Preface
We are surrounded by many copyrighted works, which are protected by the Copyright Act.
However, although the Copyright Act is a law that relates to everyday matters, it is often not
well known or misunderstood.
Article 35 of the Copyright Act was amended in 2018, and there were significant changes tothe content regarding limitations on rights through classroom use at educational institutions.
The change meant that greater opportunities to use different materials could be acceptedby paying compensation. However, the law is written in wording that can be applied to manydifferent situations, and there are aspects of the law that are difficult to read and understand.
Therefore, after this amendment, copyright owners and educational institutions cooperated
to create guidelines for Article 35. The guidelines are called "Guidelines for Article 35 underthe Amended Copyright Act", and are posted on the website of a management organization
called SARTRAS (Society for the Administration of Remuneration for Public Transmission for
School Lessons).
This material tries to further explain the Guidelines in an easy-to-understand manner. It was
written primarily for teachers who teach classes at educational institutions. We hope that thismaterial will be useful for teachers to deepen their understanding of the basics of copyright,
what they can and cannot do, and what they need to be mindful of when handling copyrighted
works in the classroom.
The Japanese Copyright Act applies to the use of copyrighted work in Japan, even for use
by foreign nationals. Unlike "fair use" in the U.S., the Japanese Copyright Act provides forlimitations and exceptions to copyright in specific situations in individual Articles. Specifically,
Article 30 limits reproduction rights for private small-scale use, Article 32 limits copyrights
for citation, and Article 35 limits reproduction and public transmission rights in educational
institutions. These Articles describe in detail the specific situations and requirements underwhich a copyright is limited. Therefore, you need to understand these Articles accurately andapply them appropriately. In particular, when using the Articles in educational institutions,please make sure to check the contents of the Articles carefully and use them appropriately.

People who appear in this material

Dr. Konaka

Dr. Daiin

Dr. Sumiki

Elementary school teacher. I don't
understand what the law is because
it's so difficult, and I'm afraid to do
anything that concerns copyright.

University teacher. I don't care about
copyright if it's not for education
and research purposes.

He is an expert in Copyright Act. He
provides easy explanations for Dr.
Konaka and Dr. Daiin.

References to Provisions of Laws
The provisions of the laws referred to in this material can be found in the "Japanese Law
Translation": https://www.japaneselawtranslation.go.jp/.
02

CONTENTS
Preface ��������������������������������������������������������������������������������������������������������������������������������������������������������02

CHAPTER 1

Copyright Basics

01 What is the Copyright Act? ����������������������������������������������������������������������������������� 04
02 What is a copyrighted work? ������������������������������������������������������������������������������ 06
03 Who is the author? ����������������������������������������������������������������������������������������������������������� 12
04 What is Copyright ��������������������������������������������������������������������������������������������������������������� 16

CHAPTER 2

Copyright in Classes

01 Classes and copyrighted works ������������������������������������������������������������������������� 34
02 Citation (Article 32(1)) �������������������������������������������������������������������������������������������������� 36
03 Reproduction, etc. for class purposes (Article 35 ) ������������������ 42
04 Amended Copyright Act Article 35 Guidelines ����������������������������� 48

CHAPTER 3

Q&A on the Use of Copyrighted
Works in the Classroom

01 Q&A on the Use of Copyrighted
Works in the Classroom ��������������������������������������������������������������������������������������������� 60

CHAPTER 4

How to Obtain Permission

01 How to obtain permission for use ������������������������������������������������������������������ 70

This Project ������������������������������������������������������������������������������������������������������������������������������������������� 74
Resources for learning about copyright ����������������������������������������������������������� 74
Index �������������������������������������������������������������������������������������������������������������������������������������������������������������� 76
Team for Understanding Copyright in Classes ���������������������������������������� 7803

CHAPTER 1 Copyright Basics
SECTION

01

What is the Copyright Act?
This Section explains the purpose of the Copyright Act. It is important tounderstand that the Copyright Act is not just written for those who want toprotect their rights.

CHAPTER 1

What is the Copyright Act?
(Japanese) Copyright Act
Article 1 of the Copyright Act states the purpose of the Act.

Copyright basics

Article 1 (Purpose) The purpose of this Act is to provide for authors' rights
and neighboring rights with respect to works, as well as with respect
to performances, phonograms, broadcasts, and cablecasts, and toensure protection for the rights of authors and other such persons whileaccording attention to the fair exploitation of these cultural products, andthereby to contribute to cultural development.

KonakaThe Copyright Act protects the rights of those
who create copyrighted works.

SumikiThat is correct, but there is another important role. That is thefair exploitation of copyrighted works. In other words, we make iteasier for everyone to use copyrighted works by determining theextent to which they can be used freely.
Daiin

If you protect the rights too strictly, it will be difficult forpeople to use copyrighted works, and if you give them
too much freedom, your rights will not be protected...

Sumiki

It is difficult to find a balance between the protectionof rights and fair exploitation.

KonakaWhat exactly do you mean by “cultural development”?

04Sumiki

Cultural development as referred to in the Copyright Act essentially means thecreation of a wide variety of expressive works. In the field of technology covered bypatents, to give an extreme example, it could just be a single technology. For example,
if the price is the same, everyone would want to use the battery that lasts the longest.
But this is not the case for copyrighted works. Sometimes you would like to listen to
Mr. Children songs, sometimes you want to listen to Perfume songs, right?
KonakaI see. So, the idea is that by creating a variety of expressions, we cancreate a richer society. Many people create copyrighted works every
day, and because there are no registration procedures required, thesystem makes it easier for many copyrighted works to be created.

POINT

Protectionof rights

01 What is the Copyright Act?

The purpose of the Copyright Act is to contribute to cultural development
through the protection of the rights of authors and the fair exploitation of
copyrighted works.

Fair
exploitation

Culturaldevelopment

The Copyright Act determines what a copyrighted work is, what kind ofrights are copyrightable (protection of authors), and in what cases copyright islimited (what is fair exploitation?).
KonakaHowever, the law is difficult and I don't understand it well...
There are many places where the law is not very specific.
SumikiThe law intentionally stipulates abstractly, and leaves room forinterpretation, so some people may have different opinions.
Sometimes you don't know until a decision by the court is given.
Daiin

This means that sometimes things cannot be clearly defined as black and white right away.
Sumiki

We want to keep things black and white if possible.
There are many materials that teachers can refer to.
One of them is titled the "Guidelines for Article 35
under the Amended Copyright Act".

MEMO
Guidelines for Article 35 underthe Amended Copyright Act are
explained in detail in Chapter 2.

05

CHAPTER 1 Copyright Basics
SECTION

02

What is a copyrighted work?
This section explains what a "copyrighted work" is, as defined under the
Copyright Act.

CHAPTER 1

Definition of copyrighted Works

KonakaCopyright basics

Copyrighted works are not diminished by theiruse, are they?
SumikiThat’s right. For example, if a car is stolen, it will begone, so you will know right away. However, most of
the time even if text is stolen, it will not be lost, so
in most cases it is not immediately obvious if it isbeing misused. Among such intangible information,
information that contributes to cultural development
is copyrighted work.
Daiin

But you can tell when a painting on canvas is stolen,
can't you?
SumikiA painting is indeed a copyrighted work, but it has
two aspects: one as a "tangible object" and the otheras "information". You may think of a copyrighted
work as a "tangible object", but a copyrighted work is"information". In other words, the copyrighted work
(information) is superimposed on the tangible object(painting)*1. It would be a problem if someone madeand sold postcards or other goods using the painting
without permission, wouldn't it?
Even if you buy a painting, you are simply receiving therights to the tangible object, the physical ownership(title). The rights to the information (copyright) of theperson who originally painted the painting remain withthe person who painted it.
Daiin

I see, so it's not the same as physical ownership.

06

MEMO *1
Supreme Court, January 20, 1984,
HANREI JIHO No. 1107, p. 127[Ganshinkei Case].

Physical ownership

Copyright

Tangible object

Information (intangible object).

$2
POSTCARD

The Copyright Act protects "copyrighted works". A copyrighted work is
defined as follows:

KonakaIs the table listing the height and weight of the students in
my class copyrighted work because it is an expression?

02 What is a copyrighted work?

Article 2(1)(i) "a creatively produced expression of thoughts or sentimentsthat falls within the literary, academic, artistic, or musical domain"

SumikiNo, mere data is not thought or sentiment so it is
not considered a copyrighted work.

Daiin

I often hear that cooking recipes are not copyrighted.

Sumiki

The idea itself is not a copyrighted work because it has
to be expressed. Just having an idea in your head is not
subject to copyright protection.
The idea of the recipe itself is not a copyrighted work,
but if it is turned into a book or a web article, thepictures and text may be copyrighted, so you should be
careful.

POINT

A work is not a "copyrighted work" unless it is a creative expression ofthoughts or sentiments.

07

Examples of works that are not copyrighted works under the Copyright Act:• Something that is just a thought in your head (an idea): the story of a novelis also not protected if it is just a thought. What is expressed as a novel isprotected.
• Data and facts only: obituaries, information on personnel transfers,
population lists for each prefecture, etc., do not express the thoughts or
sentiments of the person expressing them, and therefore cannot be an
expression of "thoughts or sentiments" and are not copyrighted works.
• Commonplace expressions and very short sentences: phrases that anyone
would use, such as "blue skies," are often considered to be non-creative.

CHAPTER 1

Examples of copyrighted works include the following (Article 10(1)): 01

Copyright basics

01

Types of copyrighted works (Article 10(1))
Type

ExampleLiterary works

Lectures, papers, reports, essays, novels, screenplays,
poetry, haiku, rakugo, comic storytelling, etc.

Musical works

Songs, lyrics accompanying songs, etc.

Works of choreography andpantomime

Choreography for Japanese dance, ballet, dance,
pantomime, etc.
Paintings, prints, sculptures, cartoons, calligraphy, stage

Works of fine art

sets, flower arrangements, etc. (including arts and crafts
such as tea bowls, pots, swords, etc.).

Architectural works

Palaces, triumphal arches, gardens, towers, and otherarchitectural structures (must be appreciable).

Maps and diagrammatic

Maps, academic drawings, charts, blueprints, three-works

dimensional models, globes, etc.
Recorded moving images such as theatrical movies,

Cinematographic works

animations, videos, YouTube videos, TikTok videos, andvideo portions of game software.

08

Photographic works

Portraits, landscapes, documentary photography,
advertising photography, etc.

Works of computer
programming

Operating systems (OS), application software, programs for
consumer electronics, etc.

