Not all unauthorized uses of copyrighted material can be the basis for a infringement litigation. Some types of behavior that would otherwise be infringing are allowed under the Copyright Act. For example, use of copyrighted material in schools for educational purposes is generally allowed under the Copyright Act. Therefore, if a teacher copies passages out of a novel to create homework for his or her students, the copyright owner cannot sue the teacher for infringement.
Owning a copyright prevents others from copying your work. This is helpful to maintain the integrity of your brand but merely preventing copying by itself does not generate any revenue for the copyright owner. In order to monetize your copyrights, it is important to enter into licensing agreements with other parties who wish to copy your work.
Licensing a copyright isn’t the only way to monetize it. It is also possible to sell all or part of a copyright to other parties. Selling a copyright in its entirety is relatively simple and easy to understand, but selling a copyright in parts is also a valid way for the copyright owner to make the most efficient use of his or her intellectual property.
Winning a copyright infringement action in Japan usually entitles the copyright owner to money damages from the infringing party. The three main types of damages awarded in copyright infringement cases are: damages based on the unlawful profit, damages based on the lost profit and damages based upon a reasonable license fee. Which type of damages a copyright owner chooses to pursue can have a big impact on the amount of money recovered in successful litigation.