Regulations on Handling of Works of the University of Electro-Communications
April 1, 2012
AmendedFebruary 26, 2014
Contents
Chapter 1: General Provisions (Article 1 to Article 8)
Chapter 2: Copyright Procedures and Compensation (Article 9 to Article 17)
Chapter 3: Miscellaneous Provisions (Article 18 to Article 21)
Supplementary Provisions
Chapter 1: General Provisions
Article 1. Objectives
These regulations, applying to the handling of works created by professors, associate professors,
lecturers, assistant professors, research associates, and other employees working in the
University of Electro-Communications (hereinafter, “the University”), or persons in an
employment relationship with the University, who are or were engaged in research anddevelopment in the University (hereinafter, “employees, etc.”), have the objectives, based on theIntellectual Property Policies of the University of Electro-Communications (hereinafter,“Intellectual Property Policies”), of stipulating the handling of those works, encouraging thecreation of works by employees, etc., guaranteeing their rights, and promoting the reasonable
management and use of the works.
Article 2. Definitions of Terms
As used in these regulations, the terms listed below are defined as follows.
(1) “Work” shall mean the “work” defined in the Copyright Act (Act No. 48 of 1970) and shall
include digital content, that is, video, still images, sound, text, etc. created using digitaltechnology.
(2) “Software work” shall mean the “computer program” defined in Article 2 (1) x-2 of the
Copyright Act or the “database” defined in x-3, other than digital contents, as well as thedesign documents, specifications, flowcharts, and documents explaining the handling of the
program or database.
(3) “Moral rights of author” shall mean the rights prescribed in Articles 18 to 20 of the
Copyright Act (including rights in foreign countries equivalent to these rights).
(4) “Copyright” shall mean the right to use a work and the rights prescribed in Articles 21 to 28
of the Copyright Act (including rights in foreign countries equivalent to these rights).
(5) “Use” of a work shall mean the actions permitted based on each of the rights prescribed in thepreceding item.
(6) “Work for hire” shall mean a work made by employees, etc. in the course of their duties, on
the initiative and following the specific instructions of the University, of which the works
other than computer programs are planned to be made public under the name of the
University as author.
1(7) “Research contract work” shall mean a software work that is the final research output createdby employees, etc. based on a joint research contract, commissioned research contract, orother research contract between the University and a third party.
(8) “Job-related work” shall mean a software work, other than work for hire, created by
employees, etc. in research and education activities performed in the course of their duties,
such as in research conducted with public funds or with financial or other support by the
University or research conducted using facilities and equipment managed by the University.
In such a case, a research contract work shall be included in job-related works unlessotherwise prescribed in the research contract.
(9) “Person affiliated with the University” shall mean employees, etc., students, or persons
accepted by the University for the purpose of education, training, or research, etc.
(10) “Outside entity” shall mean a corporation, institution, or individual third party other than apersonal affiliated with the University.
Article 3. Ownership of Works for Hire
The author of a work for hire created by employees, etc. shall be the University, and the
University shall possess the moral rights of author and copyright to the work.
Article 4. Right of Employees, etc. to Use Works Copyrighted by the University
1. The University shall determine who may use a work for hire and the extent of that use, in lightof the purpose for which the work was created, etc.
2. In the case of a job-related work of which the University is the copyright holder as per theprovisions of Article 12, a person affiliated with the University shall be able to use that workfor research and education (including, in the case of employees, etc. who created that jobrelated work, use after leaving the University, personal use, and use in a university or other nonprofit organization), except in cases where otherwise prescribed such as in a license agreement
for the job-related work.
3. The provision of the preceding clause shall apply mutatis mutandis to other works whose
copyright was assigned to the University as per the provisions of Article 16.
Article 5. Job-Related Work Ownership and Use by the University
1. In the case of a job-related work created by an employee, etc., provided the employee observes
the conditions listed below, and notwithstanding the provisions of Article 15 of the CopyrightAct, the University shall be able to recognize the employee creating that work as the author of
the work and to permit that employee to possess the moral rights of author and the copyright tothe work.
(1) Not placing any restriction on the right of the University to use the job-related work
prescribed in the following clause.
(2) Not exercising the moral rights of author and rights as original author prescribed in clause
3 of this Article.
(3) Performing the registration prescribed in Article 10 when the causes prescribed in that
Article arise regarding the job-related work.
(4) When the University decides to succeed the copyright as per the provisions of Article 12,transferring the copyright to the job-related work to the University.
2(5) When intending to transfer the copyright to the job-related work to a third party free ofcharge, taking measures to secure the right of the University to use the job-related work as
per the provisions of Article 20. However, in the case of a research contract work, transfer for
free to a third party cannot be done unless it is after the University has decided not to succeed
the copyright as per the provisions of Article 11.
