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.

The 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.

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[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 has continued to examine issues based on "Issues for Future Study on the Copyright Law" (determined by the subdivision in Jan. 2005), in which high priority issues on copyright law were extracted based on systematic perspective, "IP Strategic Program" and so on.
In Dec. 15, 2006, the amended copyright law was enacted. The contents of amendment are as follows:

<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.
* IP multi-cast broadcasting means one of the techniques which make it possible to transmit a large quantity of information by using communication lines. By using closed network, it can transmit broadcasting programs in limited areas. Moreover, only the programs selected by users are transmitted to them from the nearest IP stations.
<2> Expansion of right limitations, etc., correspond to the change of age
· Exemption of the transmission by wireless LAN on the same premises from the scope of "public transmission".
· Establishment of limitation on rights about information service establishments for visually disabled, etc. interactively transmit digitally recorded books solely for visually disabled.
· Establishment of limitation on rights concerning administrative procedure such as reproduction for submitting documents in patent examination procedure, pharmaceutical approval procedure.
· Establishment of limitation on rights concerning temporary reproduction for repair or maintenance of machines.
<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.

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(2) Developing Smooth Distribution Systems

To promote smooth distribution of works, the JCO is implementing the following measures:
<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.
<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.

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(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. The JCO is promoting the construction of antipiracy measures and an international rule to cope with these new circumstances.

<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 violating regions.

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 violations 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, the 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
The 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.
<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.

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(4) Reinforcing Education for Copyright

The importance of Copyright education and promotional activities is clearly announced in the "Basic law on intellectual property" and policy papers of Japanese Government. To implement copyright education and awareness building activities, it is effective and crucial to do so in the formal School Education.

In the Japanese education system, every school from kindergarten to high school has to obey the national curriculum called "Course of Study". The new Course of Study for junior high and high schools adopted by the government in 2002 included a description of matters on copyright protection.

Since 2002, JCO has implemented a comprehensive project for education and promotion of copyright. It is called, "Let's Study Copyright Project" and the project targets every age group from school children to the general adult public.

<1> Activities in Schools
To assist the schools as a part of the project, JCO implements the following activities.
○ Pilot Schools on copyright education :
· Nomination of some schools as "Pilot Schools on copyright education" for practical research and experimental activities.
○ For Students :
· Creation and distribution of teaching materials on copyright protection. They can be accessed at the JCO web site.
○ For School Teachers :
· Copyright Seminar for teachers. It is held once a year and transmitted via net.
· Teaching Model Book on copyright education: "How to use 5 minutes for copyright education?"
<2> Activities for General Public and Specialists
Outside schools, JCO holds a variety of copyright workshop programs for librarians, teachers, officials of local governments in charge of copyright as well as for the general public. JCO is also building a Virtual Copyright Help Desk, which aims to handle inquiries from these people on the JCO web site.
<3> Publications
JCO publishes various publications and pamphlets such as "Copyright Textbook", "Copyright Registration Guide Book ", etc.

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