In addition to these works, the following works are also available (Articles 11,
12, and 12-2) 02

02 Types of works (Articles 11, 12, 12-2)

Type

ExampleDerivative works

Works created by translating, arranging, transforming, or
adapting the works in the table above.

Compilation works

Encyclopedias, dictionaries, newspapers, magazines,
poetry books, etc.

Database works

Encyclopedias, dictionaries, etc. in computer-searchableform.

A compilation is a copyrighted work if the selection and arrangement ofmaterials are creative. Although a compilation as a whole is protected as a
copyrighted work, when using individual articles in a dictionary, magazine, etc.,
is also a copyrighted work.
A database is a copyrighted work if there is creativity in the way the data isselected and the systematic way the data is organized for retrieval, even if theindividual data collected is not copyrightable.

Daiin

The data is not copyrighted, but the database is.

02 What is a copyrighted work?

the permission of the respective copyright owners is required, as each article

SumikiFor example, copyrightability may be recognizedwhen information that cannot be searched inother databases can be retrieved, or when you arecreative in the selection of keywords for retrieving
the same information.

Although the following items are copyrighted works, they are created forthe purpose of making them known to the public and making them widely
available, so they can be used without the copyright owner’s permission (Article
13).

Examples of copyrighted works that can be used without permission:• Constitution and other laws and regulations.
• Notices, directives, and notices of the national government, local
governments, etc.
• Court judgments, decisions, orders, etc.
• Translations and compilations of the above are prepared by the national
government, local governments, etc.

09

Q

Now here is a quiz. Are the following
items copyrighted works protected by the
Copyright Act?
( 1 ) Fantasy novel setting.
(2) A cat drawing on a piece of notepaper, done at the behest ofa relative's child.
(3) Names of cartoon characters.
(4) Graphs in student reports.

(1) Fantasy novel setting
CHAPTER 1

KonakaCopyright basics(1) Since the novel is copyrighted, is thesetting copyrighted as well?
SumikiNo, an abstract setting alone does notconstitute a copyrighted work. For example,
recently, there are novels, manga, andanime in which the main character istransported to and explores another world.
This level of setting itself is within the scopeof an idea and is not copyrighted, so writinga new novel with this kind of setting is not an
infringement of copyright.

(2) A cat drawing on a piece of notepaper that a relative's child asked
me to draw.
Daiin(2) Something like a drawing on a piece ofnotepaper would probably be thrown away
immediately so is not a copyrighted work, is it?
SumikiNo, it does not matter under the Copyright Act
when you throw it away, it is a copyrighted work
because it was a "creative expression" at thetime it was drawn*1.

MEMO *1
The word "expression" may soundlike it has to be fixed on some
object, but being fixed is not arequirement for a copyrighted work.
For cinematographic works, it is arequirement that the copyrighted
work be fixed.

10(3) Names of cartoon characters

Konaka(3) This is surely a copyrighted work!

SumikiNice try. This is not a copyrighted work. Konaka's
name is not a copyrighted work either. There
are various opinions on it, but I think it can be
categorized as not being "within the literary,academic, artistic, or musical domain" or not having
creativity. However, a picture of a character is a
copyrighted work.*2

Daiin(4) I don't think a graph is a copyrighted work.
Mere data isn't a copyrighted work, and if it were
just a graph of data, it wouldn't be creative.
SumikiIf the graph looks the same no matter who draws it
in Excel or other software, it is not creative and is
not likely to be a copyrighted work. However, if thegraph shows, for example, beer consumption, anduses a creative way to express it, such as by using
a picture of a beer mug instead of a bar graph, thecreativity of the graph may be recognized and thework may be copyrighted work.

Concerning a picture of a character,the name can be subject to theintegrity right as "the title of thework" (Article 20(1)).

02 What is a copyrighted work?

(4) Graphs in student reports

MEMO *2

11

CHAPTER 1 Copyright Basics
SECTION03

Who is the author?
This section explains "author" under the Copyright Act. It is important tounderstand that there are not only individual authors but also corporate authors
and joint authors.

CHAPTER 1

Definition of author
Article 2(1)(ii) of the Copyright Act defines the author.

Copyright basics

Article 2(1)(ii) Author means a person who creates a work.
We learned in the previous section what copyrighted works are. The person
who creates them is the "author".
It is not only professional creators who are authors. If a kindergarten orelementary school student draws a picture, they are the author of the picture.
If they write a letter, the person who wrote it is the author of the letter. If you
subcontract the creation of a copyrighted work, such as an illustration or acomputer program, the subcontractor who created the copyrighted work is
the author.

POINT

The author is the creator of the copyrighted work. It does not matter ifsuch a person is professional or amateur, child or adult!

KonakaThe other day I took a picture of a drawing bya relative's kindergarten child and posted it on
SNS ...

SumikiA child can be an author too, even if the child isin kindergarten. However, I do not think that akindergarten child would be able to judge this, so you
should obtain permission from the parents.

KonakaUgh ... that was my mistake ... sorry ...

12Authors and copyright owners
The "author" is the person who created the copyrighted work, and the"copyright owner" is the person who holds the copyright. Basically, "author =copyright owner". However, as explained in the next section (Section 04 Whatis Copyright?)(P.22), copyright as an economic right can be transferred or
inherited, so the situation of "author ≠ copyright owner" happens sometimes.
When using copyrighted works, permission should be requested for thefollowing:• Matters related to moral rights: obtain permission from the author.
• Matters related to copyright (economic rights): obtain permission from the
copyright owner.

Moral rights and copyrights (economic rights) are explained in the next?
?
Authors

Copyright
owners03 Who is the author?

section.

Corporate works
If you create a work in the course of duty, the individual who created it may
not be the author, but an organization such as a company, school, or university
may be the author (Article 15). The following requirements must be met for awork to be a corporate work:(1) The copyrighted work must be prepared based on the initiative of thecorporation, etc.
(2) Creation by an "employee" of a corporation, etc.
(3) To be created "in the course of duty".
(4) When "publicizing" the copyrighted work, the copyrighted work must be
published under the name of the corporation, etc.
(5) There is no provision in the "contract, work regulations," or any otherdocument at the time of the creation of the copyrighted work thatdesignates the employee as the author.

13

For requirement (1), if a copyrighted work is created without specificinstructions from the employer but with the final approval of the employer, it
is considered to be "created at the employer's initiative”. In addition, even if an
employee comes up with an idea and creates the copyrighted work without theapproval of the employer, if the copyrighted work is created in the course of
duty as far as it is assumed to be based on the job description, it is considered
to have been "created at the employee's initiative".*1"
For requirement (2), it is generally someone who has an employment
relationship. This could be an employee of a company or a staff member of auniversity. Temporary staff may fall under requirement (2) since they are notdirectly employed by the company but work under specific instructions at theCHAPTER 1

client company, etc.

Copyright basics

their days off, they are the author of the copyrighted work, not the employer.

For requirement (3), it does not apply if the work was not created in thecourse of duty. For example, if an art teacher paints pictures as a hobby on

The requirement (4) does not apply to lectures by university professors,which are published under the name of the individual professor.
For requirement (5), if there is a contract or work regulation that stipulates
that the employee or staff member is the author of the copyrighted work theycreated or that the copyright belongs to the employee or staff member, thecopyrighted work is not a corporate work and the creator is the author.
In the case of a corporate work, a corporation, etc. becomes the "author"and "copyright owner" (Articles 15 and 17(1)).

Daiin

Are the slides I made for a class at the university
considered corporate work?

SumikiIf the copyrighted work is prepared for an individualclass, it will be published in the name of the professor,
not in the name of the university when it is published.
Since under requirement (4), the copyrighted work
must be published under the name of a corporation,etc. when it is "published" does not apply, the author
must be Dr. Daiin.

Daiin

That’s a relief.

14

MEMO *1
The requirement of "the initiative of
the corporation, etc." is satisfied if
there is an employment relationshipbetween the corporation, etc., andthe employee, and the employee
is performing the prescribed duty
under the business plan of thecorporation, etc. or a contractconcluded by the corporation, etc.
with a third party, etc. even without
specific instructions or consent fromthe corporation, etc. as long as thecreation of the work is scheduled or
expected in the performance of the
duty of the employee (Intellectual
Property High Court, August 4,
2010, HANREI TIMES No. 1344, p.
226 [Kitami Institute of Technology
Case]).

When more than one person is the author (co-authors)
There are times when more than one person may create a copyrighted
work.*2 For example, several people may create a single painting on a canvas.
Such a work is called a "joint work" (Article 2(1)(xii)). The copyright in a joint
work is shared by all co-authors.
Other examples include when a copyright is assigned, or when the original

MEMO *2
Article 2(1)(xii) defines a joint workas "a work created by two or more
persons whose contributions to thework cannot be separated so as toallow each part of the work to be
used independently".

copyright owner dies and the copyright is inherited by two of the owner’schildren.
Under joint copyright, a co-owner cannot exercise their rights without theagreement of all the co-owners (Article 65(2)).
The "agreement" in Article 65(2) is that the other joint owners cannot object
unless they have "justifiable grounds" to do so.

have "justifiable grounds" to prevent an agreement. In this case, a co-authorof an economics book jointly written by researchers requested an agreement
for a reprint of the book and publication of a Korean translation, but the otherco-author B, refused. The court found that there were "justifiable grounds"
because the book had become obsolete several years after it was written, B's

03 Who is the author?

Tokyo District Court, September 28, 2000 (1999 (wa) 7209) [Economics
Book Case] is one example of a case in which the other co-author was found tocontribution to the book was considerably greater than A's, and it could not be
said that A would be threatened financially or that his scholarly achievements
would be diminished if he was not allowed to reprint or translate the book.

15

CHAPTER 1 Copyright Basics
SECTION

04

What is Copyright?
This section explains "copyright" under the Copyright Act including moral rights
and copyright (economic rights), as well as neighboring rights. It also explains
the term protection, licensing, and limitation of rights.

CHAPTER 1

Copyright is "the right not to do specific acts without
permission"

Copyright basics

Sumiki

In simple terms, copyright is the right not to have one's
copyrighted work "do specific acts without permission".

KonakaSuch as, it can't be copied without permission,or remade without permission.

SumikiJapan has a ‘non-formality’ system, which means that a
copyright is automatically granted the moment a workis created. Simply put, there is no need to register or go
through any other procedures to obtain a copyright.

KonakaEven pictures drawn by elementary school children?

Daiin

And reports written by students?

Sumiki

Yes.

POINT

When a copyrighted work is created, copyright is automatically granted(Article 17(2)).
16In a broad sense, there are two types of copyrights: "moral rights," which
protect the author's commitment to the copyrighted work, and "copyright(economic rights)," which protect the economic value. The following is an
explanation of what rights are associated with each.

