(2)Prohibition of copying software
Reproducing software without the permission of the copyright holder is
strictly prohibited. Commercial software usually contains an agreement
when purchased. The right (license) to use the software is granted only if
the purchaser consents to the contents of the agreement such as the scope
of use.
In general, copying software is permitted only for backup purposes.
Reference
Free software and shareware
“Free software” is software that is distributed free of charge.
“Shareware” is software that can be
purchased for a low fee if the user likes
the software after trying it. Copyrights
for free software, shareware, and programs created through outsourcing belong to the creator. Reproduction, redistribution, or alteration is prohibited unless there is a special agreement in
place.
(3)License agreement
A “license agreement” refers to an agreement to purchase a software license. The contents of the license may vary depending on the number of
computers involved. When a corporation or school installs software in volume, it is sometimes called a “volume license agreement.” The right of
use for a software agreement is usually restricted to a single computer or a
single user, but in the case of a license agreement, a single software package can be used for a designated number of computers (or users). In effect,
this makes the price lower than purchasing a software package for every
computer, and it also eliminates waste in the form of packaging and manuals. The contents of the agreement may vary depending on the software
maker.
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Other rights
Certain rights are recognized in practical application based on legal precedence, even if the rights do not exist as written legislation. These rights are
summarized in the following sections.
(1)Privacy rights
“Privacy rights” are rights that afford persons the ability to withhold details about their personal life in order to protect their character. Actions
such as eavesdropping on personal conversations, surveillance of personal
behavior, and disclosure of details about personal life are considered an infringement of privacy. Privacy rights are based on “respect for the individual” under the Japanese Constitution. Protection of personal data is
specifically covered under the “Act on the Protection of Personal Information.”
(2)Portrait rights
“Portrait rights” are rights that protect the likeness of persons captured
through media such as photographs, video tape recordings, and portraits.
Copyrights for photographs, video tape recordings, and drawings belong to
the person who originally took or drew the image. However, privacy rights
for the likeness of persons belong to the individual who is the subject of
the likeness. Any publication without the consent of the subject is an infringement of portrait rights. Portrait rights are recognized for all individuals, and not just famous persons.
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