How Long Does Copyright Last in Japan? Understanding Duration and International Implications

Japanese Attorney at Law - Bengoshi L.L.

• 9 min read

For anyone utilizing, licensing, or seeking to build upon existing creative works, a fundamental question is: "Is this work still protected by copyright, or has it entered the public domain?" The duration of copyright protection (著作権の存続期間 - chosakuken no sonzoku kikan) in Japan is governed by a set of rules outlined in the Japanese Copyright Act (著作権法 - Chosakuken-hō). While there's a general principle, numerous exceptions and special conditions apply depending on the nature of the work, its authorship, and its publication history. Furthermore, international treaties and specific historical circumstances can also influence the term of protection in Japan.

The General Rule: Life of the Author Plus 70 Years

The basic rule for copyright duration in Japan, as stipulated in Article 51 of the Copyright Act, is that copyright subsists for the life of the author plus 70 years. This term is calculated from the beginning of the calendar year following the year of the author's death (暦年主義 - rekinen shugi, Article 57). For example, if an author died at any point in 1980, copyright in their works would generally last until December 31, 2050 (1980 + 70 years + end of that 70th year).

This "life plus 70 years" term is a relatively recent development. Japan extended its general copyright term from "life plus 50 years" to "life plus 70 years" effective December 30, 2018, primarily to implement obligations under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP11). It's important to note that this extension was not retroactive for works whose copyrights had already expired under the previous 50-year rule. Therefore, works by authors who passed away in 1967 or earlier (whose copyrights would have expired by the end of 2017 under the life-plus-50 rule) were not revived by this change.

The rationale for providing a limited term of protection, followed by the work entering the public domain, is to strike a balance. It incentivizes creation by granting authors exclusive rights for a substantial period, allowing them and their heirs to benefit, while eventually permitting society to freely use and build upon these cultural products to foster further creativity and development.

For joint works (共同著作物 - kyōdō chosakubutsu), where two or more individuals have collaborated such that their contributions cannot be separately exploited, the "life plus 70 years" term is calculated from the death of the last surviving author (Article 51(2), proviso).

The copyright in a derivative work (二次的著作物 - nijiteki chosakubutsu), such as a translation or adaptation, has its own term of protection independent of the original work, typically based on the life of the author of the derivative work plus 70 years. However, the exploitation of the derivative work may still be subject to the rights in the underlying original work if that original work is still under copyright.

Exceptions to the General Rule: When "Life Plus 70" Doesn't Apply

Several important exceptions modify the general "life plus 70 years" rule, primarily for works where identifying the author's date of death is impractical or where authorship is attributed to a legal entity rather than an individual.

1. Anonymous and Pseudonymous Works (無名又は変名の著作物 - mumei mata wa henmei no chosakubutsu)

Under Article 52 of the Copyright Act, the copyright in a work published anonymously or under a pseudonym generally subsists for 70 years following its publication. If such a work is not made public within 70 years of its creation, its copyright then lasts for 70 years from its creation. (The "70 years from creation if unpublished" rule is more directly stated for works of juridical persons, but the principle aims to prevent indefinite protection for unpublished anonymous/pseudonymous works as well).

  • Rationale: When the author is unknown or uses a name not publicly identified with them, calculating a term based on their life and death becomes impossible for the public. The post-publication term provides a more ascertainable timeframe.
  • Exceptions Reverting to "Life Plus 70 Years": The "70 years post-publication" rule for anonymous or pseudonymous works does not apply (and the general "life plus 70 years" rule is used instead) if any of the following occur:
    • The author's pseudonym is widely known to the public as referring to that specific individual (Article 52(2)(i)).
    • The author registers their true name with the Agency for Cultural Affairs within 70 years of the work's publication (Article 52(2)(ii), referencing Article 75(1)).
    • The author republishes the work under their true name or a widely known pseudonym within 70 years of its initial anonymous/pseudonymous publication (Article 52(2)(iii)).
  • Proviso for Known Earlier Expiry: If it is evident that the author of an anonymous or pseudonymous work has been deceased for more than 70 years (meaning their copyright would have expired under the "life plus 70" rule before the "70 years post-publication" term ends), then the copyright is deemed to have expired at the point 70 years after their death (Article 52(1), proviso).