Moral rights
Moral rights cannot be assigned to others and cannot be inherited (Article
59, proviso of Civil Code Article 896). Therefore, even if the copyright is
assigned, the moral rights remain with the author.
Moral rights cease to exist when the author dies. However, the Copyright Act
states that even after the author's death, a person who provides or presents
a copyrighted work to the public must not commit any act that infringes themoral rights of the author (Article 60).
Let us explain what are moral rights.

The publication right is, as the name implies, the right to decide how theauthor of an unpublished copyrighted work will make it public. The author of a
derivative work may not publish the derivative work without the consent of theauthor of the original work.

04 What is Copyright?

Publication Right (Article 18)• Whether to make it public or not.
• When will it be made public?
• In what form of publication (publication as a book, broadcast, screening,
exhibition, public transmission, etc.)?

KonakaDo I need the student's consent to submit theirpainting to a city competition?

SumikiOf course, you must obtain the student’s consent. If thestudent only submitted the painting to the teacher as
homework, it does not meet the definition of "published".
Since you are publishing it to third parties, you need theauthor’s consent.
There is also the issue of exhibition rights, as such art
competitions usually involve exhibiting the paintings
somewhere.
KonakaI see, I will be careful.

17

Attribution Right (Article 19)
The attribution right, as the name implies, is the right to determine thename to be displayed as the author when the copyrighted work is offered orpresented to the public.

• Whether to display a name or not.
• If displayed, whether it is your real name or an alias (pen name, artist’s name,etc.).

In the case of derivative works, both the author of the original work (theCHAPTER 1

second sentence of Article 19(1)) and the author of the derivative work havethe attribution right. There are certain limitations on the attribution right andthe following cases do not constitute infringement:

Copyright basics• When using a copyrighted work, the user may indicate the name alreadyindicated in the copyrighted work. If the author's special intention requires
a different name to be indicated, the user must follow the intention (Article
19(2)).
• If it is difficult to indicate the name and there is no risk of harm to theinterest of the author in claiming to be the author, the name need not be
indicated as long as it does not violate fair practice (Article 19(3)).

For example, when background music is played in a hotel lobby, there is noneed to announce who the composer is, every single time.

Integrity Right (Article 20)

Sumiki

The integrity right is the right not to have the content
or the title of the author's copyrighted work "altered(modified, mutilated, etc.)" against the author's
intention without permission.

KonakaCan you crop a photo and use it, or change
the text etc...?*1

Sumiki

Please note that changing "," to ";" deleting a line
break, and changing paragraph breaks or changing thewording for consistency may also infringe the integrity
right.*2

MEMO *1
Tokyo District Court, March 26,
1999, HANREI JIHO No. 1694, p. 142[Dolphin Blue case].

MEMO *2
Tokyo High Court, December 19,
1991, HANREI JIHO No. 1422, p. 123[Hosei University Prize Essay Case].

18

DaiinWell, if something like that is wrong, it should
be fixed. It's common for student theses tohave inconsistencies in terminology.
Sumiki

It is only with the author’s consent that you can correctsuch inconsistencies. In other words, if the author
corrects the inconsistencies, they may be more careful
about it in the future. Then there is no infringement.

Daiin

That's right.
04 What is Copyright?

However, alterations are permitted in the followings (Article 20(2)):(1) If the use of a work is permitted by application of the following provisions:publication in textbooks (Article 33(1) and (4)), publication in substitutematerials for textbooks (Article 33-2(1)), reproduction for the preparationof expanded textbooks (Article 33-3(1)), and broadcasting of school
educational programs (Article 34(1)), the use of a work is unavoidable forschool education (Article 33-2(1)).
(2) Alteration due to extension, reconstruction, repair, or redecoration ofbuildings.
(3) Program version upgrades and other modifications.
(4) Other modifications that are deemed unavoidable in light of the nature of
the work and the purpose and manner of its use.

An example of (1) is converting difficult Kanji into Hiragana so that they areeasier to read for younger students.
Regarding (4), due to the performance of the printing press, it may not be
possible to reproduce the exact colors in the same way as the original, or whena singer may not be able to sing the original melody as it was sung because of
the abilities of the singer.
It is difficult to determine the specific extent to which a work is "unavoidable.
" If you are not sure, you should check with the author.

POINT

There are three moral rights: (a) the publication right, (b) the attribution
right, and (c) the integrity right!*3

MEMO *3"The exploitation of a work in a
way that is prejudicial to the honor
or reputation of the author" isdeemed an infringement of theauthor’s moral rights (Article 113(11)).
Although not strictly defined as aright, this provision is sometimes
called the "honor and reputationright" as a fourth right.

19

Copyrights (Economic rights)
Copyright as economic rights includes the followings:*1• Reproduction Right (Article 21).
• Stage Performance Right and Musical Performance Right (Article 22).
• On-Screen Presentation Right (Article 22-2).
• Public Transmission Right, Right of Making Transmittable, and Public
Communication Right (Article 23).

MEMO *1
Since it is difficult for a copyrightowner to trace a user’s act ofperceiving or enjoyment of a work,
such as by viewing, listening to, or
reading a work, these are not subject
to copyright (see Kaoru Okamoto,
The Concept of Copyright, Iwanami
Shinsho, 2003, p. 160).

• Recitation Right (Article 24).
• Exhibition Right (Article 25).
CHAPTER 1• Distribution Right (Article 26).
• Transfer Right (Article 26-2).
• Rent Out Right (Article 26-3).
• Translation and Adaptation Rights etc. (Article 27).

Copyright basics• Rights of the Original Author in Connection with the Exploitation of
Derivative Works (Article 28).

KonakaThere are a lot of different rights.

Sumiki

Yes. Some people may find it a little difficult.
Copyright is sometimes called a "bundle of rights".*2
First of all, it is good to understand that there are two
major rights.

KonakaOnly two!

Sumiki

There are two fundamental rights. The first is (1)the right to copy copyrighted works. The other is (2)the right to communicate the copyrighted work to
the public.

Daiin

Hmmm. Maybe I canremember that.

20

MEMO *2
Taku Inoue, Latest Copyright
Introduction by SNS, SeibundoShinkosha, 2022, p. 53, explains that
there are many copyright rights bycomparing them to grapes.

Sumiki(1) The "right to copy" is like a prerequisite for (2) the"right to communicate the copyrighted work to the
public", because the more copies that are created, themore opportunities for communicating to the public.
For (2), "the right to communicate to the public,"
the number of rights has increased as the means ofcommunicating publicly have become more diverse
due to technological advances.
We can communicate to the people in front of us
via "stage performances," "musical performances,""recitations," and "exhibitions." As technology advancesand copyrighted works can be fixed in some form, they
can be conveyed to people far away. These include"transfer," "rent out," and "distribution." Furthermore,"public transmission" and "making transmittable" areused to convey copyrighted works to people far away,even if they are not in a tangible form.

How should we understand an adaptation?

Sumiki04 What is Copyright?

KonakaAdaptation is the addition of new creative elements toa preexisting work. So, please understand that it is asort of (1) the "right to copy".

on
itati
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Rec
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ib
tr
is

S
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rfo
rm
an

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Reprodu

ction

ta

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Rent Out

sfer

Exhibition

ap

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Ad

Tran

21

As explained in Section 04, "What is Copyright?"(P.16), a reproduction right is"the right not to be reproduced without permission. Copyright as an economic
right can be transferred or inherited (Article 61(1)).
For example, Masamoto Nasu, author of the Zukkoke Sannin-Gumi (Thefunny trio) series, reportedly transferred (bequeathed) the copyrights of all his
works to a literary organization in his will.*1"Adaptation" is a term unique to the Copyright Act, but it means the act of
creating a derivative work by adapting it or making it into a film.*2

MEMO *1
Donation of all copyrights, "Zukkoke
Sannin Gumi," Masamoto Nasu's
Wish for Children's Literature,
Mainichi Shimbun, October 5, 2022,
https://mainichi.jp/
articles/20221004/
k00/00m/040/188000c

The terms "public transmission right" and "right to make transmittable"
CHAPTER 1

may also be unfamiliar to you. The public transmission right is the right toCopyright basics

large number of people to view, or posting the copyrighted work on a socialtransmit a copyrighted work to the public (to an unspecified or specified
number of persons). For example, among public transmissions, automatic
public transmission means putting the copyrighted work on a website for a

MEMO *2
The act of creating a derivative work,
including translation, arrangement,
or transformation for the sake of
convenience, is sometimes called"adaptation".

networking service for a large number of people to see. Making transmittablemeans uploading a copyrighted work to a server, etc. to make it available for
automatic public transmission, regardless of whether it has been transmitted
MEMO *3or not.*3

Article 23(1) brackets.

KonakaWhat makes "public communication"different from "public transmission"?

Sumiki

To use a simple example, a broadcaster broadcastinga TV program is a "public transmission," and a TV
program shown on a TV set up in a cafeteria orother location for customers to watch is a "public
communication".

KonakaI see, so you are saying that it is a
device that can receive and watch
something that has already been
publicly transmitted.

SumikiBy the way, the use of an ordinary
household receiver to broadcast a
copyrighted work does not constitute an
infringement of the public communicationright, even if it is for profit or a fee.*4

MEMO *4
The second sentence of Article
38(3).

22

DaiinI haven’t made any public communications.

SumikiNo, there is a possibility that Dr. Daiin may do this.
For example, if you show a website in class and show
actions such as "click here to view this", this is a public
communication.
Daiin

I didn't know that! I didn't know that such an
act was subject to copyright too.

04 What is Copyright?

POINT

Copyright is the right not to do specific acts without permission.

Neighboring rights
Neighboring rights are granted to those who "convey" copyrighted works(Article 89). Like copyrights, these rights are automatically granted upon
performance, sound fixation, broadcasting, or wire broadcasting, and do not
require any registration (Articles 89(5) and 101(1)).
POINT

Neighboring rights protect those who play an important role in theconveyance of copyrighted works.
The followings are the owners of neighboring rights.
Please see the texts of CRIC and other sources to find out what rights you
have to each of them.*1• Performers: singers, actors, dancers, etc. who perform copyrighted works,etc.
• Record producer: a person who first fixed (recorded) the sound (e.g., a

MEMO *1
IV. Author’s rights and neighboringrights under the Japanese copyrightlaw, Copyright System in Japan,
CRIC:
https://www.cric.or.jp/english/csj/
csj4.html

record company).
• Broadcaster: a person who engages in broadcasting as a business (TVbroadcaster, radio broadcaster, etc.).
• Cable broadcasting operator: a person who engages in cable broadcasting
as a business (cable TV, cable music broadcasting station, etc.).

