Remuneration System for Public Transmissionof Copyrighted Work in School Lessons

Guide to Filing aUsage Report～Table of contents～
1 Introduction …………………………………………………………………………………… 22 Overview of usage reports ……..…………………………..…………………………………… 3
3 Copyrighted works, etc. requiring a usage report ………………………………...………… 4
4 How to file a report when multiple copyrighted works, etc. were used together ………………10Inquiries ……………………………………………………………………………………… 11April 2024

Society for the Administration of Remuneration
for Public Transmission for School Lessons（SARTRAS）
1

１ Introduction
By having the founding organization of an educational institution pay a prescribed amount ofremuneration, the Remuneration System for Public Transmission of Copyrighted Work in School
Lessons (hereafter referred to as “this system”) allows persons such as instructors and students totransmit, via the Internet and other means, publicly released copyrighted works and other materials as
part of classes without obtaining permission from the rightsholder.
In keeping with Article 35 of the Copyright Act, the remuneration paid by the founding organizationof an educational institution is collected by SARTRAS, the only body designated to do so by theCommissioner of the Agency for Cultural Affairs. SARTRAS then distributes that remuneration to therightsholders (copyright holders, neighboring rightsholders, etc.) of the copyrighted works that weretransmitted as part of a class.
To ensure the proper distribution of remuneration, it is vital to identify the rightsholders of copyrighted
works and other materials that were publicly transmitted as part of a class or other activities. To thatend, SARTRAS is currently requesting that usage reports be submitted as part of a sample survey.
We apologize for any extra burden this may place on the participating institutions, and we thank you
for your understanding and cooperation.
Society for the Administration of Remuneration for Public Transmission for School Lessons（SARTRAS）◆Regarding Article 35 of the Copyright Act
To publicly transmit copyrighted works and other materials under this system, it is necessary
to fulfill all the requirements stipulated in Article 35 of the Copyright Act.
For information about these requirements, please refer to the “Guidelines for Article 35 of
the Amended Copyright Act (改正著作権法第 35 条運用指針)” contained in the “Forumfor Related Persons Regarding the Educational Use of Copyrighted Materials (著作物の教育利用に関する関係者フォーラム)” (hereafter referred to as the “educational copyrightsforum”).
https://sartras.or.jp/unyoshishinfortranslation/◆Please use the most recent edition of this guide.
Changes and upgrades will be made to the usage report entry form in the future. This will
also necessitate changes to this guide, so make sure that you have the most recent version athand. You can access the latest version of this guide on the entry form website, under“Related materials.”2

2 Overview of usage reports
Usage reports will be filed by approximately 1,800 educational institutions (in the case ofuniversities, faculties are counted separately) chosen to participate in the sample survey.

Survey period and deadline
Survey period: Dates indicated to each participating institution by SARTRAS（1 month in principle）※However, July-August surveys will be conducted for those months minus the summer break.
Deadline: The final day of the month following the survey period, in principle
Survey periodApril 2024
MayJuneJuly
July-August
SeptemberOctoberNovember
DecemberJanuary 2025
February
MarchDeadline
May 31, 2024
June 28
July 31
September 30
October 31
November 29
December 27
January 31, 2025
February 28
March 31
April 28

How to file and submit reports
All usage reports will be filed, confirmed and submitted through the TSUMUGI usage report
entry form. Please refer to the separate operation manual for details on how to operate"TSUMUGI" and the submission process.

33 Copyrighted works, etc. requiring a usage report▼Usage reports are required when copyrighted and other works belonging to a third party are“publicly transmitted”※ as part of a class under Article 35 of the Copyright Act (this includes
preparation for a class and later review).
※ Public transmission

Situations including teachers sending to students – through the Internet or otherchannels – teaching material data that contains copyrighted work belonging to a third
party, or having students in an online class look at or listen to the copyrighted workof a third party or teaching materials containing the copyrighted work of a third party.
It also constitutes public transmission if students engage in such activities.
Recently, online class tools such as Google Classroom and LoiLoNote School,
meeting tools such as Zoom, and universities’ learning management systems arebeing used to share classes and teaching materials. These situations also constitutepublic transmission.
However, should the sending and receiving of copyrighted materials take placeentirely within a single institution, using servers located physically within thatinstitution, that does NOT constitute public transmission.