2. Works Bearing the Name of a Juridical Person (団体名義の著作物 - dantai meigi no chosakubutsu)

For works made public under the name of a juridical person (e.g., a corporation, association) or other organization as author, Article 53 stipulates that copyright subsists for 70 years following publication. If the work is not made public within 70 years of its creation, then copyright subsists for 70 years following creation.

  • Rationale: Since juridical persons do not "die" in the human sense, a term based on the life of an author is inapplicable. Publication or creation dates provide a fixed point for calculating duration.
  • Historical Term Length: Like the general term, the term for corporate works was also extended (previously often 50 years). The Supreme Court case concerning the film Shane (December 18, 2007) dealt with the non-revival of copyright for a film published in 1953 under a previous term extension from 50 to 70 years, as its 50-year term had already expired before that particular amendment took effect.
  • Exception for Individual Author Revealed: If an individual who is the actual author of a work initially published under a corporate name subsequently republishes the work under their own true name or widely known pseudonym during the 70-year post-publication (or post-creation) period, then the general "life of the author plus 70 years" rule applies to that work instead (Article 53(2)). This allows individual creators whose works are first released under a corporate banner to potentially benefit from the longer life-based term if they later claim authorship openly.

3. Cinematographic Works (映画の著作物 - eiga no chosakubutsu)

Cinematographic works, which include not only theatrical films but also most video games and other audiovisual works, have a specific duration rule under Article 54. Copyright in a cinematographic work subsists for 70 years following its publication. If the work is not made public within 70 years of its creation, then copyright subsists for 70 years following its creation.

  • Rationale: Cinematographic works often involve numerous creative contributors (directors, cinematographers, composers, screenwriters, etc.). Calculating duration based on the life of a single "author" or even the last surviving author can be complex and lead to uncertainty. A term based on publication provides a clearer and more predictable timeframe, facilitating the exploitation and licensing of these often high-investment works.
  • Author's Name Irrelevant for This Calculation: Unlike anonymous/pseudonymous works or general corporate works, the identity or naming of the author(s) of a cinematographic work does not alter this post-publication/post-creation calculation method (Article 54(3) explicitly excludes the application of Articles 52 and 53 to cinematographic works).
  • Crucial Rule for Underlying Works (Article 54(2)): A unique and highly significant provision is Article 54(2). It states that the copyright in pre-existing works (such as an original novel, screenplay, or musical score) that are adapted or reproduced in a cinematographic work will expire at the same time as the copyright in the cinematographic work itself, but only with respect to the exploitation of that specific cinematographic work.
    • This means that once the 70-year term for a film (calculated from its publication) expires, the film as a whole, including the music and story elements as used in that film, enters the public domain for the purpose of exploiting that film. One would not generally need to separately clear rights for the underlying novel or music just to show or distribute that old film.
    • However, the copyrights in those underlying works for other purposes (e.g., publishing the original novel separately, performing the musical score in a concert, creating a new film adaptation of the novel) remain independent and are calculated based on their own respective terms (e.g., life of the novelist plus 70 years). This rule dramatically simplifies rights clearance for older films as complete entities.

4. Continuously Published Works (逐次刊行著作物 - chikuji kankō chosakubutsu)

Article 56 addresses works published in successive installments, volumes, or issues, where the copyright term is calculated from the date of publication (i.e., for anonymous, pseudonymous, or corporate works, and cinematographic works).

  • Separate Installments: If each installment is essentially a distinct, self-contained work (e.g., a series of one-shot manga stories published in a weekly magazine), the copyright term for each installment is calculated from its own date of publication. The Supreme Court's Popeye decision (July 17, 1997) treated serialized one-shot comics in this manner, meaning earlier installments could enter the public domain while later ones remain protected.
  • Work Completed in Installments: If the work is a single, unified creation that is simply made public in parts over time (e.g., a novel serialized in a magazine before being published as a complete book), the copyright term is calculated from the date of publication of the final installment.
  • Discontinuation of Publication: If a work intended to be completed in installments is discontinued, and the next installment is not published within three years of the last one, the last published installment is deemed to be the final one for the purpose of calculating the copyright term (Article 56(2)).
  • Not Applicable to "Life Plus 70" Works: These rules for serialized publication do not alter the calculation for works whose duration is based on the life of a known individual author. For those, the term remains "life plus 70 years," regardless of how they were serialized.