23

Konaka

Perhaps elementary school students imitating
their idols and dancing are performers?
Sumiki

Yes. Permission is required if the dance is to berecorded or published on a website.

CHAPTER 1

Daiin

Does the record producer's "fixing the sound"apply to me recording my dog's barking on
my phone?

Copyright basics

SumikiApplicable. This fixed "sound" does nothave to be a copyrighted work.

Daiin

I'm a record producer too!

24

Protection Term
Copyright does not last forever but has a fixed protection term.
Copyright• 70 years after the author's death from the time of the creation of the
copyrighted work (Article 51).
• For copyrighted works under an unknown name, an unusual name, or acollective name, and cinematographic works, 70 years from the time of
publication of the copyrighted work (Articles 52(1), 53(1), 54(1)).
Neighboring rights• Performances are 70 years from the time of performance (Articles 101(1)(i)and 101(2)(i)).
• A record is from the time the sound is fixed (recorded) to 70 years after
publication (Article 101(2)(ii)).
04 What is Copyright?

• Broadcasting and cable broadcasting is 50 years from the time of broadcast(Article 101(2)(iii) and (iv)).

ColumnWartime extensions
As for the copyright protection term, the rules add the protection term for
copyrights that were not protected during World War II, and for which theAllied nations and Allied nationals had copyrighted in Japan on December 7,1941 (the day before the war began), and for which copyrights were acquired
from December 8, 1941 (the day Japan entered the war) to the day before
the date the peace treaty came into effect for the Allied nations concerned(e.g., April 27, 1952, for the United States). For example, in the case of theUnited States, the copyright was acquired on April 27, 1952).

WORD

Daiin

Oh, I know this one...the protection term used
to be 50 years and now with the TPP it's 70!

TPP (Trans-Pacific Partnership
Agreement)
Abbreviation for the Trans-PacificPartnership Agreement, an economic
partnership agreement signed on
February 4, 2016.

SumikiThat's right...

KonakaMy grandfather passed away about 10 years ago, so if there
are any copyrighted works by him, they will be protected
for another 60 years.*1 I wonder if I’ll still be alive...

MEMO *1
There is a caveat to Dr. Konaka's
grandfather's story. The end of
the protection term is counted
from January 1 of the year following
the year of the author's death,
not from the date of the author's
death (Article 57). Therefore, if the
grandfather died on May 1, 2012,
the protection term is counted fromJanuary 1, 2013, which means thatthe protection term will expire 70
years later, on December 31, 2082.

25

SumikiWell, after 70 years, the grandchildren may not
be alive, and more often than not, you may notknow who the copyright owner is.
KonakaWhat if I want to get permission but
can't find the copyright owner?

CHAPTER 1

Sumiki

There is a system that can be used legally insteadof having to pay compensation, based on a rulingfrom the Commissioner of Cultural Affairs.

Copyright basics

KonakaWait, the Commissioner of Cultural Affairs...

SumikiOf course, there is a procedure, so we're notgoing to go directly to the Commissioner. I will
explain this in detail in Chapter 4.

POINT

The protection term is basically from the time of the creation of the
copyrighted work to 70 years after the author's death.

26

Public Domain
MEMO *1

Public domain means public ownership. It can be freely used by anyone
without the permission of the copyright owner.*1 The followings fall under thiscategory.

• Copyrighted works whose protection term has expired.
• Copyrighted works for which the copyright owner has waived their rights.
• The copyright owner is dead and there are no heirs (Article 62(1)(i)).

A derivative work based on a public domain work is copyrighted from thetime the derivative work is created. Note that even the derivative work is not in
the public domain.

It's copyright "free".

Sumiki

The protection term of moral
rights after death is not limited andtheoretically lasts forever. Therefore,
copyrighted works that have entered
the public domain 70 years after theauthor's death are also theoreticallyprotected.
However, claims regarding moral
rights after the author's death can
only be made by the deceased
author's "spouse, children, parents,
grandchildren, grandparents, or
siblings," in other words, up to thesecond degree of kinship (Article
116(1)). Therefore, if these persons
die, there will be no claimant,
meaning the end of the protection
term of moral rights after theauthor's death.
See Nobuhiro Nakayama, CopyrightLaw, 4rd ed., Yuhikaku, 2023, p. 672.

04 What is Copyright?

KonakaTo be precise, once in the publicdomain, anyone is free to perform
acts that were the subject of
copyright as long as they do not
infringe on the moral interests of theauthor (Supreme Court, January 20,
1984, HANREI JIHO No. 1107, p. 127[Ganshinkei Case]).

The term "copyright free" is a bit of a dangerous
term. Many people understand that "copyrightfree = no copyright", but this is not the case.
KonakaNo?

Sumiki

Even if it says "copyright free", the rights may not be
waived. In that case, it is not in the public domain.

Daiin

Is it okay to use anything publicly available on theInternet without permission?

SumikiNo, no.
First, let's check the license requirements.

27

License
A license is permission given by the author or copyright owner to the user,
saying, "You may use it in this way". It may be granted individually upon requestfrom the user, or it may be presented in advance by the rights owner.
When using the copyrighted works of others, be sure to check the terms ofuse, license, or license agreement to see if there is a license, and if so, what it
entails.
Check the Terms of Use
One of the illustrations we have seen recently in various places is by
CHAPTER 1"Irasutoya".
If you go to the website of "Irasutoya", you will find the "Terms of Use" page.*1

Copyright basics

The materials distributed on this site may be used free of charge by
individuals or corporations, commercial or non-commercial, as long as
they are within the scope of the terms of use.
Do not think, 'Oh well, I get to use it for free!'. You should not be reassured

MEMO *1
Irasutoya, Terms of Use:
https://www.irasutoya.com/p/terms.
html
Frequently Asked Questions:
https://www.irasutoya.com/p/faq.
html

that you can use the service for free. You need to make sure that you are within
the terms of use. Please read the FAQs carefully for detailed instructions on
how to use the site.
Particular attention should be paid to the fact that it states that a fee will
be charged for the use of 21 or more illustrations in a single production forcommercial use.
Sites that provide such illustration materials and photo materials often haveterms and conditions of use written in them such as "About Use," "Terms ofUse," and "License," so be sure to check them carefully before using them.
Google Maps, which you may be familiar with, also requires credit.*2
Please be aware that removing the credit already displayed may constitute a
breach of contract or an infringement of rights.
Creative Commons License
One of the most famous licenses is the Creative Commons License, but
because the name is long, it is sometimes abbreviated to "CC". CC is usedaround the world as a tool for authors who publish their works to express their
willingness to say, "You are free to use my work as long as you abide by theseterms of use".
This material is also published under "CC BY 4.0" (this symbol is marked in
the footer). 01
01

Creative Commons (CC BY 4.0)

This is called "attribution," and as long as "the credit of the original author(name, the title of the work, etc.) is indicated," modification and commercial
use are allowed.
28

MEMO *2
Google Maps, Google Earth, andStreet View
https://about.google/brandresource-center/products-andservices/geo-guidelines/

Please note that sometimes there are people who mistakenly think that
because it has CC indicated, they are free to use it, but credit is required evenfor BY.
In CC, BY must be added. Other conditions can be combined with theindications as shown in the [Creative Commons example] below to provide theconditions desired by the author. 02
02 Creative Commons example

Display

Meaning

SummarySA

Share AlikeIf you modify the work, you must distribute it under the same CC license as the original.

ND

No Derivatives

No derivative work is permitted.

NC

Non-Commercial

Must be non-commercial.

For example, CC-BY-ND-NC means that you can use it as long as it is"credited, no derivative work is allowed, non-commercial". There are a total of
There is also CC0, which indicates a waiver of rights.
Works marked with CC0 are free to use.*3
For more information, please visit the Creative Commons website.*4*5
POINT

Be sure to check the license!

KonakaEven if you don’t use CC, there are quite a few
sites that require "credit" in their terms of use.

About CC0 - "No Copyright."
https://creativecommons.org/
publicdomain/zero/1.0/

MEMO *4
Creative Commons
https://creativecommons.org/

MEMO *5

04 What is Copyright?

six types.

MEMO *3

In Tokyo District Court, October
12, 2021 (2021 (wa) 5285) [Photo on
Flickr Case], the court ruled that thedefendant's use of a photo by theplaintiff (photographer) posted on
Flickr under a Creative Commons
License (BY-SA) on his website
without giving credit to the author
constituted an infringement of the
public transmission right and theattribution right.

SumikiIn that case, you must use the copyrighted work by properly
indicating the name of the work and the name of the author.

Daiin

Even if there are no terms of use or anything, if it's on theInternet, you're allowed to use it, right?
SumikiNo. If nothing is written, it basically means that permission isrequired for use. Just because it is published on the Internet
does not mean that you are free to use it.

29Limitation of rights
As explained in Section 01, "What is the Copyright Act?"(P.05), the Copyright
Act aims to develop culture by considering not only the protection of authors'
rights but also the "fair exploitation" of copyrighted works.
To promote "fair exploitation," the Copyright Act stipulates situations inwhich copyrighted works may be used without the permission of the copyrightowner, and these are called "limitations of rights."*1 These provisions limit therights of copyright owners and define the scope of fair exploitation.
There are many limitations of rights, but the following are a few that may be
relevant to you, the reader of this material. If any of these apply to you, you
CHAPTER 1

may use the material without the permission of the copyright owner.

MEMO *1
Note that the limitation of rights
shall not be construed as affecting
moral rights (Article 50), so
consideration must be given to
moral rights.

Reproduction for private use (Article 30)• It is OK to make your copies only for your use or for use within your home or

Copyright basics

another similarly limited area.
• The voyeurism of movies in theaters and other places is not allowed, even
if you are the only one watching the movie (Article 4(1) of the Law for thePrevention of Voyeurism of Films).
• Downloading illegally uploaded copyrighted material knowing that thematerial is an infringement of copyright is also not allowed (Article 30(1)(iii)).

KonakaDownloading a favorite image from a website
and using it as wallpaper for your phone is a
reproduction for private use, right?
SumikiThat is correct. But uploading the image to asocial networking site is an infringement of the
public transmission right since Article 30 only
allows reproduction.

Daiin

What about handing out copies of newspaper
articles at staff meetings?
Sumiki

Such a meeting is for business purposes, so it is not
private. It is not a reproduction for private use.*2

MEMO *2
Tokyo District Court, July 22, 1977,
Mutaireishu 9, 2, 534.

