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In Hong Kong, the real name registration system for prepaid SIM cards has been gradually implemented since September 9.
According to the latest communication statistics released by the Macau Government Statistical Research Bureau on November 11, this year (30) 2021 in Macau ... → Continue reading
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Real name registration
Real name registration(Seriously, it's just a matter of fact.Real name registrationTomo) is JapaneseCopyright lawUnder the system stipulated in Article 75, without giving your real nameCopyrighted materialannouncedAuthorHowever, it is a system that allows you to register your real name.Copyright registration systemOne of.If you publish a work without giving your real name, the copyright protection period will be shorter than if you give your real name, but if you register your real name, you will be protected for the same period as if you give your real name. can.
The author (the person who created the work) may give his / her real name or use a pseudonym such as a pen name when publishing the work.Furthermore, you may choose to publish anonymously without displaying the author's name.In this way, the right to display any name at the time of publicationName display rightCalled.However, when a copyrighted work is published under a pseudonym or anonymously, it is difficult to know who it is, and it is easy for the author's whereabouts to be unknown.
there,Copyright protection periodIn principle, it is 70 years after the author's death, but for works published under a pseudonym or anonymously, it is 70 years after the publication of the work because it is difficult to know the life or death of the author. (Article 52, Paragraph 1).As a result, considering the example of a person publishing a copyrighted work at the age of 20 and dying at the age of 95, if it is published under his real name, it will be protected for 70 years after death, that is, it will be protected for 145 years after publication. On the other hand, if it is published under a pseudonym or anonymously, the copyright protection period will expire at the age of 90 when it is alive.
Therefore, on the one hand, while respecting the author's name display right, on the other hand, a system called real name registration was established to avoid the disadvantage of shortening the protection period.If you register your real name, even if it is published under a different name or anonymously, it is as easy to know the life and death of the author as if it was published under your real name, so it will not be treated more disadvantageously. , Copyright will be protected for 70 years after death.
The real name can be registered by "the author of the work published under an anonymous or pseudonym" and "the person designated by the will" (Article 75, Paragraphs 1 and 2).When registering, it is necessary to submit materials certifying the real name, such as a copy of the family register or an extract or a copy of the resident's card (Article 27 of the Copyright Law Enforcement Ordinance).Registration isAgency for Cultural AffairsIt was done by the Secretary in the copyright registration register, to that effect.Official gazetteWill be notified at.Anyone can request to view the registration register (Copyright Law, Article 78, Paragraphs 1 to 4).
However, as with real estate registration, it is not registered because only a formal written examination is conducted when applying for registration of a real name.
Effect of real name registration
The registration of real names has the following three effects.
If a well-known real name or pseudonym is displayed as the author's name in the usual way, it is presumed to be the author of the work (Article 14), but if it is published anonymously, such presumption is made. Doesn't work.However, since Article 75, Paragraph 3 states that "a person whose real name is registered is presumed to be the author of the work related to the registration." Will also be presumed to be the author.Presumption means to treat it as such until there is evidence to overturn it.
The fact that the author is presumed by registering the real name means that if there is a dispute with B about the work for which A has registered the real name, B will do so. You will bear the burden of proof to overturn the presumption.
Extension of protection period
As already mentioned, the main purpose of registering a real name is to protect the work for 70 years after the author's death, even if it is published under an anonymous or pseudonym, as if it were published under the real name.Therefore, if the real name is registered, the application of Article 52, Paragraph 1 is excluded (Article 52, Paragraph 2, Item 2), and it is protected for 70 years after the author's death (→Copyrighted work whose rights are unknownSee also).
Elimination of copyright exercise by publishers
It is said that the publisher of an anonymous or pseudonymous work can make an injunction or a claim for damages in his own name on behalf of the author or copyright holder of the work (Article 118, 1). The text of the section) can be excluded by registering the real name (provided in the same section).
Request for cancellation registration
If a person who is not the true author is registered as the author, the true author orCopyright holderIn the case (Tokyo High Court decision on August 9, 8, Hanrei Jihosha No. 28, p. 1625), there was a dispute over whether or not the registration could be requested to be canceled.
- "If a real name is registered for a non-author of a work published under an anonymous or pseudonym, the true author is based on his or her personality rights as the author, and the registration of the real name is contrary to the truth. You can request erasure. "
After granting the true author the right to request deletion registration, the copyright holder is also granted the same claim as follows.
- "Once the real name is registered, exercise the right in your own name for the author or copyright holder who is recognized as the publisher of the anonymous or renamed work pursuant to the provisions of Article 118, Paragraph 1 of the Copyright Act. However, the proviso of the same paragraph disallows it, and according to the provisions of Article 75, Paragraph 3 of the Copyright Act, the person whose real name is registered is presumed to be the author. Due to the existence of, in exercising rights such as injunction in the name of the issuer, the question of whether or not it is permitted is a problem, and in exercising rights to real name registrants and third parties in their own name and exercising rights from real name registrants. However, it is legally and practically restricted to exercise the copyright in a harmonious manner, such as the burden of demonstrating that the copyright belongs to oneself or that the copyright does not belong to the real name registrant. Therefore, when a third party other than the true author registers the real name of the copyrighted work with that person as the author, the copyright holder registers the real name with the third party. You can request the cancellation registration procedure of "
- About copyright registration system(The Agency for Cultural Affairs)