2. The University (here and hereinafter to include persons affiliated with the University) shall havethe right to use a job-related work free of charge for the purpose of research or education(hereinafter, “right of free use”). This right of use by the University is inseparable from thestipulation in the preceding clause making the employee, etc. who created the work the author of ajob-related work, and the employee, etc. who created the work shall not be able to place any
restriction on the right of use by the University; accordingly, with regard to the copyright to thework, it shall not be possible to grant to a third party an exclusive use right that would limit theright of use by the University. The right of free use in this case shall continue in existence evenafter the employee, etc. leaves the University.
3. In case a person affiliated with the University conducts research based on a job-related work, or
the University conducts joint research with an outside entity, commissioned research, or otherresearch under a research contract based on the work, the employee, etc. who created the work
shall not be able to exercise the moral rights of author with respect to modifications made to thework in the course of such research and shall not exercise the rights of original author withrespect to a work created by modifying the work.
Article 6. Management of Job-Related Works
An employee, etc. who creates a job-related work shall manage that work properly until it
becomes a work managed by the University through the determination and decision prescribed in
Article 11 and the transfer acceptance procedure prescribed in Article 12.
Article 7. Other Works
In the case of works other than works for hire and job-related works, the employee, etc. who
created the work shall be the author and shall possess the moral rights of author and copyright tothat work.
Article 8. Treatment after Retirement
These regulations shall continue to apply to works completed during employment even after theemployee, etc. leaves the University.
Chapter 2: Copyright Procedures and Compensation
Article 9. Handling of Copyrights, etc.
The handling by the University of the copyrights prescribed in these regulations shall be as
decided by the Intellectual Property Office of the Center for Industrial and Governmental
Relations (hereinafter, “Intellectual Property Office”) in accordance with the Intellectual
Property Policies of the University.
Article 10. Registration of Job-Related Works
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1. When any of the following items applies to a job-related work, the employee, etc. as author ofthat work shall promptly register the work with the Intellectual Property Office by means of theseparately prescribed form.
(1) When intending to transfer or loan to an outside entity for a fee, or allow use of for a fee(including agreement on use between joint owners) the copyright to a job-related work or thejob-related work itself or a copy thereof.
(2) When intending to transfer or loan to an outside entity for free, or allow use of for free(including agreement on use between joint owners) the copyright to a research contract workor the research contract work itself or a copy thereof (including cases when the other party toa research contract wishes to use for free the research contract work for research purposes).
(3) When the research contract, etc. stipulates that the copyright to the research contract work
will belong to the University or to a third party, and the research product work was created as
the final research output.
2. An employee, etc. registering a job-related work as per the provision of the preceding clauseshall make clear all authors of the work, and shall append information concerning the use ofthird-party copyrighted works in the job-related work if any. The same shall apply to otherintellectual property (inventions, trademarks, etc.) relating to the work.
Article 11. Determination of Job-Related Work, Decision to Receive Transfer, and Notification
1. When registration is made as per the provisions of the preceding article, the Intellectual
Property Office shall determine whether the registered work is a job-related work or not.
2. In case the Intellectual Property Office determines that it is a job-related work, it shall decide
whether or not the University should receive transfer of the copyright to the work.
3. The University shall make written notification of the results of the determination and decisionin clauses 1 and 2 to the author of the work, in a format prescribed separately.
Article 12. Procedure for Transfer of Job-Related Works
1. When the University has decided to accept transfer of the work as per the provisions of thepreceding article, the employee, etc. shall transfer to the University the copyright to the jobrelated work and shall submit to the Intellectual Property Office a transfer of rights form in aformat prescribed separately.
2. The employee, etc. shall submit to the Intellectual Property Office a copy of the work subject
to the decision in the preceding clause, as requested by the Intellectual Property Office.
3. The employee as author of the job-related work of which the copyright was transferred to the
University as per the provisions of the preceding two clauses shall not exercise the moral rights
of author with respect to the work.
Article 13. Cooperation with Copyright Registration
In case the University intends to register a copyright for a work transferred to the University as
per the provisions of the preceding article, the employee, etc. who created the work shallcooperate with the University in the registration process.
Article 14. Objection to a Determination or Decision4

1. In case the employee, etc. as author objects to the determination or decision made as per theprovisions of Article 11, an objection may be filed with the University President within two
weeks from receipt of notification.
2. When an objection is filed, the University President shall solicit the views of the Intellectual
Property Office and decide whether to accept or reject the objection.
Article 15. Payment of Compensation
1. In case the University gains profit from a work for which transfer of copyright was received as
per the provisions of Article 12, the University shall pay compensation to the author of thatwork.