KonakaWhat if it was a neighborhood association?

30

SumikiIt is also hard to describe such gatherings as"within the family" or "within a similar limited
range", so it does not apply to this group.*3
Daiin

Well, there was a book scan service case orsomething like that...

MEMO *3
Tokyo District Court, November 8,2022 (2022 (wa) 2229) held that"for the scope of use of a work to beconsidered 'within the limited scopeof other similar uses,' it is necessary
to have at least a close and closed
relationship to the extent that it isequivalent to a family".

Sumiki

KonakaPrivate reproduction does not mean
you can reproduce too widely...

MEMO *4
Intellectual Property High Court,
October 22, 2014, HANREI JIHO
No. 2246, p. 92 [Book Scan Service
Provider Case].

04 What is Copyright?

In that case, a person who wanted to digitize apurchased paper book hired a service provider toscan it, but the person who wanted to use the copy
had to make the copy themselves to be covered by
Article 30.*4

Use of Incidental Works (Article 30-2)• It is OK for a copyrighted work to appear as a minor part of an accompanying
photograph or video when it is taken.
• Public transmission of incidentally captured photos and videos is OK within
the legitimate scope.
• But not if it unreasonably prejudices the interests of the copyright owner.

MEMO *5

Reproduction in libraries, etc. (Article 31)• Libraries may reproduce works of library materials as a not-for-profit
enterprise in the following cases:- When one copy of a part of a published work is provided per person uponrequest of the user.*5- When necessary for the preservation of library materials.
- When providing copies of out-of-print materials at the request of otherlibraries, etc.

As a general rule, "a portion" isunderstood to mean "up to half"of a work. For the operation of the
National Diet Library, please visit
Information about Copyright of the
National Diet Library.
Information about Copyrighthttps://www.ndl.go.jp/en/copy/
copyright/index.html
In addition, under the 2021
amendment to the Copyright Act, theprovision of copies of materials for
publicity by the state, etc., and otherworks specified by Cabinet Orderas having special circumstancesin which the provision of copiesof the entire work is deemed not
to unreasonably prejudice theinterests of the copyright owner iscovered in its entirety (Article 31(1)(i),bracketed).

31

Publication in textbooks, etc. (Article 33)• May be published in textbooks to the extent necessary for school education.
• Translation, arrangement, transformation, and adaptation OK for inclusion
MEMO *6

in textbooks.*6• Requires notification and compensation to copyright owners.

Changes in type or terminology
or other alterations that are
unavoidable for school education(Article 20 (2)(i)) do not constitutean infringement of the integrity right.

Reproduction, etc. as examination questions (Article 36)• Reproduction and public transmission (excluding broadcasting and cablebroadcasting) of works that have already been published as examination or
examination questions to the extent necessary for the examination. *7*8
CHAPTER 1• OK for examinations done in an online format.
• However, if it would unreasonably prejudice the interests of the copyrightowner, it is not acceptable.
• Compensation must be paid when used for commercial purposes such as

Copyright basics

paid examinations, employment examinations, etc.
• When publishing past exam questions on the web or distributing them atopen campuses, permission from the copyright owner is required since
Article 36 is not applicable.

Performances, etc. not for profit (Article 38)• Public stage performances, musical performances, on-screen presentations,or recitations of a published work are OK if they are not for profit, if no fee ischarged by the audience, and if no compensation is paid to the performers.
• It is OK to lend copies of published works, such as CDs, when not for profit
and when no fee is charged by the lender.

POINT

Limitations of rights seek to promote fair exploitation by limiting the rights
of authors.

History of Mascot
Characters

History of Mascot
Characters

The following two are particularly useful limitations of rights in the classroom
and are discussed in detail in Chapter 2.

• Citation (Article 32(1)).
• Reproduction, etc. in educational institutions (Article 35).
32

MEMO *7
This provision was establishedbecause it is not appropriate
to obtain permission from the
copyright owner in advance due tothe nature of the examination.

MEMO *8
Although modification of questions
that are necessary due to thenature of the question (e.g., fill-inthe-blanks questions) raises issues
concerning the integrity right,
modification is permissible to theextent necessary as an unavoidable
modification (Article 20(2)(iv)) (seeTatsuhiro Ueno, Copyright Guide
for Educators and Researchers,
Yuhikaku, 2021, p. 148, and See also
Nobuhiro Nakayama, Copyright Law,
4rd ed., Yuhikaku, 2023, p. 441).

Penal Provisions
We have explained various rules that you should comply with, but if you
break those rules and the criminal court determines that you have willfully
infringed copyright, the criminal penalty is imprisonment for not more than 10
years or a fine of not more than 10 million yen, or both (Article 119(1)).

KonakaIt's still a crime to break the law...

Daiin

SumikiThe reason why the Copyright Act has this systemis that there is no need to prosecute if the author or
copyright owner thinks it's okay.
However, just because you are not prosecuted does
not mean you can do it. It is still a violation of thelaw. As long as you are breaking the law, you neverknow when you might be prosecuted.

04 What is Copyright?

But copyright is a crime requiring a complaint
from the victim for prosecution, right?
You can't be guilty of a crime if no one submits
a complaint, right?

The Copyright Act was amended in 2018 to make it an offense prosecutablewithout a complaint from a victim if it meets all of the following requirements(Article 123(2)):• The purpose of obtaining compensation or the purpose of harming theinterests of the right owner.
• Transferring, publicly transmitting, or reproducing for such purposes, in its
original form, a copyrighted work that is offered or presented to the public
for a fee (paid copyrighted work, etc.).
• Unjust harm is caused to the interests of right owners who are expected togain from the provision or presentation of paid copyrighted works, etc.

Specifically, selling pirated copies
of manga, movies, anime, etc., or
publishing them on the internet canbe a criminal offense even without acomplaint from the rights owner.
On the other hand, derivative works

Penaltysuch as fanzine (dōjinshi) sold at
Comiket and other events remains acrime prosecutable upon a complaint
from the victim.
33

CHAPTER 2 Copyright in Classes
SECTION

01

Classes and copyrighted works
This section describes the requirements for dealing with third-party copyrighted
works in classes, the definitions of terms, and the flow for dealing withcopyrighted works in classes.

Copyrighted Works in Classes
CHAPTER 2

Sumiki

Copyright in Classes

What are some of the situations in which you deal
with third-party copyrighted works in your classes?

KonakaUse of text or illustrations in print or ...

Daiin

I sometimes use them in the slides I show in myclass. I also use the LMS (Learning Management
System) to distribute materials.

SumikiDr. Konaka also writes on the board
and reads to the students, right?

KonakaOh, is that related to copyright too?

Sumiki

Writing on the board is related to reproduction
rights, reading publicly is subject to recitation rights,
and distributing materials in the LMS involves
reproduction and public transmission rights.

Daiin

In "Chapter 1 Section 04 What is Copyright?" (P.22)
we were told that viewing and operating a website
is a public communication.

34

Sumiki

We have that, too. Also, there are times when
we play videos in classes, and that involves onscreen presentation rights.

KonakaSo, copyright involves many different rights.

In "Chapter 1, Section 04 What is Copyright?"(P.30) we talked about available
copyrighted works and limitations of rights. When handling a third party's
copyrighted work in classes, it is necessary to confirm as shown in the "flowchart for handling copyrighted works in classes" below. 01
Flow chart for dealing with copyrighted works in classes.

Copyrighted work?

NO

YES
In the public domain,or license allows use?

YES
OK to use.

NO
Any statutory limitations(Articles 30 to 47-5) applicable?

01 Classes and copyrighted works

01

YES

NO
Obtain permission or give up.

There are many provisions limiting rights, but in the classroom, it isrecommended to keep in mind "Citation (Article 32(1))", "Reproduction, etc.
in schools and other educational institutions (Article 35)", and "Non-profit onscreen presentation, etc. (Article 38)".
Article 38 can apply to many cases like the previous examples such as
reading to a class or showing a video.
We explain Articles 32 and 35 in more detail in the following sections.

35

CHAPTER 2 Copyright in Classes
SECTION

02

Citation (Article 32(1))
This section explains "Citation" under the Copyright Act. There are manyrequirements regarding "Citation", and there are many explanations, but please
try your best to read them.

What is a citation?
CHAPTER 2

Sumiki

Copyright in Classes

What do you think of when you hear
the word "citation"?

Daiin

If it's used or pulled from somewhere else,
is it a citation? Is it a reprint?

KonakaLike a summary or something?

Sumiki"Citation" in the broadest sense means different
things to different people. What is explained here is
only a "citation" under the Copyright Act. Please notethat the term "citation" used in a broader sense has adifferent meaning.

Article 32(1) of the Copyright Act states:
Article 32 (Citation)(1) A published work may be quoted and used. In this case, the citation
shall conform with fair practice and within the scope justifiable for news
reporting, criticism, research, and other citations.*1

To use a copyrighted work as a citation under Article 32(1), all of the following
requirements must be met:

36

MEMO *1
CRIC, Copyright Law of Japan:
https://www.cric.or.jp/english/clj/
cl2.html

• A published work.
• A "citation".
- Distinctiveness: the cited part must be clear (e.g., brackets, separatorlines, etc.).
- Master-subject relationship: the text is the "master" and the cited part isthe "subject" in both quantity and quality.
• Use by citation is consistent with "fair practice" and "within the legitimate
scope for the citation".*2- It should not cause significant financial damage to the copyright owner,such as adversely affecting the sale of the copyrighted work, and thequestion is whether the portion of the entire work that is cited and used isreasonable in scope.
• Indicate the source.*3• The cited part must not have been altered.*4

What does it mean that "it must be a citation" isamong the requirements for applying a citation?

SumikiYou want to reproduce a third party's work for some
purpose.*5 At that time, it must be clear which part ofyour work is being reproduced (distinctiveness), andyour work must be qualitatively and quantitatively
the "master" (master-subject relationship). These
are the minimum requirements for a "citation" rather
than a mere reprint [difference between citation andreprint]. 01

The purpose, method, and mannerof the use of another person's work,
the type and nature of the work to
be used, and the existence or nonexistence and degree of influence on
the copyright owner of the work inquestion should be comprehensively
considered. Tokyo District Court,
February 21, 2018 (2016 (wa) 37339)[Okinawa Urizun no Ame Case].

MEMO *3
To be precise, the indication of
the source (Article 48(1)(i)) is nota requirement for citation, but acourt considers it in determining
whether it conforms to "fairpractice" (Intellectual Property High
Court, August 23, 2018 (2016 (ne)10023) [Okinawa Urizun no Ame
Case]). In any case, it is important tounderstand that the source must be
indicated.