Examples of copyrighted works used in class
Materials such as the following are typically viewed as copyrighted materials.
・Text・Photographs
・Illustrations, artworks (including designs)
・Charts (maps, drawings, tables, graphs, etc. of an academic nature)
・Comics
・Exam questions
・Lyrics, sheet music・Music (including music videos)・Audio that does not include music
・Videos
・Broadcast programs
・Computer program code
Copyrighted materials are contained in media such as the following:・Books (including electronic publications)4

・Magazines (including electronic editions)・Newspapers (including electronic editions)・Authorized textbooks※, teacher's manuals, accompanying digital content, etc.
・Past exam questions
・The Internet・Music CDs
・Video DVDs, Blu-rays, etc.
・Booklets, pamphlets, etc.
・Broadcasts (TV, radio)
・Internet transmissions of teachers, students or others engaging in such performances as dance,theater or music
・Live or recorded video or audio of such situations as classes, field days or school art festivals inwhich copyrighted and other materials were used (for example, playing music or choral
performances, reciting works of literature, performing dance or theatre, etc.)※ Authorized textbooks have passed the screening process of the Education, Culture,Sports, Science and Technology Minister and are used in elementary, junior highschool and high school classes. Specialized books and other materials that
universities and other institutions designate as textbooks are NOT considered“authorized textbooks.”

Please refer to the chart on the next page regarding copyrighted and other materials that require a usage
report.

5

Copyrighted and other materials that require a usage report
Did you transmit copyrighted material?

NO→

Content such as commonly used expressions andsimple facts do not constitute copyrighted material,
so a report is NOT required.

NO→

If not, this situation does not constitute usage underArticle 35 of the Copyright Act, so a report is NOTrequired. Please note that depending on the modeof use, it may be necessary to obtain permission
from a copyright management service or arightsholder, or the situation may fall under"Examples of rights limitations under the CopyrightAct" described in the Operational Guidelines.

NO→A usage report is NOT required for copyrighted andother works belonging to such persons as theteacher or students taking a class.

NO→In principle, the protection period for copyrightedworks ends 70 years after the rightsholder’s death.
※ After that point, a usage report is NOT required.
Please refer to (1) in the Supplement regarding
neighboring rights.

YES↓

Is this a class involving a person in charge ofeducation and a person/persons taking
classes at a school or other educational
institution?

YES↓
Is the material used in class the copyrighted
or other work of a third party?

YES↓
Is the copyright of the work within theprotection period?

※Calculated from the year following
the rightsholder’s deathYES↓

Did you publicly transmit the copyrighted orother work?

NO→A usage report is NOT required when copyrighted
or other work was not transmitted through suchchannels as the Internet; for example, when
physical copies were made and passed out. Areport is also NOT required when the sending andreceiving of copyrighted materials takes placeentirely within a single educational institution, using
servers located physically within that institution.

NO→A usage report is not required when copyrighted
materials were publicly transmitted for a “remotejoint school lesson.”
However, if such works were publicly transmitted
during a remote joint school lesson to theterminals of students who were in the sameclassroom as the teacher, proceed in the directionof YES on this chart regarding those materials.

YES↓
The copyrighted or other materials were nottransmitted for a “remote joint school
lesson” (in which some students were in theclassroom with the teacher while others
were taking the same class at anotherlocation, see (9) in the Supplement below)

YES↓
Based on the Operational Guidelines (2021edition) for Article 35 of the revised
Copyright Act, published by the “Forum forRelated Persons Regarding the Educational
Use of Copyrighted Materials,” do you
believe the material can be used within thescope of Article 35 of the Copyright Act?
Points:・Is it within the limits where use is accepted
to be necessary?
・Is there a possibility the rightsholder’sinterests
could
beunreasonably
prejudiced?
・Do other rights limitations apply?

A usage report is not required when copyrighted
works are used "beyond the limits deemednecessary" or in a manner that "may unreasonably
prejudice the interests of the rightsholder." In thiscase, you will need to obtain permission from a
copyright management service or rightsholder.

NO→Additionally, if use of the materials falls under the"Examples of rights limitations under the CopyrightAct” described in the Operational Guidelines, there
is no need to file a report. They may be usedwithout permission.

YES↓
File a report on the usage of the relevant
copyrighted or other materials.

6

【Supplement】(1) In addition to copyrights, sound and image recordings such as CDs and movies involve theneighboring rights of performers (such as singers, musicians and actors), record producers,
broadcasters, and cable broadcasters. Please provide as much information as you can toidentify the copyrighted materials used and the sources from which they were obtained.
Performances are protected for 70 years from the time of the performance※; records for 70
years from the time the record was issued※; broadcasts and cable broadcasts for 50 years fromthe time the broadcast took place※.
※These protection periods begin from the year following the performance, issuance of therecord, broadcast or cable broadcast.
(2) Using an entire authorized textbook, book, etc., or using a large portion of it in multiple classes– even if only a portion is used for each class – may unreasonably prejudice the interests ofrightsholders, according to the Operational Guidelines. This is an example of a case where theprescribed remuneration will not cover the usage of the material. Please read the Operational
Guidelines carefully before using the material and filing a report.

