Copyright FAQ
Copyright FAQ
This is a list of frequently-asked questions(FAQ) relating to the use of authored works in IEICE publications, including the application procedure. To find out more about the IEICE's application standards, you should also see the document "Explanation of IEICE Provisions on Copyright".

INDEX

1. Terminology

2. Use of copyrighted words

2.1 Author's use of his or her own papers (in printed media etc.)

2.2 Author's use of his or her own papers (in electronic media)

2.3 Use of papers appearing in IEICE publications by third parties

2.4 Use of papers appearing in other publications

3. Miscellaneous questions and answers



1.Terminology
1:
What exactly is meant by the "copyright transferred to the institute"?
 

1:
This includes all the rights defined by articles 21 through 28 of the Copyright law (referred to as "the law" below). Specifically,
* Reproduction rights (Article 21)
* Presentation & performance rights (Article 22)
* Screening rights (Article 22-2)
* Public transmission rights (Article 23)
* Dictation rights (Article 24)
* Exhibition rights (Article 25)
* Distribution rights (Article 26)
* Assignment rights (Articles 26-2)
* Rental rights (Aticle 26-3)
* Translation rights, adaptation rights (Article 27)
* Rights of the original author to the use of secondary works (Article 28)

2: What if an author doesn't want to transfer his or her moral rights to the IEICE?
 
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).

3:

How are "reproduction" and "quotation" defined?
 
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):
(i) Purpose of quotation: Although news reporting, criticism and research are given as examples, that does not mean that quotations are limited to these purposes. For example, one might use a suitable quotation to introduce a similar opinion in order to supplement one's own statements.
(ii) Clear delineation: The quoted passage must be clearly delineated from one's own text by such means as presenting it inside quotation marks.
(iii) Subordinate relationship: The quoted passage must be subordinate to the work in which it is quoted.
(iv) Necessity, minimum limit: When quoting the work of another author, there must be a necessity for doing so, and the portion of work quoted must be the minimum needed to achieve this purpose.
(v) Consideration of moral rights: When quoting another author's work, the moral rights of this author must not be infringed on.

In cases where the legitimate range of a quotation is exceeded, the copyright holder's permission must be obtained.

4: What's the difference between personal purposes and non-personal purposes?
 
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).

Non-personal purposes: All other forms of use besides those mentioned above (Copyright Law Article 30) require the permission of the copyright holder. 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".


2. Use of copyrighted words
2.1 Author's use of his or her own papers (in printed media etc.)

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?
 
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)

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?
 
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).

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?
 
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.)

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?
 
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)

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?
 
9: As a rule, reproduction of articles that have yet to be published is not permitted.

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?
 
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 Management Committee.

11: Is an author able to publish a translated version of his or her own paper that has appeared in an IEICE publication?
 
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 Management Committee.

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?
 
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.

13: Is it possible to present the contents of a paper submitted to the IEICE at an IEICE conference?
 
13:

Using exactly the same contents of a paper before it has been published is not permitted. Please restrict any contents to a brief outline.


2.2 Author's use of his or her own papers (in electronic media)
14: When an author's paper has appeared in an IEICE publication, is the author able to post the paper on his or her website?
 
14: The version (publisher's version) published in the IEICE publication is possible without permission, under certain conditions. For the conditions, please refer to "Standards for requesting the use of copyrighted articles etc. published in the IEICE publications".
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",e.g., a blog or the server of a university department, preprint server”.

15: With regard to the IEICE publications, does an author need the IEICE's permission to post the data of his or her final manuscript (author's final version) of a paper on his or her website?
 
15: To avoid confusion resulting from differences between the author's final version and publisher's version, posting of the author's final version is not allowed. Only the publisher's version can be posted. 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 IEICE publications".

16: Are authors able to publish their own papers that have appeared in IEICE publications on company intranets or university intranets ?
 
16:

The version (publisher's version) published in the IEICE publication is possible without permission, under certain conditions. For the conditions, please refer to "Standards for requesting the use of copyrighted articles etc. published in the IEICE publications".