MEMO *4
Although not strictly a requirement
for citation, we also add that thecited part has not been alteredbecause of the need to consider the
integrity right.

02 Citation (Article 32(1))

Daiin

MEMO *2

MEMO *5
There is no definition of "reprint"
in the Copyright Act. According toNobuhiro Nakayama, CopyrightLaw, 4rd ed., Yuhikaku, 2023, p. 428,
"Reprint means publishing a work inwhole or in part as is. The citation is
also a type of reprint".

Daiin

I see. So, if it is a "citation," and all the otherrequirements, such as the source indication,
are met, then Article 32 can apply.

SumikiYour understanding is correct.*6

MEMO *6
There are various opinions onunderstanding the requirements
for citation, especially regarding
distinctiveness and the mastersubject relationship. Regardless of
the understanding, as long as theserequirements are met, it will be alegitimate citation.

37

01

The difference between citation and reprint.
Citation

Reprint
Your own text

Stephen King,The Shining

Your own text

Your own text

Text of others

Your own text

CHAPTER 2

ColumnThere is also an opinion that the necessity of citation is a requirement. For
example, Moriyuki Kato, Commentary on the Copyright Act 7th revised ed.,
CRIC, 2021, p. 302, and the Tokyo District Court, February 9, 2011, pointed

Copyright in Classes

out that the lack of necessity of citation is one circumstance that is
consistent with "fair practice" and does not fall "within the legitimate scope"for citation. However, the prevailing view is that the necessity of citation is
not required (Nobuhiro Nakayama, Copyright Law, 4rd ed., Yuhikaku, 2023,
p. 421).

Sumiki

It is often not a legitimate scope for citation
to include illustrations for liveliness because
the margins of prints, slides, etc. are blank.
However, if you need to study or critique acertain character, you can cite and use a pictureof that character.

Daiin

If it was a study of Pikachu, you could use
Pikachu's picture.

Sumiki

You need to fulfill all the requirements forcitation, so it does not mean that you can use
any picture of Pikachu if you are researching
Pikachu.

KonakaWhat is the source? ...

38

SumikiHaha, the usual way to say it is "show the source".

Daiin

If it's a sentence, it has to be written as is, right?
Even if there are typos in the original text?

Sumiki

The cited part should be written as it is. If there are typosor omissions in the original, it is best to write "as is" orsomething similar. Translated citations are allowed under
the Copyright Act.*1

What should I do with the images and such? Do I cropa portion of the image with the minimum necessary or
use it in its original form without alteration?

While translation citations (Article
47-6(1)(ii)) are permitted under the
Copyright Act, a summary citation is
not permitted under the Copyright
Act and is left to interpretation (acourt permitted summary citation,
see Tokyo District Court, October30, 1998, HANREI TIMES No. 991, p.
240 (Blood Type and Personality in
Social History Case)).

02 Citation (Article 32(1))

KonakaMEMO *1

Sumiki

The basic rule is to use the image as is. However, if
you wish to refer to a part of the image with particularattention, you must indicate that it is a part of the image
and make it clear that it is a citation [example of citing animage]. 02 *2

02 Sample image citation.

MEMO *2
Nobuhiro Nakayama, CopyrightLaw, 4rd ed., Yuhikaku, 2023, p. 428,
states, "In the citation, the issue ofthe integrity right inevitably arises
unless the citation is full, but aslong as a partial citation is the norm
and the citation is legal, the author
is unlikely to be misled as to its
connection with the work. As longas the citation is lawful, there is little
risk that the author will be misled as
to the connection with the work. The
court concluded that the integrity
right is not infringed.

Enlarged image

Original image:oo Architectural Photo Book, P.XX,
photographed by Yuki Amano.

Designed by Kengo Kuma andAssociates, located on the
Ookayama campus of Tokyo
Institute of Technology, it ischaracterized by a large stairlike roof. The roof, composed ofplanting and deck.

39

DaiinWhat should I do with a video? I know you said not to alter it,
but don't you want to mention just a particular scene?

Sumiki

For videos, it is possible to cut out the part of thevideo to be cited to the extent necessary or to use
screen captures. Again, the citation must be clear andmeet all requirements for citation.

CHAPTER 2

KonakaThe extent of using only what is needed is wellunderstood, but what is the master-subject
relationship like?

Copyright in Classes

SumikiIn the case of text, the part you are writing must
be more than the cited part. In the case of images,
if the image is used in such a way that it has themain meaning, it does not count as a citation. For
example, a half-page spread in an art book is ahigh-quality image.

Daiin

In many cases, a slide page can only
contain the image and a little explanatory
text. Then the image will inevitably belarger.
Sumiki

I think you are usually using slides when you are
giving a presentation, so you are explaining verbatim.
If you do so, your content together with the teacher's
explanation would be the "master" content, and theimage would be the "subject" content, then I think you
can apply the citation.
However, if only this slide material is distributed, theteacher's verbal explanation will be lost, and when theentire slide is image-centered and one's explanation
part is thin in both volume and content, the mastersubject relationship may be NG.*3
Daiin

Hmmm, harsh ...

40

MEMO *3
The quantity of the mastersubject relationship is not formallydetermined. For example, it was heldthat it is not appropriate to compare
the number of works cited with thatof the cited work by taking only thepages where the work is cited in abook (Tokyo High Court, April 25,
2000, HANREI JIHO No. 1724, p. 124[Datsu Gomanizumu Sengen Case]).

POINT"Citation" under the Copyright Act must meet all requirements.

Distinctiveness

Master-subject
relationshipWithin copesitimategleeth
No modification

Requirementsof Citation

Ap
ubl
ish
ed

wo
rk

sourcete theIndica02 Citation (Article 32(1))
41CHAPTER 2 Copyright in Classes
SECTION

03

Reproduction, etc. for classpurposes (Article 35)
This section describes Article 35, which governs reproduction and public
transmission for classroom purposes. It also explains what happened when
Article 35 was amended in 2018.

CHAPTER 2

Limitations on rights when dealing with copyrighted
works in the classrlom
Article 35 of the Copyright Act provides for limitations on rights when
dealing with copyrighted works in the course of classes. It allows the use of

Copyright in Classes

other people's copyrighted works without the permission of the copyrightowner, although only to a limited extent, for materials that you wish to sharewith students in a class.
It is important to be aware that you cannot do everything, but what you cando and the scope of what you can do are "limited". They are written in the textof the Copyright Act, and the Guidelines for Article 35 under the Amended
Copyright Act attempt to summarize them in more concrete terms.
Such material, we simply call the Guidelines. The Guidelines are explained indetail in "Section 04: Guidelines for Article 35 under the Amended CopyrightAct"(P.48).
The Article reads as follows.
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 schoolor other educational institution (except one founded for commercial
purposes) may reproduce a work that has been made public or transmit
that work to the public (including making that work available fortransmission, if it is to be transmitted to the public via automatic public
transmission; hereinafter the same applies in this Article), or publicly
communicate a work that has been made public and is transmitted tothe public through a receiver to the extent that is found to be necessary
if the purpose of doing so is exploitation in the course of thoseclasses; 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 the work, the number of copies that would be
made, and the circumstances of its reproduction, public transmission, ortransmission.

42

Konaka

I don't know what you're talking about!
Impossible! I'm already confused ...

Daiin

The sentences in brackets are long and it's
hard to tell where they are connected ...

Sumiki

It is difficult because it is a legal expression. For thoseof you who find it difficult, we have the Guidelines for
Article 35 under the Amended Copyright Act. In thismaterial, the contents of the Guidelines will be explainedin an easier-to-understand manner.

It's got the word "amended" in it,
but what does it mean?

SumikiI need to explain the background behind thecreation of the Guidelines.

Amended Article 35 in 2018
The Copyright Act is often amended, and in 2018 there was a majoramendment to Article 35 and the sections related to it [former Article 35 and

03 Reproduction, etc. for class purposes (Article 35)

Daiin

amended Article 35]. 01 Specifically, a compensation system was introduced.
01

Former Article 35 and amended Article 35.

Under the former Article 35

Under the amended Article 35

Paragraph 1 For class purposes,
reproduction is allowed
without permission
if the requirements are met.

Paragraph 1 For class purposes, reproduction,
public transmission, and public communication
are allowed without permission
if the requirements are met.

Paragraph 2 For class purposes,
such as in remotejoint classes, etc.,
public transmission ispermitted without permission.

Paragraph 2 In the case of public transmission as
described in paragraph 1,‘a person that establishes
the educational institution must pay
compensation to the copyright owner.
Paragraph 3 For remote joint classes, etc.,
public transmission for class purposesdoes not require compensation.

43

Under the former Article 35, third-party copyrighted works were handled in
the classroom as follows.

What could be done without a license or free of charge for teaching
purposes?
• Reproduction- Reproduction for classroom use and distribution of reproductions in theclassroom.
• Public transmission in remote joint classes, etc.
- A class in which it is assumed that at least the teacher and students
are present at the main site and the students are present at a remotesecondary site, and the class is simultaneously relayed to a remote site
CHAPTER 2

using a teleconferencing system, etc.*1

MEMO *1
Ryo Shimanami, Tatsuhiro Ueno,
and Hisayoshi Yokoyama, Copyright
Law in Japan, 3rd ed., Yuhikaku,
2021, p. 198.

Copyright in Classes

When permission was needed.
• Public transmissions other than public transmissions in remote jointclasses, etc.
- Public transmissions outside of class hours and public transmissions foron-demand classes- Public transmissions of simultaneous broadcasts but without students
present at the site of the faculty member teaching the class (studio-typeclasses)• Public communication such as projecting the screen of a website onto ascreen with a projector.

Under the amended Article 35, public transmission for teaching and theaforementioned public transmission may be conducted without permission if
compensation is paid. The table below summarizes what can now be done foreach type of class, as shown in the "Permission for Public Transmission". 01
What complicates matters is that compensation is not required for all public
transmissions. Among public transmissions, so-called remote joint classes,
etc., can be used without compensation and a license (Article 35(3)).
This is because the use that could be made free of charge before the2018 amended Copyright Act will continue to be made free of charge,
leaving use that can be made free of charge for public transmission after theamendment.*2

MEMO *2
The terms "public transmission"and "public communication" areexplained in "Section 04 What is
Copyright?".(P.22) The definitions ofterms and specific examples in the
Guidelines are explained in "Section
04: Guidelines for Article 35 of theAmended Copyright Act"(P.48)
below.

