Appendix 2

About using third party materials
Under the 2018 amendment of Article 35 of the Copyright Act, the Compensation
System for Public Transmission for Educational Purposes (Compensation System),starting in April, 2021, has made it possible to publicly transmit third party materials(audiovisual materials/handouts) without obtaining the authorization of the copyrightowner in order to facilitate the exploitation of work in education using ICT.
Article 35 of the Copyright Act(comparative table)
1

Printing/distributing materials forin-person classes

2

Public broadcasting for
simultaneous, long-distanceclasses3Broadcasting lectures andmaterials for on-demand classes

4Sending study materials for inperson classes by email

5

Live broadcasting of classes in astudio

Current
Permission

Compensation

Notnecessary

Not necessary

RevisedPermission

Not necessaryNotnecessary

Necessary

Necessary(in principle)

Compensation

Necessary(Paid bycompensationdeposit)

In order to be covered by the Compensation System, the distribution must be limited tothe students registered for the class and the class period. In the Lecture Video System,
the Compensation System can be applied by setting the scope of release to "only forregistered students". If you use the Compensation System, you may be asked to report
this in a survey to be conducted. We ask for your cooperation in managing the sources ofthird-party works used, etc., and in conducting the survey.
Please note that if the scope of release is set to anything other than "only for registeredstudents," the third-party works included must meet the conditions of use presented by
the author or must be individually licensed, and if they are used without permission, theymust be used within the scope of citations.

Reference: Compensation System Information for
Under the Compensation System, third party material use is not unlimited even whenproviding materials to students in class. Duplication violating the copyright holderʼs rights
is not allowed even for classes.
Some examples of this(from P16 of Operational Guidelines for Article 35 of the Amended Copyright Act (Fiscal

Year 2021 Edition)):･ Reproducing application software such as document preparation software, spreadsheet
software, PDF editing software, for use in classes･ Reproducing and distributing entire written texts that are considered beneficial tostudents for reference even if they are not handled in a class･Reproduction or public transmission to a number of people that obviously exceeds thetotal number of faculty involved, students, etc. in a class
The Compensation System will investigate the actual conditions and NAIST may be
selected for this, so please keep track of sources when you use third-party materials.
Please refer the following URL for information concerning the Compensation System・SARTRAS / Compensation System for Public Transmission for Educational Purposes
https://sartras.or.jp/en/
・Operational Guidelines for Article 35 of the Amended Copyright Act (Fiscal Year 2021
Edition)https://sartras.or.jp/wp-content/uploads/OperationalGuidelineforArticle35_2021.pdf

Requirements for the quotation of third-party materials without receiving
permission:(1) The work must have already been made public(2) Compatible with fair practice.
(3) Justifiable purpose of the quotation, such as for news reporting, critique or research.
From Article 32 of the Copyright Act
To fulfill the requirements for “Compatible with fair practice” and “Justifiable purpose ofthe quotation”, your presentation materials should:(1) Have a necessity for quotes.
(2) Clearly distinguish between your original work and any quotations. (i.e. using quotation
marks.)(3) Have a main/sub-text relationship.
(Your original work should be the core of the material.)(4) Clearly indicate the source.
From the Agency for Cultural Affairs HP

Copyright Act
Article 32 (Quotations)(1) It is permissible to quote and thereby exploit a work that has been made public. In
such a case, the work must be quoted consistent with fair practices and within a scopethat is justified for the purpose of news reporting, critique, study, or other place in which
the work is quoted.
(2) It is permissible for publicity materials of a national government agency, etc. to bereprinted as explanatory materials in a newspaper, magazine, or other printed publication;
provided, however, that this does not apply if it is expressly indicated that this is prohibited.

Article 35 (Reproduction in Schools and Other Educational Institutions; Related Matters)(1) A person in charge of teaching or a person taking classes at a school or othereducational institution (except one founded for commercial purposes) may reproduce awork that has been made public or transmit that work to the public (including making thatwork available for transmission, if it is to be transmitted to the public via automatic public
transmission; hereinafter the same applies in this Article), or publicly communicate a workthat has been made public and is transmitted to the public through a receiver to the extent
that is found to be necessary if the purpose of doing so is exploitation in the course ofthose classes; provided, however, that this does not apply if the action would unreasonably
prejudice the interests of the copyright owner in light of the nature and purpose of thework, the number of copies that would be made, and the circumstances of its reproduction,
public transmission, or transmission.
(2) If a work is transmitted to the public pursuant to the provision of the preceding
paragraph, a person that establishes an educational institution referred to in thatparagraph must pay the copyright owner a reasonable amount of compensation.

Article 48 (Indication of Sources)
In a case set forth in one of the following items, the source of the work must be clearly
indicated in the manner and to the extent considered reasonable, commensurate with thecircumstances of its reproduction or exploitation:a work is reproduced pursuant to the provisions of Article 32; Article 33, paragraph (1)(including when application mutatis mutandis is provided for pursuant to the provisions ofparagraph (4) of that Article); Article 33-2, paragraph (1); Article 37, paragraph (1); orArticle 42 or Article 47, paragraph (1);