欧文誌 ＞ 著作権規定
Annals of the Japan Association for Philosophy of Science
We have been thinking of constructing a public digital archive of papers that appeared in issues of the Annals of the Japan Association for the Philosophy of Science (Annals). Now, under the auspices of Japan Science and Technology Agency (JST), we are going to create a digital archive for papers published in all issue of the Annals - starting from its inaugural issue (1956) - as a part of “Japan Science and Technology Information Aggregator, Electronic (J-STAGE).”
The Copyright Rule of the Japan Association for Philosophy of Science, instituted in June, 2006, stipulates that the copyright for a paper published in the Annals shall be transferred from its author to this Association. It is also stipulated that the copyright is transferred when the author submits a consent form for copyright transfer to this Association. Although, in order to create the digital archive for the Annals, a copyright transfer is required for every paper that appeared in its every issue, from the inaugural to the current issue, the prescribed procedure for a copyright transfer has not been carried out for papers published before 2007. Therefore, it is necessary, in principle, to have authors of those papers submit a consent form for copyright transfer. The amount of paperwork will be enormous, however, if the procedure for the copyright transfer is to be enacted severally for each and every paper published in issues from 1956 to 2006.
In light of this, pursuant to the intent of the Copyright Rule, the Board of Officers has decided to deem the copyright of every paper published in the Annals before 2007 transferred to this Association, without the submission of a consent form for copyright transfer, and to proceed with making the digital version of those papers open to the public through our digital archive. Please note that, as is explicitly stated in the Copyright Rule, the transfer of the copyright for a paper does not preclude its use by the author. If you, as author of any paper in any issue of the Annals published from 1956 to 2006 or his/her hereditary successor, have an objection to this decision, please give a notice to that effect to the office of the Japan Association for the Philosophy of Science by the end of March, 2008. The absence of such a notice will be taken as your consent for copyright transfer, and your paper will be included in our digital archive upon this condition. In consideration, however, of the possibility that this letter fails to be read by any author of papers in question or any of his/her hereditary successor, if there should be a notice of dissent from any of these qualified individuals after the deadline, we will exclude the paper in question from our digital archive at an appropriate subsequent point of time.
Effective from June 18, 2006
Article 1: Goal
This rule governs the management of an author’s copyright for a paper, a commentary, etc. (hereinafter described as “Work”) published in a journal or any other publication issued by this Association (hereinafter described as “Journals”).
Article 2: Copyright Transfer
The copyright* for a Work published in Journals shall, in principle, be transferred** from its author to this Association. If there should be difficulty in the transfer of the copyright due to special circumstances, the Association shall, upon the initiative by the author, consult with the author for an amicable settlement of the matter.
Article 3: Exception for Moral Right Exercise
The author shall not exercise his/her moral right toward this Association and those authorized by the Association in any of the following cases:
(1) modifications due to technical problems in electronic distribution of the Work
(2) use of the abstract of the Work only.
Article 4: Licensing to a Third Party
- If a third party makes a request to license a copyright which belongs to this Association, the Board of Officers of the Association will deliberate over the request and may accept a request that the Board deems appropriate.
- If, as a result of the action taken in accordance with the preceding clause, the third party provides consideration to the Association, such consideration shall, in principle, be given to the author.
Article 5: Author’s Right
- This Association neither objects to nor prevents the use by the author of his/her Work whose copyright the Association owns.
- When the author uses his/her Work, the author shall notify the Association of such a use in advance and give a reference to its original publication in Journals in any reproduction of the Work, or any publication in which the Work is used. This provision does not apply, however, if 25% or more of the Work is changed. In addition, the author may use his/her Work without any advance notice for the purpose of clause 3 below.
- The author may post his/her Work at any time on his/her website, including the website of the institution to which the author belongs, provided a reference is given to its original publication in Journals.
Article 6: Copyright Infringement and Dispute Resolution
- If there is a copyright infringement or a suspicion thereof by a third party regarding a Work whose copyright this Association owns, the Association and the author shall deliberate over the appropriate measures to be taken for the resolution of this dispute.
- If a Work published in Journals causes an infringement of the copyright or any other right and interest of a third party, the author of the Work shall be solely and fully responsible for any such infringement or damage.
Article 7: Effective Date
This rule shall be effective from June 18, 2006. Unless otherwise requested by the author, and with the acknowledgement of this Association that the request in question is justified, the copyright of a Work published before June 18, 2006 shall also be governed by this rule.
* “Copyright” refers to the following rights among those prescribed by articles 21-28 of the Copyright Law of Japan
(see http://www.cric.or.jp/cric_e/clj/clj.html as excerpted below).
(Right of reproduction)
Article 21: The author shall have the exclusive right to reproduce his work.
(Rights of public transmission, etc.)
- The author shall have the exclusive right to make public transmission of his work (including the making transmittable of his work in the case of the interactive transmission).
- The author shall have the exclusive right to communicate publicly, by means of a receiving apparatus, his work of which the public transmission has been made.
(Rights of translation, adaptation, etc.)
Article 27: The author shall have the exclusive rights to translate, arrange musically or transform, or dramatize, cinematize, or otherwise adapt his work.
(Right of the original author in the use of a derivative work)
Article 28: In the exploitation of a derivative work, the author of the pre-existing work shall have the same rights as those the author of the derivative work has under the provisions of this Subsection.
** The copyright is transferred when the author submits a consent form for copyright transfer to this Association.