Calligraphy and Copyright — Working with Poetry

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In early summer 2022 I found a haiku in a newspaper that perfectly captured the rainy season.

I prepared a calligraphy piece on washi paper, but before publishing I checked the poem’s copyright status and discovered it was still protected. I decided not to publish.

That experience prompted me to examine copyright issues when using poetry in calligraphy.

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Copyright Basics and Our Approach to Creating Art

In Japan, copyright generally arises automatically when a work is created, provided it meets the legal requirements for copyright protection. Poems, written texts, photographs, and paintings may all be protected by copyright.

For works by individual authors, copyright protection generally lasts for 70 years after the author’s death.

Once the copyright term has expired, a work may generally be used without permission from the copyright holder. However, translations, annotations, and other separately created materials may have their own copyright and should be checked individually.

At Gallery μ, when we work with poetry that is still protected by copyright, we check the relevant rights and obtain the necessary permissions before publishing the work.

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What to Consider When Creating Calligraphy

Copyright Matters Both When a Work Is Created and When It Is Published

Using a poem that is still protected by copyright may require permission, depending on how it is used. This applies to creating a calligraphy piece based on the poem as well as publishing the resulting work online, unless a statutory exception applies.

The relevant rights and permissions depend on the specific use.

Quotation Is Not Automatically Permitted Just Because You Credit the Source

Under Japanese copyright law, quotation is permitted when the legal requirements are met. Simply acknowledging the source does not make every use permissible.

Factors to consider include the purpose and scope of the quotation, whether the quoted material is clearly distinguishable from the surrounding text, and whether the source is properly acknowledged.

Reproduction and Adaptation in Calligraphy

Reproduction

Making a copy of an existing work through printing, photocopying, hand-copying, or other methods.

Adaptation

Creating a new expression through creative changes while preserving the essential characteristics of an existing work.

Creating a calligraphy piece does not automatically qualify as an adaptation.

Whether a work constitutes an adaptation depends on the circumstances, including whether the new work was created with reference to the original and whether the original’s essential expressive features can still be directly recognized in the new work.

If an adaptation meets the legal requirements, the resulting work is known as a derivative work. Copyright may protect the new creative elements contributed by the person who created it.

If copyright in the original work remains in force, the original copyright holder’s rights must also be taken into account when the derivative work is used.

References

The following resources are in Japanese.

A Final Thought

Calligraphy offers a unique way to bring poetry into visual form, but it also raises copyright questions.

At Gallery μ we aim to balance artistic expression with respect for authors’ rights by checking copyright status, seeking permission when necessary, and documenting permissions.


Note: This article outlines general principles of Japanese copyright law and is not legal advice. Copyright terms and exceptions vary by country.

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