17: Dose an author need the IEICE's permission to write his or her university thesis based on the IEICE publications? How should I quote it? Is it possible for the university to use the thesis freely available in the university's repository?
 
17:

It is possible without permission, under the conditions “Indication of source and copyright”.

<using the whole paper> Please refer to the IEICE publications, and indicate the source and copyright in a footnote.
Example of annotation in a footnote:
This paper is based on “Title” [1], by the same authors, which appeared in the Proceedings of ****, Copyright(c) 2017 IEICE.
The material in this paper was presented in part at the Proceedings of **** [1], and all the figures of this paper are reused form [1] under the permission of the IEICE.

<using the figures>Please refer to the IEICE publications, and indicate the copyright in a captions of the figures .
Example of annotation:
Fig.1 title(Copyright(c) 2017 IEICE, [1] Fig.1)

2.3 Use of papers appearing in IEICE publications by third parties
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?
 
18: The version (publisher's version) published in the IEICE publication is possible without permission, under certain conditions. For the conditions, please refer to "Standards for requesting the use of copyrighted articles etc. published in the IEICE publications".

19: Is a third party able to use a paper electrically that have appeared in IEICE publications? €
 
19: It would first be necessary to submit an application form for permission to use copyrighted work.
However, the IEICE Journal and conference proceedings are published on DVDs and CD-ROMs for corporate use. When an organization has purchased such a DVD or CD-ROM and has remitted the enclosed "consent form" to the IEICE offices, 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).

Note: "File sharing over a network (LAN)" is assumed to be on a scale where the material is accessible by no more than 100 people on the internal network (LAN) of a single research center or business premises.

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?
 
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).

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?
 
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 Management Committee. (IEICE Provisions on Copyright article 5, paragraph 3)
Note that all uses of material by companies for purposes such as in-house training are treated as non-private purposes under copyright law, and are thus regarded as being for-profit.

22: 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?
 
 
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 Management Committee. (IEICE Provisions on Copyright Article 5, paragraph 3).

23: Is the IEICE's permission required in order to use a paper from an IEICE publication in a university entrance examination?
 
23: 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)

24: Would it be possible to use a paper from an IEICE publication in a collection of university entrance examination problems that we are publishing?
 
24:

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 Management Committee.

25: 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?
 
25: 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 Management Committee.

26: Would it be possible to include the IEICE's Chareter of Ethics as a sample question for an engineering examination?
 
26: 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.


2.4 Use of papers appearing in other publications
27: How do I go about quoting the partial text or figures of an article from another publication in a document I am writing?
 
27: 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.

28: 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?
 
28: 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.

29: 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?
 
29: 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.
(Example of annotation: "Source: A.N. Other, The Details of Copyright Law (5th Ed.), IEICE, p. 255, Fig. 2")

30: (Re Q29) In that case, what should I do?
 
30: 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.


3. Miscellaneous questions and answers
31: Is there someone at the IEICE offices that I can contact regarding copyright issues?
 
31: Contact the Copyright Management Office (permission@ieice.org)

32: When a request is made for a copy of the article published in the IEICE publications from the Patent office or the Grants-in-Aid for Scientific Research, do I need to submit an application form?
 
32: In the above cases, it is not applicable to personal use, but as a policy of the IEICE, an application form is unnecessary in order to improve the convenience of all authors.

33: Is there any sort of standard regarding applications to use copyrighted articles in IEICE publications?
 
33: Standards relating to the IEICE publications can be found in the IEICE document "Standards for requesting the use of copyrighted articles etc. published in the IEICE publications". 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.
34: (i) Can the author publish the paper that the author wrote at the time of the former affiliation on the Home Page of the organization to which the author had moved? (ii) Should this paper be deleted from the Home Page of the original affiliation organization?
 
34: (i) It is possible to publish the paper at the server of the organization of the transfer destination. (ii) Deletion of the paper is not required.

 

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