44

01

Permission for public transmission
Where
students
participate in
class

Type of class

Traditional classes

Distribution oflearning
materials*2

Publiccommunication

Public transmission of materials

in classroom

in classroom

in class timeout of class
time

Live

Archived

◎

◯ *1

◯

◯

-

◯

Classroom◎

Classroom

Remote join classes-

RemoteStudio classes-

Remote-On-demand classes

-

◯ *1

◯

-

◎

-

◯

-

-

◎ :Since the former Article 35,it is allowed without peimission and without compensation.
◯ :Under the amended Article 35,it is allowed without permission and with compensation.
*1:No compensation required.
*2:Distribution via printouts,USB memory stick, AitDrop,or other closed communication within the classroom.

Public transmission of classes

◯

-

◯

◎

◯

◯

◯

The Agency for Cultural Affairs*3, states that this material uses the term
"remote joint classes, etc." because "remote joint classes" includes two types

-

◯

◯

◯

◯

MEMO *3
Guidelines, p. 25.

of classes. The term "remote joint classes, etc." includes "simultaneous relay
The difference is whether or not there is a faculty member at the secondarysite. In other words, a "simultaneous relay joint class" is a type of class in which
multiple venues, each with faculty members and students, are connected ina manner that allows two-way communication. In contrast, a "simultaneous
relay remote class" is a type of class in which a class being held in a classroom
at the main venue with faculty and students is streamed in real-time, and thestudents can take the class alone at a secondary venue such as their homes[Classification of Remote Class Types]. 02

02 Classification of Distance Learning Forms

Simultaneously relayed joint classes

Simultaneously relayed remote classes

03 Reproduction, etc. for class purposes (Article 35)

joint classes" and "simultaneous relay remote classes".

Secondary venue

Main venue

Secondary venue

Main venue

Studio classes

Main venue

Students’ homes

On-demand classes

ServerStudents’ homes

Students’ homes

POINT

Paying compensation has increased the number of situations in which
public transmissions can take place without permission!

45

Compensation should be paid to the copyright owners of copyrighted
works that have been publicly transmitted, but it is practically impossible
for teachers and students in the field to find the copyright owners and pay
them directly. Therefore, a management organization was created to collectthe compensation, which is then paid to the organization and distributed tothe copyright owners. This system is called the "Compensation System for
Public Transmission for Educational Purposes". The collective payment ofcompensation is also made by the educational institution's establishment,so there is no need for each teacher to pay it (Article 104-11). The establisher
is the city for a municipal elementary school, the prefecture for a prefectural
high school, or a national university corporation or school corporation for auniversity.
The organization that collects, manages, and distributes this compensation
CHAPTER 2

is called SARTRAS (Society for the Administration of Remuneration for Public
Transmission for School Lessons).*1

MEMO *1
SARTRAShttps://sartras.or.jp/en/

Copyright in Classes

Daiin

When you collect money from all over thecountry like that, what will it be used for?

Sumiki

Please do not be angry. We are sure that you will write
a paper or book, and if your work is used in a public
transmission in class, the money will be distributed toyou from the compensation collected.*2

MEMO *2
SARTRAS distribution page:https://sartras.or.jp/bunpai/

Daiin

What? Can I get money?

SumikiThat's right. So, when the time comes,
you will be contacted so please takethe necessary steps.

Daiin

What the heck, I'll just have to do it then.

46

When Article 35 was amended, a meeting was set up to bring together therights owners and the educational institutions to discuss how Article 35 shouldbe implemented. This is called the "Forum of Those Related about Educational
Use of Works" ("Forum").*3

MEMO *3

As explained in "Chapter 1, Section 01 What is the Copyright Act?"(P.04), it isdifficult to find a balance between the protection of rights and fair exploitation,
so it was decided that a common understanding should be determined byForum of Those Related about
Educational Use of Works:
https://forum.sartras.or.jp/

sharing opinions between the parties.
Legal experts also participate as members and provide advice on legal
perspectives.

e of
ut Educational Us

rks
Wo

03 Reproduction, etc. for class purposes (Article 35)

Forum of Those Re
lated
abo

47

CHAPTER 2 Copyright in Classes
SECTION

04

Amended Copyright
Act Article 35 Guidelines
This section describes the Guidelines prepared by the Forum, which explain how
to operate and make decisions when applying Article 35.

CHAPTER 2

Guidelines for Article 35 under the Amended CopyrightAct
The "Guidelines" are a summary of the operation of copyrighted works in theclassroom at the Forum explained earlier. This material provides an easy-to-

Copyright in Classes

understand explanation based on the Guidelines FY 2021, December 2020.*1 It
can be read in its entirety on the SARTRAS page.*2 You can also download the
PDF file. The Guidelines were first published in FY2020 and revised in FY2021.

SARTRAS, Guidelines for Article 35
under the Amended Copyright Act:
https://sartras.or.jp/unyoshishin/

Discussions are still taking place in the Forum regarding the contents of thisdocument, so it may be revised in the future. Be sure to always check for thelatest version.
On this material, we simply call as the Guidelines. In addition, this material
will be based on the 2021 version of the Guidelines. 01

01

Guidelines for Article 35 under the Amended Copyright Act

Guidelines for Article 35
under the Amended Copyright Act

48

MEMO *1

Definition

Examples of use in schools-Reproduction-Public Transmission-Public communication-Educational Institutions-Classes-Person in charge of teaching-Person taking classes-Extent that is found to benecessary-Cases where the interestsof the copyright owner would
be unreasonably prejudiced-Examples where permission
is not required-Examples where permission
is not required but paymentof compensation isnecessary-Examples where permission
is necessary

Reference-Laws and regulations

MEMO *2
Guidelines for Article 35 under the
Amended Copyright Act, FY 2021
Ed., Special Activities Supplement,
November 2021 is also available.

Definition of Terms
As explained in Chapter 1, the Guidelines explain terminology based on
specific scenarios when dealing with copyrighted works in the classroom.
Reproduction (p. 5 of the Guidelines)
So-called photocopying, but making a PDF of a paper or taking a photographof a paper document is also a "reproduction". The following examples fall under
the category of reproduction.

Applicable Examples• Literary works written on the blackboard.
• Writing literary works in notebooks.
• Typing the literature into a Word file on your computer or other device andsaving it.
• Copying paintings on drawing paper.
• Copying works printed on paper with a photocopier.
• Scanned works printed on paper and saved as PDF files.
• Electronic files/work saved on a computer or USB memory stick.
• Storing works in electronic files on servers (including backups).
• Recording TV programs onto a hard disk.
• Capturing video data projected on a screen using a projector, etc., camera,
smartphone, etc.

Reproductions made under Article 35(1) may be distributed in class (Article47-7).
Public transmission (pp. 5-6 of the Guidelines)

04 Amended Copyright Act Article 35 Guidelines• Replicating sculptures with paper clay.

Transmission to "an unspecified person or a large number of specified
persons (the public)" by broadcasting, cable broadcasting, Internet
transmission, or other means, including making available for transmission
through the Internet by storing on a web server (making transmittable).
Transmission between a teacher and students in a class is a public
transmission.

Applicable Examples• Transmission of copyrighted works stored on servers located off-campus in
response to access by students, pupils, etc.
• Emailing work for a large number of students, pupils, etc.
• Posting copyrighted materials on the school's website.
• Telecasts.
• Radio broadcasts.

49

Non-Applicable Examples• Transmissions to the same premises (except those accessible from outside
the premises) made through broadcasting equipment located on the same
premises of the school or through a server, as in the case of in-school
broadcasts. *1

MEMO *1
Article 2(1)(vii-2), brackets.

KonakaI have a class of about 30 students.
CHAPTER 2

Sumiki

Copyright in Classes

P. 6 of the Guidelines says, "In general, transmission between a teacher
and students in a class is considered to be a public transmission", sowe should assume that Dr. Konaka's class is also public.
It is not clearly defined how many people are specifically referred to as"the public" in the Copyright Act.
According to the Guidelines, at least the standard number of people
in an elementary school class would make it "public," but there is no
specific standard for how many people fit the definition of "public". It isdifficult to handle such a legally gray area, but it seems that the Forumhas not yet reached a common agreement on the number of people.

KonakaIf you don't know, you should be
careful anyway...

Sumiki

It is important to note that if the number of people isunidentifiable (unspecified), they are interpreted as "thepublic" even if the number of people is small. This is anarea of disagreement even among the experts.
Daiin

There are only 5 people in my seminar.

Sumiki

Just because the number of people using a copyrighted
work is small does not mean that it is not representativeof "the public". If the number of people using a workchanges from time to time, it is "unspecified" and canstill constitute "the public".
For example, it is expected that the Forum will set a
strict limit on the number of students in a seminar andthat certain criteria such as less than 10 students will be
set forth to exclude it from being considered a "public".

50

Public communication (p. 9 of the Guidelines)
A "public transmission," such as a broadcast or Internet distribution, isintended to be directly received by the public. A public transmission is when awork that has been publicly transmitted is further shown or heard by the publicusing a receiver.

Applicable Examples• Receiving videos on the Internet related to class content during a class,and having students and pupils watch them on displays, etc. installed in theclassroom.
• Websites related to class content are projected on a screen using a
projector in the classroom for students and pupils to see.

"Educational Institutions" to which Article 35 applies (p. 6 of the
Guidelines).
an organized and continuous basis, and is established under the applicablelaws and regulations, is an educational institution to which Article 35 applies.

Applicable Examples• Kindergartens, elementary schools, junior high schools, compulsory
education schools, high schools, secondary education schools, special
support schools, technical colleges, various schools, special training
schools, universities, etc. (School Education Law).
• Educational institutions similar to universities such as the National Defense
Academy, National Tax College, and local government agricultural colleges(laws and ordinances related to the establishment of each ministry,organizational ordinances, etc.).

04 Amended Copyright Act Article 35 Guidelines

A non-profit educational institution that engages in educational activities on• Educational institutions related to vocational training, etc. (e.g., Human
Resources Development Promotion Act).
• Daycare centers, certified child daycare centers, and school-age
childcare centers (Child Welfare Law, Law Concerning the Promotion ofComprehensive Provision of Education and Care for Pre-school Children).
• Community centers, museums, art galleries, libraries, youth centers,
lifelong learning centers, and other similar social education facilities (Social
Education Law, Museum Law, Library Law, etc.).
• Education Centers, Teacher Training Centers (Act on Organization and
Administration of Local Educational Administration, etc.).
• Schools managed by a company establishing schools (Act on Special
Zones for Structural Reform. Educational institutions established by a forprofit company, but classified as an educational institution under a special
exception).

