Section 1. Purpose
The Copyright Policy (hereinafter referred to as the Policy) of the Japan Society of Applied Physics (hereinafter referred to as the Society) is intended to set forth the rules and regulations applicable to all matters relating to copyright between the Society and the Society members contributing articles and other article contributors (hereinafter referred to as Contributors).
Section 2. Definitions
The terms used in the Policy shall have the respective meanings assigned to those terms as follows:
- “Work” refers to any and all articles, communications, and other contributions published in the society journals and the English version of the journals to be published by the Society in the name of the Society (including, but not limited to, its chapters and divisions) in the form of a book, a brochure, or a journal, and other printed materials and other materials submitted, presented, or otherwise displayed, in the tangible or intangible form, at or in connection with presentation activities, such as lectures of the Society, whether hosted or cohosted by the Society and which falls within Article 2, Paragraph 1, Item 1, of the Copyright Law of Japan (hereinafter referred to as the Law).
- “Author” refers to the Contributor who falls within the definition of Article 2, Paragraph 1, Item 2, of the Law.
- “Moral Rights” refer to any and all rights including, but not limited to, the right to make the works public (Article 18 of the Law), the right to determine the indication of the author’s name (Article 19 of the Law), and the right to preserve the integrity of the work (Article 20 of the Law).
- “Economic Rights” refer to any and all rights including, but not limited to, the right of reproduction (Article 21 of the Law), the right of performance (Article 22 of the Law), the right of presentation (Article 22-2 of the Law), the right of public transmission (Article 23 of the Law), the right of recitation (Article 24 of the Law), the right of exhibition (Article 25 of the Law), the right of distribution (Article 26 of the Law), the right of transfer of ownership (Article 26-2 of the Law), the right to lend (Article 26-3 of the Law), the right of translation and adaptation (Article 27 of the Law), and the right of the original author regarding the exploitation of derivative works (Article 28 of the Law).
- “Copyrights” refer to the Moral Rights and the Economic Rights.
Section 3. Ownership of Economic Rights
Within the context of the various activities of the Society, the Economic Rights of Works shall belong to the Society. However, the Economic Rights of the Works listed below, to which the Creative Commons license “CC BY” have been applied, shall belong to the Author.
- (a) OPEN SELECT articles of the English versions of the journals
- (b) Articles published in JJAP Conference Proceedings
- 3.2 The Society will pay due regard to the Moral Rights of the Contributors as Authors and manage their Works with due care, as well as endeavor to make the Works created by the Authors more accessible and available by facilitating the exploitation of such Works and to enhance the intrinsic value of the Economic Rights thereof.
Section 4. Assignment
- 4.1 The Economic Rights to the Works, except those in (b) in term 3.1 of Section 3 of the Policy, contributed by the Contributor to the Society in accordance with the copyright guidelines of the Society shall be assigned and transferred by the Author to the Society at the time of acceptance of the Works, except those in (b) in term 3.1 of Section 3 of the Policy, by the Society once the Society determines the Works, except those in (b) in term 3.1 of Section 3 of the Policy, to be suitable for publication in the Society Journal, provided, however, that the foregoing shall not apply when a certificate of transfer of copyright has not been attached to the Works.
- 4.2 The Economic Rights to the Work, except those in (b) in term 3.1 of Section 3 of the Policy, published in the English versions of the journals shall be transferred to the Author at the time of approval by the Society after the necessary procedure for the application to OPEN SELECT has been completed.
Section 5. Rights of Authors
- 5.1 The Author shall not use any Economic Rights of the Work owned by the Society without the prior consent of the Society in writing.
Notwithstanding the foregoing, the Author may use, translate, or adapt the Work without prior consent of the Society in writing, to the extent that such use falls within the limitations (i.e., Articles 30 through 50 of the Law), except in the following cases:
- (a) Commercial purposes;
- (b) Duplicated or redundant contributions to other journals of an academic society or academic journals or communications, whatsoever, domestic or overseas; or
- (c) Any other purpose deemed extravagant in light of fair academic practices.
Section 6. Warranties
- 6.1 The Author warrants to the Society that the Work does not infringe any copyrights or other rights of third parties.
- 6.2 If an action, claim, objection, complaint, or demand for compensation for damage is instituted against the Society by a third party resulting from any alleged infringement of copyrights, libel of defamation affecting the reputation of others by the Work, or otherwise arising from a Work whose Economic Rights are owned by the Society, the Author shall make his or her best effort to settle such disputes by cooperating with the Society.
Section 7. Abstention to Exercise Moral Rights
The Author shall abstain from exercising Moral Rights with respect to the Society (including the person or parties who are granted a license by the Society), provided that the Society shall pay due care not to injure the honor and reputation of the Author.
Section 8. Infringement
If any third party infringes the Economic Rights, the Society and the Author shall respond to such infringement by cooperating with each other.
Section 9. General Provisions
- 9.1 The Society and the Contributors shall amicably settle any differences arising from matters not specifically provided for in the Policy through mutual consultation.
- 9.2 If there is any contradiction between the contents of the English language version of the Policy and Japanese language version, then the Japanese language version shall take precedence.