著者

西台 満 Michiru Nishidai

出版者

秋田大学教育文化学部

雑誌

秋田大学教育文化学部研究紀要 人文科学・社会科学 (ISSN:1348527X)

巻号頁・発行日

vol.66, pp.1-6, 2011-03-01

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According to the common view, the construction of an artistic building based on a stolen draft constitutes an infringement of the copyright of an architect. On the other hand, the manufacture of machines based on the stolen draft doesn't. Because, while a building is stipulated as a literary work at Copyright Act article 10th, a machine isn't. But l insist first that article 10th only shows the main examples of literary works and actually specifies so at the beginning of the article, and second that both a machine and its blueprint can have the originality which is essential to the works. A machine can have the technical inventiveness as well as a building can have the esthetic creativity.