(3) Within the “Examples of rights limitations under the Copyright Act” listed in the Operational
Guidelines, no report is required if the requirements in Article 32 of the Copyright Act
regarding quotations are met.
A quotation must be:① Taken from a publicly released copyrighted work
② Consistent with fair practice③ Within a scope that is justified for the purposes of news reporting, criticism, research, andother activities.
Specifically, care must be taken regarding the following points:
Ａ） It is necessary to quote the copyrighted work of another person.
Ｂ） One’s own copyrighted work and the quoted portions of another person’s work must beclearly distinguished from each other through the use of quotation marks or other means.
Ｃ） The hierarchal relationship between one’s own copyrighted work and the quoted portionsof another person’s work must be clear (with one’s own work being the main material andthe quoted portions being subordinate)Ｄ） Sources must be clearly stated.
※Please decide based on the above requirements whether your usage of the material falls under
the definition of a quotation.

7

(4) A usage report is NOT required when instructors or students create and publicly transmit works
to which they hold the copyright.
→Should instructors or students’ creations incorporate the copyrighted works of third parties,
a usage report IS required regarding that third party’s copyrighted work.
(5) A usage report is NOT required when you have made reproductions that are allowed without
permission or remuneration, such as distributing paper copies of copyrighted material for a faceto-face class.
→However, a usage report IS required if you publicly transmit the copyrighted work ofwhich you made paper copies (reproductions).
(6) A usage report is NOT required when you publicly transmit – at the time of the actual exam –exam problems that utilize a copyrighted work that was created for the exam.
→A report IS required for the public transmission of exam problems after the original exam isover and they have become problems from a past exam.
(7) A report is NOT required when students are simply informed of the already publicly released
URL of a web page, YouTube video or other content.
→However, if you provide a URL for viewing content such as teaching materials or videos thatwere created and uploaded for classes (including real-time streaming of special activities suchas field days), and the teaching materials utilize the copyrighted work of a third party, thatusage becomes subject to remuneration. In that case, a report IS required.
(8) A report is NOT required when you use copyrighted materials in connection with the use ofdigital textbooks for students for the textbooks’ original purpose→When extracting works, photos, etc. published in a digital textbook for students to create
separate teaching materials, and distributing those teaching materials to students, a usage
report IS required if these actions cannot be defined as “using digital textbooks for students.”→A usage report is required if digital textbooks for students, digital textbooks (teachingmaterials) for instructors, or electronic media scanned from paper textbooks are publiclytransmitted for classes.
(9) A report is NOT required when you use copyrighted materials in a “remote joint school lesson”→ Copyrighted materials can be used free of charge and without permission in a real-time “remotejoint school lesson” (※) in which a teacher and some students are in the classroom from whichmaterials are transmitted. However, a usage report IS required if a remote joint school lesson
is recorded and that recording is publicly transmitted.

8

※ “Remote joint school lesson”
When paper copies of a third party’s copyrighted materials are distributed to students in a classroom
by the transmitting side, and the same materials are publicly transmitted in real time to the receivingside described in (1) or (2) below, that constitutes a remote joint school lesson.
【Transmitting side】
Instructor, students (classroom)【Receiving side】① Instructor, students (other classroom)② Only students (can be in location
other than classroom)※If a class is simultaneously held face-to-face in a classroom and online, reporting IS required in
the following two situations:A) Teaching materials that include copyrighted works of third parties are publicly transmitted tostudents’ tablets, computers, etc. during face-to-face lessons (this does not qualify as a “remotejoint school lesson.”)B) Teaching materials for a lesson that include copyrighted works of third parties are publiclytransmitted to students before or after the lesson.

9４ Reporting the use of multiple copyrighted works
In principle, a separate report should be made for each of the copyrighted works used in asingle teaching material.
When one publicly transmitted teaching material (one file) contains more than a single copyrighted
work, report the use of each work separately. E.g., if three works are used, three separate reports mustbe submitted.

② Photo① TextIf a photo and anillustration

The name of thepublishedcopyright holder
maybePhoto/Chi Shibahara

near the work

textbooknewspaper

③ Art

ora

article,please report all threeinside

as examples of “Text,”

front cover, or inthepage of a literary work,

aof contents, onthetheor a publication such as

itself, in the tableonwithmain text on the samelisted

the front cover,are“Photo” and ‟Art.”

publisher’s

inscription.
Illustration/Chi Shibahara

Text/Hanayo Ueki

※In the case of authorized textbooks, everything in principle constitutes a copyrighted work－texts,
photos, explanatory texts for illustrations, etc. Therefore, when you publicly transmit part of anauthorized textbook, report all works within the scope of the usage, including the main text. Identify
the title of each work used, not the title of the textbook.

10Inquiries
Please contact the organization below with any questions you may have about filinga usage report or other matters. In some cases, you may be asked to speak with youreducational institution regarding the content of your report.
【Contractor】 Public Opinion Research Center〒160-0004 5F, Kawabe Shinjuku Gyoenmae Building,
4-16-3 Yotsuya, Shinjuku-ku, Tokyo
Phone: 0120-551-346（Toll-free）
Open weekdays 9:30～17:00（Closed weekends and holidays）
Email: jugyomokuteki@yoron-kagaku.or.jp
Website: https://www.yoron-kagaku.or.jp

11