Copyright is a vital intellectual property right that grants creators control over their literary, artistic, and musical works. In Japan, as in most countries, this protection is not perpetual. Understanding the duration of copyright (chosakuken no hogo kikan - 著作権の保護期間) and what happens when that protection expires is crucial for authors, publishers, users of creative content, and businesses involved in creative industries. Notably, Japan implemented a significant extension to its general copyright term in late 2018.

This article delves into the specifics of copyright duration in Japan, outlining the general rules, key exceptions for different types of works, how these terms are calculated, and the important considerations for works after their economic rights have entered the public domain, particularly concerning the enduring protection of an author's moral interests.

The Fundamental Principle: Commencement and the General Term of Protection

Commencement of Copyright
In Japan, copyright protection arises automatically upon the creation of an original work that falls within the categories of protectable subject matter (e.g., novels, music, paintings, software, architectural works). There is no requirement for registration or other formalities for copyright to subsist; it is an inherent right of the creator from the moment of creation (Article 51(1) of the Copyright Act).

The General Term of Protection: Life of the Author plus 70 Years
The most significant recent development regarding copyright duration in Japan is the extension of the general term of protection. Effective December 30, 2018, primarily to implement obligations under the Trans-Pacific Partnership (TPP-11) agreement, the general copyright term for works by individual authors was extended from "life of the author plus 50 years" to life of the author plus 70 years post mortem auctoris (PMA) (Article 51(2) of the Copyright Act).

This means that for most works created by an individual, the economic rights associated with copyright (such as the rights of reproduction, public transmission, adaptation, etc.) will last for the entirety of the author's natural life and then continue for a further 70 years for the benefit of their heirs or other successors in title. This extension brings Japan in line with many other major jurisdictions, including the European Union and the United States (for many works).

Calculating the Copyright Term: The "Calendar Year" Rule (Rekihō-shugi)

A key principle in calculating copyright duration in Japan is the "calendar year rule" (rekihō-shugi - 暦年主義), stipulated in Article 57 of the Copyright Act. This rule states that the protection period is calculated from the beginning of the calendar year following the year in which the relevant triggering event occurred.

• For the general "life + 70 years" term, the 70-year period begins to run from January 1st of the year following the year of the author's death. For example, if an author dies on any date in 2025 (e.g., March 15, 2025, or December 31, 2025), the 70-year post-mortem term will commence on January 1, 2026, and the copyright will expire at the end of the day on December 31, 2095 (2025 + 70 years).
• Similarly, for terms calculated from publication or creation, the count begins from January 1st of the year following the year of publication or creation.

This method simplifies term calculation by ensuring that all copyrights based on the same triggering year expire on the same date (December 31st) of the relevant expiry year.

Exceptions to the General Term: Special Rules for Specific Types of Works

While "life of the author plus 70 years" is the general rule, the Japanese Copyright Act provides several important exceptions where the term of protection is calculated differently, often due to the nature of the work or the difficulty in identifying an individual author or their date of death. Following the 2018 amendments, many of these special terms were also adjusted from 50 years to 70 years to maintain consistency.

A. Works by Anonymous or Pseudonymous Authors (無名又は変名の著作物 - Mumei matawa Henmei no Chosakubutsu)
(Article 52 of the Copyright Act)
For works published anonymously or under a pseudonym where the author is not generally known:

• The term of protection is 70 years following the publication of the work (kōhyōgo 70 nen - 公表後70年).
• If the work is not published within 70 years of its creation, the protection lasts for 70 years following the creation of the work.

However, the general "life of the author plus 70 years" rule applies if, before the expiry of the 70-year post-publication/creation term:

1. The author's pseudonym is widely recognized by the public as indicating that author.
2. The author's true name is registered with the relevant government agency (Agency for Cultural Affairs).
3. The author subsequently publishes the work under their true name or a widely known pseudonym.
   The rationale for the special term for anonymous/pseudonymous works is the practical difficulty in determining the author's date of death when their identity is unknown.

