III. DEVELOPMENT OF COPYRIGHT PROTECTION POLICIES FOR ADVANCED INFORMATION AND COMMUNICATION NETWORKS
[Background]
With the advancement and the diversification of information technology, we are using a large variety of methods for creating and using literary and artistic works, thus spreading numerous works more extensively across the globe. As a result, an increasing number of people are being involved in copyrights.
In light of this new environment, including spread of the Internet, the World Intellectual Property Organization (WIPO) adopted the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) in 1996. Japan consecutively revised relevant laws and regulations in 1997, 1999, 2000, and 2002 in line with these treaties. The country acceded to the WCT in 2000 and the WPPT in 2002.
The Japanese government has been endeavoring to effectively protect and use intellectual property, ranging from animated cartoon and music to inventions and plant varieties. In February 2002, for achieving the goal of making Japan an "intellectual property - based nation", Strategic Council on Intellectual Property Rights was set up in Japan to deal with a diversity of problems under the initiative of the Prime Minister. In July, the Council released Intellectual Property Policy Outline. In December, Basic Law on Intellectual Property was enacted. Intellectual Property Policy Headquarters was set up in March 2004. And in July, "Strategic program for the creation, protection and exploitation of Intellectual Property" was issued and has been built up annually to implement policies stipulated in the law. Meanwhile, the Council for Science and Technology Policy and the Judicial Reform Headquarters are extensively discussing how to properly protect intellectual property.
JCO, which is in charge of copyright issues and procedures, has designated strategic fields for developing a comprehensive copyright policy: (1) streamlining laws and regulations, (2) developing smooth distribution systems, (3) dealing with international issues, (4) reinforcing education on intellectual property.
[Strategic Actions]
(1) Streamlining Laws and Regulations
1. The Copyright system in the information age
Japan was one of the first nations to grant new rights under a copyright law to cope with legal problems involving the Internet. To be more precise, the country took the lead as early as 1986 in granting the author of a work the right to forbid the transfer of the work on the Internet without permission. In 1997, the same right was extended to performers and producers of phonograms.
Further, with the advent of the so-called broadband age, the Copyright Law was amended in June 2002 to give the same right to broadcasting organizations and wire diffusion organizations, aiming to deal with illegal retransmissions of TV programs on the Internet.
Today, Japan is the country to have a comprehensive legal system covering works, performances, phonograms, broadcast programs, and cable broadcast programs.
2. The latest trend and future assignment
The Subdivision on Copyright of the Council for Cultural Affairs have been studying mainly the issues reported at the subdivision meeting, taking into consideration new issues in response to social demands added by the Intellectual Properties Strategies Headquarters, established within the Cabinet.
In Dec. 15, 2006, the amended copyright law was enacted. The contents of amendment are as follows:
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<1> Facilitating simultaneous retransmission of regular broadcast programs by IP multi-cast broadcasting In order to realize the simultaneous retransmission of regular broadcast programs by IP multi-cast operators smoothly, the rights of performers etc. are limited to a certain degree. On the other hand, the remuneration right for simultaneous transmission of the programs by cablecasting organizations is granted to them based on expansion of cablecasting business.
