Japan Society of Kansei Engineering Copyright Regulations
Enacted on July 30, 2011
These regulations define the treatment of copyright for works published by the Japan Society of Kansei Engineering. The copyright in works published by the Society shall generally be transferred to the Society. However, consideration shall be made wherever possible so that these Regulations do not create inefficiencies, preventing further expansion of the author’s research.
(Purpose of these Regulations)
Article 1. These Regulations are intended to make arrangements concerning the treatment of copyright relating to works published by the Society.
2. “Works” in the preceding paragraph refers to works that were requested by or posted to the Society and the Society decided to publish, and it includes papers, notes, research reports, abstracts, proceeding manuscripts, and other literary works, as well as works defined by the Copyright Act.
3. “Publishing” in the preceding paragraph refers to the publishing of printed materials, conversion to a file using a certain format, fixing of the file on recordable media, uploading onto the Society’s website or a website or the like requested or approved by the Society, any similar release of a work to the public, or any other assertion of copyright in the work accompanied by the execution of the business of the Society.
(Attribution of copyright)
Article 2. All copyright in Japan or any other country in a work published by the Society (including all rights stipulated in Articles 21 to 28 of the Copyright Act of Japan;* the same applies below) shall, in general, belong to the Society from the time when it first receives the work.
2. If the general principle in the preceding paragraph cannot be applied due to special circumstances, the author shall give written notice when the Society first receives the work. Measures for the treatment of copyright, in this case, shall be taken following discussions between the author and the Society.
3. If the Society decides to not publish a work that it receives, it shall return the copyright in the work to the author.
If a work is posted and requires review, the copyright therein shall be deemed to be attributed to the Society when it is posted, and if the Society decides not to publish the work (decides not to accept it), copyright in the work shall be deemed to have been automatically returned to the author.
(Special provision for non-exercise)
Article 3. The author shall not exercise the author’s moral rights against the Society and any person licensed by the Society for the following:
(1) translations and accompanying modifications;
(2) modifications accompanying electronic distribution;
(3) use only by extracting an abstract; or
(4) any other modifications to which it is not appropriate to apply the right to preserve integrity under laws or regulations.
(Licensing to third parties)
Article 4. If a third party requests a license for the copyright, the Society shall debate the matter at a meeting of the Society’s board of directors and may grant the request if the board finds it appropriate. Moreover, management of the licensed right may be delegated to an external institution with the approval of the board of directors.
2. If the third party pays consideration to the Society due to the measures in the preceding paragraph, it shall be included in the Society’s budget and used effectively for Society activities.
(Rights of the author)
Article 5. The Society shall not raise any objection to or prevent any use of a work that it holds the copyright in, by the author of the work themselves, if the use is in accordance with these Regulations.
2. If the author reproduces a work or makes modifications to less than 25% of it, the author shall clearly state on the reproduced or modified work that the copyright in the work belongs to the Society and the source thereof. Furthermore, if the author makes modifications or similar changes to less than 25% of it, the author must deliver the original work and the new work to the Society without delay.
3. If the author makes modifications to 25% or more of a work, it shall be inferred to be a new work, and the Society shall generally not assert copyright over the new work. However, it is desirable that the author deliver the original work and the new work to the Society without delay.
4. The author of a work that the Society has decided to publish or has already published may not have the work published by any other society. Those works—research reports, symposium abstracts, national conference abstracts, international conference abstracts, and proceedings manuscripts (“Research Reports, Etc.”)—shall be deemed interim products of research, and the Society may not raise any objection against the author or another society, etc. on the grounds that the Society owns the copyright, if the author publishes the Research Reports, etc., with the Society or another society, etc. to constitute the final research product (“Expansive Use of a Published Work”).
5. If the author requests the return of copyright from the Society as part of the author’s Expansive Use of a Published Work, the Society shall return the copyright in the Research Reports, etc. to the author if it finds that the request by the author is made on reasonable grounds. However, the author shall license the copyright in the Research Reports, etc. to the Society so that the Society can continue to perform matters necessary for the operations of the Society (publication, licensing of reproduction to third parties) in relation to the Research Reports, etc.
The author shall notify any society, etc. publishing the work about the license in advance, and if a dispute arises with the publishing society, etc. due to the licensing to the Society, the Society shall cooperate with the author to seek a resolution.
6. The author may publish works published by the Society that they have created themselves on the author’s personal website (including websites of organizations that the author belongs to, such as institution repositories; the same applies below) at any time, regardless of when they were published by the Society. However, the author must clearly state upon publication that the Society holds the copyright, as well as the usage cautions (**).
Article 6. If separate arrangements have been made for the copyright in works published in events hosted jointly with another society, etc. and the board of directors has approved them, the arrangements shall prevail over these Regulations, notwithstanding the preceding articles.
(Copyright infringement and dispute settlement)
Article 7. If a third party infringes (or is suspected of infringing) the copyright in a work that the Society holds the copyright in, the Society and the author shall hold discussions regarding a response and seek a resolution.
2. If a work published by the Society gives rise to a question of infringement of a third party’s copyright or other rights and interests, the author of the work shall be entirely liable.
Article 8. Works are provided “as-is,” and the Society makes no representations or warranties, either explicitly or implicitly, regarding their accuracy, completeness, merchantability, suitability for a particular purpose, or any other matter, whether or not the works have been reviewed by the Society. Furthermore, the Society shall not bear any liability whatsoever for any damage arising due to the use of works (including damage relating to infringement of intellectual property rights), whether the damage is ordinarily arising or arising due to special circumstances.
2. When enforcing these Regulations in relation to a joint work, the author demanding enforcement shall be deemed to represent the coauthors, and the Society shall not be involved in any way in a dispute between the coauthors. The same also applies to disputes between rightholders in employee works.
(Date of entry into force)
Article 9. These Regulations are enacted at the meeting of the board of directors on July 30, 2011. The copyright in any works published before July 30, 2011, shall also be treated in accordance with these Regulations unless the publishing person requests otherwise and the Society finds that the request has reasonable grounds.
*Includes the following rights:
Right of reproduction (Article 21), stage performance rights and musical performance rights (Article 22), right of on-screen presentation (Article 22-2), right to transmit to the public (Article 23), recitation rights (Article 24), exhibition rights (Article 25), distribution rights (Article 26), right of transfer (Article 26-2), right to rent out (Article 26-3), translation rights, adaptation rights, and other rights (Article 27), and rights of the original author in connection with the exploitation of a derivative work (Article 28).