B. Works Attributed to a Juridical Person or Other Corporate Body (法人その他の団体が著作の名義を有する著作物 - Hōjin sonota no Dantai ga Chosaku no Meigi o Yūsuru Chosakubutsu)
(Article 53 of the Copyright Act)
This category often includes "works made for hire" where, under Japanese law, an employer may be deemed the author of a work created by an employee within the scope of their duties and published under the employer's name. It also includes certain types of works, like many cinematographic works, where a corporate body (e.g., a production company) is treated as the author.

• For such corporate works, the term of protection is 70 years following the publication of the work.
• If the work is not published within 70 years of its creation, the protection lasts for 70 years following the creation of the work.
  The rationale here is that juridical persons do not "die" in the same way natural persons do, so a term based on the author's life is inapplicable. A fixed term from publication or creation provides certainty.

C. Cinematographic Works (映画の著作物 - Eiga no Chosakubutsu)
(Article 54 of the Copyright Act)
Cinematographic works have long been a special case in many copyright systems due to their collaborative nature and significant investment.

• In Japan, the term of protection for cinematographic works is 70 years following their publication. (This was 70 years even before the general term extension).
• If a cinematographic work is not published within 70 years of its creation, protection lasts for 70 years following its creation.
  The rationale for this specific term, often calculated from publication, is the difficulty in identifying a single "author" or a group of clearly defined individual authors whose life terms could be used, given the many contributions involved in filmmaking.
• Special Note on Underlying Works Used in Films: An important related rule concerns pre-existing works (such as novels, screenplays, or musical scores) that are adapted or incorporated into a cinematographic work. Article 54(2) and other provisions effectively state that the copyright in such underlying works, insofar as their use in that particular cinematographic work is concerned, expires when the copyright in the cinematographic work itself expires. This is to ensure that once a film enters the public domain, it can be freely utilized as a whole, without being encumbered by ongoing copyrights in its constituent original elements (for the purpose of that film's use).

D. Joint Works (共同著作物 - Kyōdō Chosakubutsu)
For works created by two or more authors where their individual contributions cannot be separately exploited (joint works):

• The term of protection is 70 years following the death of the last surviving author (Article 51(2), applied to joint authors).
  This rule ensures that the work remains protected for the full term for the benefit of all co-authors and their respective heirs, preventing parts of the work from falling into the public domain prematurely while other co-authors are still alive or their PMA term is running.

E. Continuously Published Works (逐次刊行物 - Chikuji Kankōbutsu, etc.)
(Article 56 of the Copyright Act)
For works that are published in successive parts, such as installments, volumes, issues, or episodes:

1. Works Published by Volume, Issue, or Installment as Separate Works: If each part (e.g., a magazine issue, an episode of a television series where each episode can be considered a distinct work) is itself a complete work, the term of protection is generally calculated for each part from its own date of publication (applying the relevant 70-year post-publication rule if it's an anonymous, pseudonymous, or corporate work, or the relevant author's life + 70 years if individually authored).
2. Works Published in Successive Parts to Complete a Single Work: If the work is published in parts with the intention of forming a single, complete work (e.g., a novel serialized in a newspaper, volumes of an encyclopedia), the term of protection for the entire work is calculated from the date of publication of the final part.
3. Exception for Prolonged Hiatus: For works being completed in successive parts, if a new part is not published for more than three years after the publication of the immediately preceding part, the term of protection for the already published portion of the work is calculated from the date of publication of that last published part before the three-year hiatus. This prevents the copyright term for earlier parts from being indefinitely extended by very delayed subsequent installments.

What Happens When Copyright Expires? Entry into the Public Domain

Once the applicable copyright term expires, the work enters the public domain (paburikku domein - パブリックドメイン) with respect to its economic rights. This means:

• The work can be freely used by anyone without needing to seek permission from the former copyright holder or their heirs.
• This includes the freedom to copy, distribute, adapt (create derivative works), perform publicly, broadcast, and make available online.
  The entry of works into the public domain is vital for fostering new creativity, promoting education, and ensuring broad cultural access, as these works become part of the common cultural heritage.