2. In case there are multiple authors eligible to receive the compensation in the preceding clause,the compensation shall be divided among each of the authors according to their contribution.
3. The handling of compensation to authors shall be prescribed separately.
4. When the research contract, etc. stipulates that the copyright to research contract work will
belong to the University or to a third party, notwithstanding the provision of the precedingclause 3, whether or not to pay compensation and the handling of thereof shall be as prescribedin that research contract, etc.
Article 16. Transfer of Other Works
1. Even when a work is not covered by the provisions of Article 11 on receipt of transfer by the
University, if the employee, etc. as author of the work wishes to transfer the copyright to the
University, the University shall be able to accept the transfer. In this case the University shallbe able to pay compensation to the author in accordance with the provisions of Article 15.
2. The employee as author of the work transferred to the University as per the provisions of thepreceding clause shall not exercise the moral rights of author with respect to the work.
Article 17. Protection of Rights and Technology Transfer
1. The Intellectual Property Office shall properly protect the copyrights held by the University,and if deemed necessary for promoting their use, shall appropriately conduct technology
transfer.
2. The Intellectual Property Office shall be able to take legal proceedings when deemed necessary
for protection of rights as per the preceding clause.
Chapter 3: Miscellaneous Provisions
Article 18. Handling of Joint Authorship with Students
1. In case an employee, etc. intends to transfer to the University, as per the provisions of Article
12 and Article 16, a job-related work jointly authored with a student (here and hereinafter toinclude with multiple students), the student joint author shall also submit to the Intellectual
Property Office a transfer of rights form in a format prescribed separately.
2. In case an employee, etc. intends to create a job-related work jointly with a student, or may do
so in the future, the employee, etc. may have the student submit in advance to the Intellectual
Property Office a separately prescribed consent form indicating consent to the matters listed in5the following items.
(1) In case the University decides to receive the transfer of the copyright to a job-related work
created jointly with the student as per the provisions of Article 12, the student’s share of thework shall be transferred to the University without obtaining consent from the student.
(2) The student shall give consent to the matters prescribed in Article 5 Clause 1 (1) and (2) andin Article 5 Clauses 2 and 3 with regard to the copyrights they hold as co-author.
3. In case an employee, etc. intends to create a research contract work jointly with a student, or
may do so in the future, the employee, etc. shall have the student submit in advance to theIntellectual Property Office a separately prescribed consent form indicating agreement totransfer to the University the student’s portion of the research contract work.
4. In case a copyright is transferred from a student to the University as per the provisions of thepreceding three clauses, the University shall, depending on the type of work for which the
copyright is transferred, treat the student as author as per the provisions of Article 15 or Article
16, and shall be able to pay compensation to the student.
Article 19. Conclusion of Contracts with Other Institutions, etc.
1. When joint research is conducted with another institution, etc., the University shall be able toshare with the other institution the copyrights to research contract works created jointly by
employees, etc. and persons affiliated with the other institution, etc.
2. When the University concludes a research contract with another institution, etc., the employees,
etc. engaged in the research under that contract shall, prior to conclusion of the researchcontract, submit to the Intellectual Property Office a separately prescribed research engagement
consent form.
Article 20. Free Transfer of Job-Related Works and Securing of the University’s Rights
1. When employees, etc. intend to transfer to a third party free of charge the copyright to a jobrelated work to which they hold the copyright, they shall make notification in advance to theIntellectual Property Office in a format prescribed separately.
2. In the case of a research contract work, transfer for free to a third party cannot be made unless
it is after the University has decided not to receive the transfer of the copyright as per theprovisions of Article 11.
3. When transferring a work for free as per the provision of clause 1, and the University asks thatthe third-party recipient be made to grant right of free use of the job-related work for researchor education purposes to the University (here and hereinafter to include persons affiliated with
the University) as per the provision of Article 5 Clause 2, the employee, etc. shall comply by
adopting suitable measures to ensure the third party permits right of free use.
Article 21. Miscellaneous Provisions
In addition to the matters prescribed in these regulations, necessary matters concerning thehandling of works for hire and job-related works shall be prescribed separately.

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Supplementary Provisions
1. These regulations are effective as of April 1, 2012.
2. Of works created before these regulations took effect, those that would be deemed job-related
works under these regulations shall, notwithstanding the provisions of Article 15 of the
Copyright Act, be treated as job-related works from the effective date of these regulations. In
this case, when the author wishes, notwithstanding the provisions of Article 15 of the CopyrightAct, the University shall be able to treat the work as a job-related work and the University shallnot hold the copyright.
Supplementary Provisions
These regulations are effective as of February 26, 2014 and are applicable from February 1, 2014.

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