Moral rights differ from normal rights to a copyright in that they serve to protect an author’s image even in cases where there is otherwise no infringement. For example, an author’s moral rights might be violated when his or her work is used in a way that damages the author’s reputation, such as if a composer’s religious hymn is used as the background music for a pornographic movie. Even if this behavior would otherwise not infringe on the author’s copyright, the author may claim that his or her moral rights have been infringed by use of the work.
Most owners of copyrights will be interested in the civil penalties associated with unjust enrichment based upon their work. However, Japanese law also authorizes criminal penalties in certain circumstances of copyright infringement.
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.