International Considerations Affecting Duration in Japan

Copyright is territorial, but international treaties create a framework for cross-border protection. Two key international aspects affecting copyright duration in Japan are:

1. The Rule of the Shorter Term (相互主義 - sōgo shugi)

Under Article 58 of the Copyright Act, Japan applies the "rule of the shorter term" for works originating from other member countries of the Berne Convention or the World Trade Organization (WTO). This means if a work is created by a national of a foreign country, and that foreign country provides a copyright term shorter than Japan's for that type of work, Japan will generally only protect the work for the duration of the shorter term granted in its country of origin. For example, if Country X protects works for "life plus 50 years," a work by a national of Country X will only be protected for "life plus 50 years" in Japan, even though Japan's general term is "life plus 70 years."

2. Wartime Extensions (戦時加算 - senji kasan)

A unique feature of Japanese copyright law is the "wartime extension" system. This applies to certain copyrights owned by nationals of specified Allied Powers (or by the Allied Powers themselves) that were in existence during World War II. Due to the disruption of normal relations and potential lack of protection for these rights in Japan during the war, special legislation (the "Act on Special Provisions for Copyrights of Allied Powers and Allied Nationals pursuant to the Treaty of Peace with Japan") adds an extra period to their normal copyright term in Japan. This period is calculated based on the duration from December 8, 1941, until the day before the Treaty of Peace with Japan came into effect for the specific Allied country involved. The duration of this extension varies by country (e.g., 3,794 days for works from the U.S., U.K., France, Australia, Canada; other durations apply for countries like Brazil, Netherlands, Belgium, Greece, as detailed in legal resources). This can significantly extend the protection term for older foreign works from these countries in Japan. A court decision clarified that this extension applies only when the Allied Power or its national was the copyright owner, not merely a trustee or administrator of the copyright for a non-Allied national.

For works published before the current Japanese Copyright Act came into force on January 1, 1971, there's a transitional provision (Article 7 of the Supplementary Provisions of the current Act - 著作権法附則7条 - Chosakuken-hō Fusoku nana-jō). It states that if the copyright term under the old Meiji-era Copyright Act (Old Law) was longer than the term provided by the current Act, the old, longer term continues to apply.

The Old Law generally provided for:

  • Life of the author plus 38 years for works published during the author's lifetime under their real name (Old Law Art. 3).
  • 38 years post-publication for works published posthumously, anonymously, or pseudonymously (Old Law Arts. 4, 5).
  • 33 years post-publication for works bearing a corporate name (Old Law Art. 6).
  • Cinematographic works, if original, received similar terms (Old Law Art. 22-3).

This means that for certain older works, especially cinematographic works created by known individual authors who lived for a considerable time after the film's publication, the "life plus 38 years" term under the Old Law could potentially be longer than the "70 years post-publication" term for cinematographic works under the current law. The Supreme Court in the Charlie Chaplin films case (October 8, 2009) confirmed that if a film was published under an individual author's real name (even if a corporate name was also present), the "life plus 38 years" term of the Old Law applied. Subsequently, in the Akatsuki no Dassō (Dawn Escape) case (Supreme Court, January 17, 2012), the Court held that being mistaken about this complex duration rule did not negate negligence in an infringement claim.

Conclusion: Navigating the Complexities

Determining the precise duration of copyright in Japan requires a careful analysis of several factors: the nature of the work, its authorship (individual, joint, anonymous, pseudonymous, or corporate), its publication history, and potentially its country of origin and historical context. While the general "life plus 70 years" rule provides a starting point, the numerous exceptions and special provisions mean that a one-size-fits-all approach is inadequate. For businesses and legal professionals dealing with copyrighted works in Japan, particularly older material or works with complex authorship, a thorough understanding of these duration rules is essential for accurate rights clearance and risk management.