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<2> Expansion of right limitations, etc., correspond to the change of age
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| <3> Ensuring effectiveness of protection of copyright and related rights Repeated Exportation or possession for exportation of pirated goods by a person who is aware of such infringement are newly included as an object of regulative control. Also, maximum punishment concerning copyright and related right infringement raised imprisonment up to 10 years, fine up 10 million Yen for natural person, up to 300 million Yen for legal person. In Jan. 2009, the results of the meetings in 2007 and 2008 were gathered and summarized as a report by the Subdivision on Copyright of the Council for Cultural Affairs. In Mar. 2009, a bill for the partial amendment of the Copyright Act, which considered this report, was submitted to the Diet, passed in June, and enforced in January 1, 2010. In 2009, three subcommittees were set up within the Subdivision on Copyright of the Council for Cultural Affairs: the Basic Issues Subcommittee, the Legislative Issues Subcommittee and the International Subcommittee. The three subcommittees considered a diverse array of issues. Specifically, the Basic Issues Subcommittee discussed the present significance of copyright in increasing digitization/networking. The Legislative Issues Subcommittee handled "general regulation of rights restrictions", "issues relating to creation by multiple parties on the Internet", and "indirect violations", which are urgently discussed under the Intellectual Property Strategic Program 2009. The International Subcommittee discussed the effective formation of rules for international jurisdiction and governing laws. Each subcommittee reviewed the progress of examinations, rearranged the remaining and other issues, and summarized the progress of their examination. In 2010, the Subdivision on Copyright of the Council for Cultural Affairs will continue to discuss these and other issues. |
(2) Developing Smooth Distribution Systems
To promote smooth distribution of works, the JCO is implementing the following measures:
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<1> The precise implementation of the Law on Management Business of Copyright and Neighboring Rights In accordance with a proposal of the Subdivision on Copyright of the Council for Cultural Affairs in January 2006, JCO is promoting to strengthen the guidance and control over management business operators. |
| <2> Research and study on the current situation of the contracts concerning visual contents in foreign countries JCO has broadly researched and analyzed the current situation of the contracts concerning visual contents not only in Japan but also in foreign countries for the purpose of making basic data which are useful in discussion on facilitation of contracting system or in actual contract negotiation by stakeholders. In Oct. 2009, JCO held a symposium which is related to this research and study. |
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| <3> Spread of "free use mark" In order to promote smooth circulation of works, a special label was introduced in 2003 under the name "free use mark" to allow content authors to show their will to consent free use of works in certain conditions. Active efforts are being undertaken to promote the use of the mark through the dissemination of pamphlets among regional public bodies, educational institutions, and related organizations, and through the organization of specialized training sessions on copyright issues. In addition, a research on the creation of new type of "free use mark" for the exploitation of works through the Internet is being undertaken from 2007 in order to release in 2010. |
(3) Dealing with International Issues
As more people use digitized information and access digital networks, they are able to copy a variety of works on the Internet more easily. At the same time, digitized works are being distributed more actively across national borders. JCO is promoting the construction of antipiracy measures and an international rule to cope with these new circumstances.
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<1> Strengthening antipiracy measures for the Asian region While interest has been growing in recent years in works created in Japan, including musical products and game software, illegal copies of such Japanese works are being produced and distributed on a large scale outside Japan, especially in other Asian regions, causing serious problems for Japanese right holders. To prevent the production and the distribution of pirated copies, it is essential to provide an environment that allows Japanese copyright owners to take prompt actions in the regions where copyright infringementcs occur. It is also important to build bilateral and multilateral frameworks that prompt concerned parties to streamline their copyright system through participation in related international conventions and set up a copyright management organization. If copyright infringements are mainly due to insufficient organization or administration of the legal system of a country, then we must require the country to initiate corrective measures in accordance with the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). In addition, JCO has supported the activities of an organization, called Contents Overseas Distribution Association (CODA), which aims to monitor illegal activities and handle judicial actions on behalf of copyright-related organizations and the contents industry. It has also endeavored to make strong demands on concerned countries in bilateral and multilateral negotiations so that they will strengthen control of illegal acts. |
| <2> Reinforcing Education for Copyright for Asian region JCO has long extended support, such as compilation of manual for the more effective use of civil and criminal procedures, publication of "Asian Copyright Handbook" for Asian people to reinforce education for copyright and implementation of cooperation program to enhance copyright systems for Asian nations cooperation with WIPO. In addition, it has also provided some programs inviting officials from Asian country to learn copyright systems in Japan several times a year. |
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| <3> Participation in international effort to establish standardized rules In addition to the Berne Convention, the Rome Convention, and TRIPS, Japan acceded to the WCT and the WPPT. The country is also playing an active role in promoting discussions on the establishment of new treaties concerning audio-visual performances and the broadcasting organization, while at the same time encouraging Asian nations to ratify WIPO treaties, including the WCT and the WPPT. |
(4) Reinforcing Education for Copyright
It is becoming more important to have higher awareness and more knowledge about copyright. To cope with this circumstance, the national curriculum called "Course of Study" for junior and senior high schools prescribes the coverage of copyright in classes.
In order to spread the knowledge of copyright, JCO holds seminars in each place of Japan. Each year, seminars are held at about thirteen locations for the general public, officials of local governments in charge of copyright, librarians and teachers.
Also JCO prepares and provides teaching materials for various kinds of people. As for teaching materials, software to teach students about copyright, a collection of guidance cases for teachers, videos for college students and corporations, textbooks for beginners, and a Q&A database about copyright are offered via website [Japanese only]).