IPA IP 2023 Question 2
A question IPA Japan published in 令和5年度 ITパスポート試験 公開問題 問2, translated into English. ITPEC is based on the same exams.
Among A through C below, which of the following lists all and only those that correspond to works as defined by the Copyright Act?
Explanation
Only A, the recorded lecture — a work under the Copyright Act is a creative expression of thoughts or sentiments; facts and inventions are not works.
The Copyright Act protects works: creative expressions of thoughts or sentiments in the literary, scientific, artistic or musical domain. A lecture delivered orally is a literary work (an oral work) even when no manuscript was written, and its recording fixes that expression. A bare fact, such as when a bus arrives, is not an expression of thought, and an invention is a technical idea, protected by the Patent Act once a patent is granted.
- •A — a lecture spoken without a manuscript: a work
- •B — bus arrival times in a timetable: facts, not a work
- •C — a technical invention: an idea for the Patent Act, not a work
Answer (a)
Why not others:
- •(b) — adds C: however creative, an invention is a technical idea, and copyright protects expressions, not ideas
- •(c) — takes B and C and drops A: a timetable's times are facts, and a work needs no written manuscript
- •(d) — C alone gets both wrong: the invention is not a work, and the lecture is
Key rule: Copyright protects the creative expression of thoughts or sentiments, spoken or written, from the moment it is made; facts are free to use, and inventions belong to patent law.
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This question comes from the past questions IPA Japan publishes, translated into English by ITPEC Practice. ITPEC Practice is an independent study tool and is not affiliated with IPA or ITPEC. See the original paper (PDF) or Report an issue.