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Kobayashi & Yugeta Law Office > PRACTICE AREAS > Intellectual Property and IT Technology > Copyright Law

Copyright Law - provision of advice based on legal risk plus actual reputational risk

Copyright law protects creative expression, including novels, music, paintings, and films. Moreover, copyright arises simply from the creation of a work and does not require registration with the Japan Patent Office.

Therefore, any document, material that exists on the Internet, small illustration, etc. can be copyrighted. Rights can arise in all sorts of situations and for all sorts of things, including the copying and pasting of documents and electronic copying. It is now easier for businesses to conduct business and be exposed to copyright infringement due to the ease with which files and documents can now be converted, copied, and transferred, etc.

Litigation between large companies is widely reported, and it is understood that differences of opinion are likely to arise but, the act of copyright infringement is primarily an act of imitation. There is no way to stop a right holder from filing a lawsuit, and as a general rule, all intellectual property litigation is published.

Due to the public nature of the Internet, any copyright infringement will be exposed semi-permanently if a case is lost. In order to limit these risks, you should be prepared to seek professional help if you feel that you are in any danger and a system should be in place to allow for consultation and communication.

In addition, whether it is legal or illegal under copyright law, receiving a warning letter may be a problem in itself. For example, if you are an advertising agency, there is a need to create ads that reflect the trends of the times. However, you must avoid a situation where your client receives a warning letter.

In such case, no matter how much research you do into technical books and case laws, it is difficult to determine the likelihood of receiving a warning letter. You should rely on professional experience.

We are well versed in copyright law and have had numerous consultations regarding art, music, maps, photographs, programs, etc., from our clients. We provide not only consultations on whether violations of copyright law have occurred, but also offer advice on the possible likelihood that you may receive a warning.