Copyright System in Japan

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 Strategy Headquarters was set up in March 2003. 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.

back to Contents

[Strategic Actions]

【1】Streamlining Laws and Regulations
　　

1.The Latest trend and future assignment

The Subdivision on Copyright of the Council for Cultural Affairs has discussed numerous issues concerning copyrights in response to rapid progress of the digital and network society, as well as social demands described in the Intellectual Properties Strategies.

(1)　Latest amendment to the Copyright Law

The Partial Amendment to the Copyright Law, which aims to accurately meet the various copyright user needs created by progress in digital network technologies, was enacted in May 2018. The revisions are based on the“Report of the Subdivision on Copyright, Council for Cultural Affairs” (April 2017). It revises the scope of actions requiring the permission of right holders and aims to make it easier to use copyrighted material in archives for educational purposes and for usage by persons with disabilities, art gallery and so forth. The specific contents are as follows.
With the exception of ②, these revisions are planned to come into effect on January 1, 2019. ② will be executed on a date prescribed by ordinance within 3 years of the promulgation of the law

①	Development of flexible provisions of limitations on copyrights(1) Given that needs to create and develop services using copyrighted works, such as the use of AI and big data, have arisen due to technical innovations, the new flexible provisions will make it possible to use copyrighted work without right holder permission if the purpose is a service or some other function (2) that uses big data and that does not cause damage to the copyright market. Moreover,in an effort to promote innovation, the revisions include somewhat abstract provisions of limitations on rights in order to accommodate potential future uses of copyrighted works that may come about due to progress in information technology. (1) The Copyright Law in principle prescribes that the permission of the right holder is required when using copyrighted works and identifies exceptions to this as “provisions of limitations on rights.” (2) For example, location search services (e.g., searching for book information) or information analysis services (e.g., academic plagiarism checks).
②	Promoting ICT use in education In recent years, education using ICT is considered to have become important to improve the quality of education by proactive learning through flip teaching,etc., and expand education opportunities and the resolution of issues in the copyright system is required to promote this. As a way to improve educational quality through ICT use, in case teachers want to use other people’s copyrighted works to create teaching materials for school lessons, preparation and revision as well as share them with students via a network, the revisions allow them to do so without right holder’s permission, on the condition of paying compensation.Moreover, in addition to the legal revisions, it is expected to rganize trainings and information campaigns about legal matters in educational institutions, formulating guidelines on how to interpret the law, developing a license environment through initiatives centering on the relevant parties to solve legal operational challenges.
③	Enhancement of opportunities for persons with disabilities to access information In June 2013, the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled was ratified (entering into force in September 2016). In preparation of the Marrakesh Treaty, the revisions allow the creation of audiobooks for visually and physically impaired persons without right holder permission since they are unable to handle physical books.
④	Promoting archives The new law made it easier to utilize copyrighted works in archives as the promotion of such usage will contribute to Japan’s cultural evelopment.If made it possible to present images of artworks online without permission for the purpose of providing the general public with information about works exhibited at art galleries and similar institutions, for example by making it possible to read commentaries on the works on tablets and other electronic devices. Furthermore, the new law not only removed the need to deposit compensation in advance, when the state or local governments seeks a ruling on works for which the right holder is unknown, but also made it possible for the National Diet Library to send out-of-print materials to libraries abroad and others.

(2)　Discussions at the Subdivision on Copyright

The Subdivision on Copyright of the Council for Cultural Affairs is discussing how to revise the copyright system in accordance with changing conditions for copyright and related social demands. In FY2017, the following matters were discussed in particular.

①

Response to “leech” sites which provide links to infringing content

Since the activities of so-called leech sites(*) which provide links to infringing content, etc. facilitates access to infringing content and fosters copyright infringement, examination of measures to tackle such activities is required. The Subdivision is hearing opinions from parties concerned on the actual situation with regard to leech sites, etc. and requirements in relation to the copyright system, and it discusses measures while taking the balance between protection of rights and freedom of expression into consideration so as not to overly restrict use of the Internet.
(*) Websites which do not post content themselves but which provide information on links to infringing content stored on other websites, thus linking users to infringing content

②

Appropriate return to the creators

Given the argument that the Private Copying Levy System introduced in 1992, which charges those who record music or TV programs for private use on dedicated devices or media with compensating right holders, is no longer in tune with the reality of sound and video recording, owing to the emergence of new devices and services, the Subdivision discussing how creators can be suitably remunerated.

【2】Promoting Smooth Distribution Systems

Widespread Internet use, together with the digitalization of copyrighted works, has meant that the form of distribution of copyrighted works has been dramatically changed. In this situation, JCO takes the following measures in terms of the promotion of distribution of copyrighted works.

(1)Appropriate operation of the Law on Management Business of Copyright and Related Rights

As for the management of copyright and related rights, the Law on Management Business of Copyright and Related Rights, went into effect in 2001 in response to the progress of deregulations, regulates collective management system for copyrighted works, which is widely used for the convenience of users of copyrighted works and for increasing effectiveness of rights management. The registered 27 copyright management entities are doing business under the Law (as of July 1, 2019). JCO supervises the collective management of copyrights that conduct these operations through collection of annual business reports and regular on-site inspections based on the Law.
Furthermore, in FY2017, the Japanese Society for Rights of Authors, Composers and Publishers submitted a set of rules for the collection of usage fees when music is performed in music classes and in similar location, in response to which the Society for the Protection of Music Education, which represents users, requested a ruling by the Commissioner for Cultural Affairs to defer the enforcement of the rules. Based on a report from the Council for Cultural Affairs, the Commissioner for Cultural Affairs ruled that the enforcement of said rules would not be deferred as well as notified the Japanese.
Society for Rights of Authors, Composers and Publishers of the suitable measures to be implemented for the enforcement of the rules.