The Enduring Shadow: Post-Mortem Protection of Moral Rights (Chosakusha Jinkakuken no Shigo Hogo - 著作者人格権の死後保護)

While the economic rights granted by copyright expire, Japanese copyright law provides for a distinct and enduring form of protection for certain aspects of the author's personal connection to their work, even after their death and the expiry of copyright. These are related to the author's moral rights (chosakusha jinkakuken - 著作者人格権).

Moral Rights Explained:
Under Japanese law, authors have several inalienable moral rights, including:

• The right to decide whether and how to make their unpublished work public (right of disclosure).
• The right to be identified as the author and to determine how their name is displayed (right of attribution/name indication).
• The right to preserve the integrity of their work and its title against derogatory alteration or modification (right of integrity).
  These moral rights are personal to the author and cannot be transferred or waived during their lifetime (Article 59). Technically, they expire upon the author's death.

Article 60 of the Copyright Act: Protection of Post-Mortem Moral Interests
However, Article 60 of the Copyright Act offers a significant form of post-mortem protection. It prohibits any person who offers or makes available a work to the public from committing an act that would have constituted an infringement of the author's moral rights if the author were still alive.

• No Explicit Time Limit: This protection for what can be described as the author's surviving personal or reputational interest in their work is not subject to a specific time limit like the economic rights. It endures indefinitely after the author's death.
• Who Can Enforce?: Typically, the deceased author's family members (spouse, children, parents, grandchildren, grandparents, or siblings) can demand cessation of acts violating Article 60 or take measures to restore the author's honor (Article 116). An author can also designate a person by will to act on their behalf for this purpose, generally for 70 years after their death (reflecting the economic rights term).
• Limitations: The prohibition under Article 60 applies unless the act in question is deemed not to prejudice the author's original intent, considering the nature and extent of the act and any changes in social circumstances since the author's death.

Implications: This means that even when a work's economic rights are in the public domain, users must still be careful not to use the work in a way that would distort it, falsely attribute it, or otherwise violate the deceased author's honor or presumed intentions in a manner that would have infringed their moral rights.

Practical Implications for Businesses and Creators

Understanding these copyright terms is essential for:

• Determining Copyright Status: Businesses and creators looking to use existing works must carefully investigate authorship, date of death (if applicable), publication dates, and the type of work to ascertain if copyright still subsists or if the work is in the public domain.
• Strategic Planning: The 2018 extension of the general copyright term to life of the author plus 70 years (and corresponding extensions for other work types) has significant implications for licensing strategies, estate planning for authors, and the availability of older materials for new creative endeavors.
• Managing Corporate Copyrights: For businesses creating or commissioning works, understanding the rules for corporate authorship and the 70-year post-publication term is crucial for managing their IP assets.
• Respecting Moral Interests: Even when using public domain works (in terms of economic rights), awareness of the enduring protection of the author's moral interests under Article 60 is necessary to avoid potential legal issues related to derogatory treatment or misattribution.

Conclusion

The duration of copyright protection in Japan is now generally the life of the author plus 70 years, a significant extension implemented in 2018. However, various exceptions apply to specific categories of works, such as those by anonymous or corporate authors, and cinematographic works, which typically have terms calculated from publication or creation (now also generally 70 years). The calculation always begins from the start of the calendar year following the relevant event. Upon expiry of these economic rights, works enter the public domain, becoming freely available for use. Nevertheless, a unique feature of Japanese copyright law is the indefinite post-mortem protection of an author's moral interests, requiring continued respect for the integrity and attribution of works even after their economic copyrights have ceased. Navigating this landscape requires careful attention to the type of work, authorship details, and the relevant dates to ensure compliance and to effectively manage and utilize copyrighted materials.