers appearing in other publications | |||||||||||
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| 28: | How do I go about quoting the partial text or figures of an article from another publication in a document I am writing? | ||||||||||
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| 28: |
It is permissible to include quotations as long as they are within a legitimate
range according to Copyright Law. In general, when quoting a document, there are
various requirements that must be met, such as only quoting the smallest necessary
range, indicating which parts have been quoted, and clearly indicating the source
of the quotation (e.g., including the author's name, document title, journal name,
volume, issue, page number and publication date). If you are likely to quote more
than a suitable quotation range (see A3), you will need to ask
for the copyright holder's permission. |
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| 29: | How do I go about using the figures from another author's paper in another society's journal in a paper I am submitting to the IEICE? | ||||||||||
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| 29: |
If you are using more than a suitable quotation range (see A3),
you will have to obtain the permission of this paper's copyright holder before
using it in a paper submitted to the IEICE. |
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| 30: | If I want to make alterations to the images in other publications (including those of other authors) and use them in my own paper, do I need the copyright holder's permission? | ||||||||||
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| 30: |
If you keep within a suitable range of quotation (see A3),
then all you need to do is mention the source of the images in a footnote. If
you are using more than a suitable quotation range, then you should first get
permission from the copyright holder. |
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| 31: | (Re Q30) In that case, what should I do? | ||||||||||
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| 31: | The procedures regarding permission to use copyrighted works vary
depending on the publisher or academic institution that holds the copyright, so
you should contact the copyright holder. |
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| 3. Miscellaneous questions and answers | |||||||||||
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| 32: | I need to ask the IEICE for permission to use a large number of items. Do I have to submit a separate application form for permission to use copyrighted work for each case? | ||||||||||
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| 32: |
You can use a single form to apply for multiple items - just list the items
on a separate sheet of paper. Please provide a copy of the text you are quoting
in each case. |
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| 33: | Is there someone at the IEICE offices that I can contact regarding copyright issues? | ||||||||||
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| 33: |
Contact the Membership Activities Section, Service Department (service@ieice.org) |
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| 34: | Where can I obtain an application form for permission to use copyrighted work? Can I see an example of how the form should be filled in? | ||||||||||
| 34: |
Please refer to the following URL: |
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| 35: | Is there any sort of standard regarding applications to use copyrighted articles in IEICE publications? | ||||||||||
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| 35: |
Standards relating to the Japanese and English IEICE publications (Except the IEICE Technical Report) can be found in the IEICE document "Standards for requesting the use of copyrighted articles etc. published in the Japanese and English IEICE publications (Except the IEICE Technical Report)". Refer to this document to find out if an application is necessary, the conditions under which permission is granted, the time frames in which use of copyrighted articles is permitted, and so on. |
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