(2)Compulsory license system for the use works etc. in case where the copyright owner is unknown

In cases where the copyright owner is unknown, under the authority of a ruling issued by the Commissioner of the Agency for Cultural Affairs, JCO grants compulsory license for the legal use of such works etc.
In FY2018, JCO issued licenses concerning the use of 35,816 works in books or for performance in broadcast programs and others. Moreover, in FY2017, as a way to facilitate easier use of the ruling system, the ruling application fee was revised by government ordinance from 13,000 yen to 6,900 yen on the basis of operational performance of recent ruling procedures (enforced April 1, 2018).
Furthermore, we have been engaged in the new project Inspections to Consolidate Contents Rights Information since FY2017 for the purpose of making contents rights management smoother.

back to Contents

【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.

1.Participation in International Rulemaking

(1)Response to the Trans-Pacific Partnership (TPP)

The Trans-Pacific Partnership (hereinafter the “TPP 12”) is a comprehensive economic partnership agreement signed by 12 member countries in the Asia-Pacific region. It aims not only to reduce or eliminate tariffs on goods but also to promote liberalization of services and investments and to write new rules for the 21st century in a wide range of industries. The TPP 12 also makes various provisions concerning intellectual property rights including copyright and seeks to promote the protection and use of intellectual property rights.
With regard to some matters included in the copyright provisions agreed in the TPP 12, such as extending the term of protection for copyrighted works, etc. and making certain crimes of copyright infringement prosecutable without the need for a formal complaint, the “Act for the Establishment of Relevant Laws to Accompany the Ratification of the Trans-Pacific Partnership (hereafter “Preparation Law for TPP 12”)”, which includes some amendments to the Copyright Act, was enacted on December 9, 2016 following examination by the Copyright Subdivision of the Council for Cultural Affairs. The amendments to the Copyright Act were to take effect on the date on which the TPP 12 enters into force in Japan.
Subsequently, in January 2017, as the United States signaled their withdrawal from the TPP12, the remaining 11 countries conducted negotiations, which resulted in the signing of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter the “TPP11”). With the conclusion of the TPP11, the Partial Amendment to the Law for Preparing Laws Related to the Conclusion of the Trans-Pacific Partnership Agreement was created in June 2018. The laws related to the TPP11, including the revisions to the copyright law, are to be enacted on the day the TPP11 comes into force in Japan.

(2)　The Japan–EU Economic Partnership Agreement (EPA)

The Japan–EU EPA is an economic partnership agreement with the EU, an important global partner of Japan. Negotiations commenced in March 2013 and a deal was reached in December 2017. As a model for the 21st-century economic order, the Japan–EU EPA contains a variety of regulations in the area of intellectual property that aim to promote both the protection and the utilization of such properties.
In the area of copyright, we agreed with the EU that copyrighted works should be protected for 70 years after the death of the creator.
From here on, we will be taking measures ecessary for enabling an early signing of the Japan–EU EPA in step with the schedule for the conclusion of the agreement.

(3)　Items Relating to WIPO

Additionally, WIPO (World Intellectual Property Organization) is currently holding discussions on the formulation of new treaties on broadcasting organizations, and Japan is actively part of those discussions. In June 2012, the Beijing Treaty on Audiovisual Performances was adopted, and in June 2013, the Marrakesh Treaty for facilitating access to and use of copyrighted works for the blind, visually impaired and otherwise print disabled was adopted. The conclusion of the Beijing Treaty on Audiovisual Performances was adopted by the Diet in May 2014 and Japan acceded to the Treaty in June 2014.
The conclusion of the Marrakesh Treaty was similarly adopted by the Diet in April 2018. Japan has been actively participating in discussions the formulation of new treaties on broadcasting organizations and other frameworks.
In addition, JCO is encouraging Asian countries to conclude treaties related to copyright as they are negotiating economic partnership agreements (EPA).

2.Anti-Piracy Initiatives Overseas

The copyrighted works of Japan such as manga, animation, music, movies and video games have become highly popular, mainly in Asian countries. On the other hand, large volumes of pirated copies have come to be produced, distributed and also infringing copyrights on the Internet in such countries, which is now a grave problem that cannot be ignored.
To cope with this problem, JCO proactively takes the environmental improvement to ensure the effectiveness of exercising owner’s right.For example, the following measures are taken to help Japanese copyright owners exercise their rights in other countries:

	(1)Encouraging better control in countries and areas where infringements occur through inter-government talks.
	(2)Training for government officials in countries and areas where infringements occur.
	(3)Awareness raising on copyright for general consumers in countries and areas where infringements occur.

back to Contents

【4】Reinforcing Education for Copyright

Having awareness and knowledge of copyrights are increasingly important today,and the current junior and senior high school curriculum guidelines stipulate copyrights to be taught.
The Agency for Cultural Affairs holds lecture classes throughout Japan and creates and provides materials. Concerning lecture classes, the Agency holds classes for the public, officers in charge of copyrights in each prefecture, library workers, etc. and teachers in more than 10 locations every year. In addition, with regard to materials,specifically, the Agency for Cultural ffairs widely provides software on learning about copyrights for pupils and students, collections of cases of guidance for teachers, video materials for university students and corporations, textbooks for beginners, and the “Naruhodo Shitsumonbako” Q&A database on copyrights etc. through the website of the Agency for Cultural Affairs website[Japanese only].

back to Contents

To Page of Top