IPA IP 2026 Question 1

Topic: Legal Affairs

A question IPA Japan published in 令和8年度 ITパスポート試験 公開問題 問1, translated into English. ITPEC is based on the same exams.

Concerning the handling of products created by using generative AI, which of the following lists all and only the cases that may require permission from the copyright holder of an existing copyrighted work?

AMusic was generated by using generative AI so as to obtain music similar to the songs of a favorite artist, and the music was uploaded to the Internet and released free of charge.BMusic was generated by using generative AI so as to obtain music similar to the songs of a favorite artist, and the music was stored on one’s own PC and listened to privately.CWhen music was generated by using generative AI, music similar to the songs of a favorite artist happened to be generated, so it was stored on one’s own PC and listened to privately.

Explanation

Only A, the public upload — permission is needed when a work that resembles an existing song and was made from it is used beyond private use.

Under Japan's Copyright Act, AI-generated music infringes when two things hold: it is similar to an existing work, and it depends on that work (it was made by drawing on it). Even then, copying for one's own private use is allowed without permission.

  • •A: generated on purpose to sound like the artist's songs (similar and dependent), then uploaded and released to the public. Public transmission is not private use, so permission from the copyright holder may be required.
  • •B: similar and dependent, but kept on one's own PC and only listened to privately. Reproduction for private use needs no permission.
  • •C: the resemblance arose by chance and the music is used privately, so there is neither dependence nor any use beyond private use.

Answer (a)

Why not others:

  • •(b) — adds B, but stored and played only on one's own PC it falls under private use
  • •(c) — adds B and C; both are private use, and C also lacks dependence on the artist's work
  • •(d) — picks the two private cases and leaves out A, the only one that reaches the public

Key rule: Generated output infringes copyright when it is similar to and derived from an existing work; private use is exempt, but publishing or distributing such output needs the copyright holder's permission.

Legal Affairs · AI-written, may contain errors

Practice this exam

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.