51

Non-Applicable Examples• Educational facilities run by for-profit companies or private individuals.
• Preparatory schools and cram schools that are not accredited as special
training schools or various types of schools.
• Culture centers.
• Training facilities run by companies, organizations, etc.

"Classes" to which Article 35 applies (p. 7 of the Guidelines)
The "classes" here are not classes in the general sense, but only "classes" towhich Article 35 can apply. The Guidelines define it as "educational activities
conducted by a person in charge of education under the responsibility of a
CHAPTER 2

school or other educational institution and its control, for learners. It does notinclude activities conducted by students on their own initiative or by teachers
teaching each other.

Copyright in Classes

Applicable Examples• Lectures, practical training, exercises, seminars, etc.
- Students’ preparation and review are also included in the "teachingprocess".
- Preliminary learning for flipped learning is also included in the "teachingprocess".
• Special Activities in Elementary and Secondary Education. *1- Classroom and homeroom activities.
- Extracurricular activities.

MEMO *1"Special Activities" as defined in the
Courses of Study.

- Student and Student Council Activities.
- School events (entrance ceremonies, graduation ceremonies,
commencement ceremonies, closing ceremonies, school trips, field days,
swimming competitions, cultural festivals, chorus festivals, etc.).
• Elementary and secondary education club activities, extracurricularsupplementary classes, etc.
• Educational activities for teachers conducted by the Education Center andTeacher Training Centers.
• Teachers' license renewal training.
• Correspondence classes through distance learning (e.g., paper or LMSbased correction guidance and examinations), face-to-face classes,
internet-based media classes (online delivery classes using Zoom, etc.), etc.
• Public lectures sponsored by schools, universities, and other educational
institutions. *2• Certificate programs for working adults and others outside the university.
• Courses, lectures, etc. sponsored by social education facilities.

52

MEMO *2
Projects to be undertaken by thecompany as its own business.
Separate consideration is requiredfor projects of a considerable scalein light of income and expenditurebudgets.

Non-applicable examples• School information sessions for prospective students, mock classes at open
campuses, etc.
• Faculty and Staff Meetings.
• Training, seminars, and information for faculty and staff conducted as FD/
SD at universities.
• Extracurricular activities in higher education (club activities, etc.).

WORD
FD (Faculty Development)
Organizational efforts (e.g., training)by faculty members to improve andenhance course content andmethods.

• Voluntary activities (for which no credit is granted).
• Parents' associations (at a school).
• Lectures sponsored by community associations, lectures for parents andchildren sponsored by the PTA, etc., held at schools and other educational
institutions' facilities.

Are primary and secondary club activities "classes"
and college club activities not "classes"?
SumikiClub activities in elementary schools are defined as
educational activities called "special activities" in
the Courses of Study. Club activities in junior highand high schools are voluntary activities of students,
but they are equivalent to special activities, such as
those conducted under the guidance of the teacher incharge.
On the other hand, this is not the case for universities,
which means that they do not fall under the definitionof "classes. "SD (Staff Development)
Organizational efforts (training, etc.)
to improve the qualifications of staff
members, including administrative
management and education/
research support.

04 Amended Copyright Act Article 35 Guidelines

Daiin

WORD

53

"Person in charge of teaching" and "person taking classes" (p. 8 of the
Guidelines)
Next, we will explain the "person in charge of teaching" and the "person
taking classes" in Article 35. These are defined as follows.

Person in charge of teaching = the person who teaches the class• Teachers, professors, lecturers, etc., regardless of name, having teaching
licenses, or employment status such as full-time or part-time.
• When educational supporters and assistants such as administrative
staff and Teaching Assistants (TAs), under the direction of teachers andinstructors, reproduce or publicly transmit the materials by using school
facilities or other means under the control of the school, it is an act of the
CHAPTER 2

teachers and instructors.

Copyright in Classes

Persons taking classes = persons who learn under the guidance of ateacher or other instructor• Children, students, pupils, non-degree students, pupils, etc., regardless ofname or age.
• If, at the request of a student or pupil, an educational supporter or assistant,such as an administrative staff member or TA, duplicates or publiclytransmits the work in a manner that is within the control of the school, suchas by using school facilities, the act is an act of the student or pupil.

The extent that is found to be necessary (p. 8 of the Guidelines)
The faculty member in charge of the class will determine whether the
reproduction is "the extent that is found to be necessary" for the classes.
The teacher must be able to objectively explain why reproduction, public
transmission, or public communication is necessary.
No standard can always be used to determine whether a book is within "theextent that is found to be necessary," for example, how many pages it can be.
It depends on the content of the class and the way it is conducted and should
be determined according to the actual conditions of each class.

54

When the extent is found to be necessary:• Public transmission to within one class. Any number of class members.
• Distributing copies of class materials to parents visiting classes andteachers participating in research classes. *1

MEMO *1
P. 12 of the Guidelines.

When the extent is found not to be necessary:• Public transmission in a form that can be accessed by anyone.
• Distributing video files to the entire class when the instructor only needs toproject a TV program related to the class content on a screen.
• Use of teaching materials with other faculty members.
• Copying the entire book and transmitting it publicly to students, eventhough only a portion of the book is used in class.

Understand the definitions in the Guidelines to determine if Article 35 canapply.

Cases in which the interests of the copyright owner would be unreasonably
prejudiced (pp. 9-19 of the Guidelines)
The end of Article 35(1) says, however, this shall not apply" if the action
would unreasonably prejudice the interests of the copyright owner in lightof the nature and purpose of the work, the number of copies that would be
made, and the circumstances of its reproduction, public transmission, orcommunication". This proviso should be taken into consideration.

04 Amended Copyright Act Article 35 Guidelines

POINT

KonakaWhen does "unreasonably prejudice theinterests of the copyright owner" take place?
Sumiki

Just by reading the article, it's not clear to what extent it would be unduly
harmful.
P. 11 of the Guidelines states that an important aspect is "whether or not the
reproduction or public transmission will decrease the sales of commercial
products or hinder the potential future sales channels of copyrighted works".
For example, if all the math drills used by elementary school students were
copied and distributed to everyone in the class, there would be no need tobuy the drills. This kind of action unreasonably prejudices the interests of the
copyright owner.
However, it is difficult to determine, as it depends on the situation and thestate of use. This area is also discussed in the Forum and will be explained.

55

The term "unreasonably prejudice the interests" as used in the proviso
means "unreasonably reducing" sales. Even if the use is to "the extent that isfound to be necessary", if the copyright owner can objectively explain that theuse "unreasonably prejudices the interests of the copyright owner," such use
is unauthorized and not allowed.
If works are reproduced or publicly transmitted without permission forteaching, it will have some impact on the sales of commercial products. This
is why the system of paying compensation was established. Therefore, it isthought that a little use can be covered by compensation. The wording to"unreasonably prejudice the interests of a copyright owner" is indicative of aconsiderable amount of usage.
CHAPTER 2

The Guidelines provide the concept and examples of what constitutes to"unreasonably prejudice the interests of the copyright owner".
Types of works

Copyright in Classes

Reproduction and public transmission of copyrighted works, such as
drills and software, which should be purchased separately by each student/
pupil, unfairly diminish sales and unreasonably prejudice the interests of the
copyright owners.
In the case of short verbal works (haiku, tanka, poetry, etc.), pictorial andphotographic works, the use of the entire work is essential, and partial use
may constitute an infringement of the integrity right. For such types of works,
reproduction or public transmission of the entirety of a work is unlikely tounreasonably prejudice the interests of the copyright owner, etc.
On the other hand, the reproduction and public transmission of an entire
feature film or novel are likely to cause unreasonable prejudice to the interestsof the copyright owner. If a work is quite difficult to obtain, and permission for
its use cannot be obtained through reasonable means, it may be possible toreproduce the entire work, and it is considered necessary to make a judgment
on a case-by-case basis.
When reading a thesis in a college class or seminar, you will generally readthe entire report. On the other hand, because the articles are specialized,
their target readers are limited, so when reproducing or publicly transmitting
them in class, it is necessary to carefully consider whether the interests of the
copyright owner will be unreasonably prejudiced (Chapter 3, Q14, Q15).*1
Uses of Copyrighted Works
In the case of works sold to students and pupils, the application of Article
35's limitation of rights may have a direct impact on sales. Therefore, thepossibility of unreasonably prejudicing the interests of copyright owners is
likely to be higher than in the case of other uses of copyrighted works.
If the work is designed as a textbook for students and pupils, it is unlikelythat the reproduction of a large portion of the work will unreasonably prejudice
the interests of the copyright owner if it is in the designated textbook andeveryone has it.

56

MEMO *1
If the article you need is available
for free in a university-contracted
e-journal, author's website, or
institutional repository, provide thelink to the student. Providing the link
does not constitute reproduction
or public transmission, so it is not a
problem.

Number of copies and number of recipients of public transmission
P. 18 of the Guidelines states that reproduction and public transmission up
to the number of students in the class in question, regardless of the number ofstudents, will not unreasonably prejudice the interests of the copyright owner.
In addition, when the same materials are sent to students for parent visitsor faculty visits in research classes, the number of students plus the numberof visitors is "the extent that is found to be necessary". In this case, this would
not unreasonably prejudice the interests of the copyright owner.
Showing a recording of a movie or TV program in the classroom can be done
without permission as a non-profit, free-of-charge showing (Article 38(1)).
However, making a copy of the movie and distributing it to a certain numberof students or making it available for viewing on demand at any time is likely tounreasonably prejudice the interests of the copyright owner.*2

The term "manner" is unfamiliar, but it means so much more than themanner of reproduction or public transmission.

As for making available for laterviewing not the video file itself but
a recording of the class scene inwhich it is being viewed, there isno substitute for viewing the video
file, so it is unlikely to unreasonably
prejudice the copyright owner's
interests.

Making copies of a work in a form that allows the work to be bound andpreserved for a long period, or making copies of images or sounds as files ofsuch high quality that they can be viewed independently, or in any other way
that allows the copies to be used for other purposes on their own, is likely tounreasonably prejudice the copyright owner's interests.
In the case of public transmissions, those who can receive the information
should be limited to those who teach the class and those who receive theinformation. For example, even if the transmission of information to the world
by students is a necessary activity for classes, the inclusion of copyrighted
works covered by Article 35 in such activities is likely to unreasonably
prejudice the interests of copyright owners.*3

04 Amended Copyright Act Article 35 Guidelines

Manner of reproduction, public transmission, and public communication

MEMO *2

MEMO *3
Of course, if the "citation" in Article
32 can apply, there is no problem.

The basic concept is above. Examples are summarized below.

Examples where reproducing the whole thing is unlikely to unreasonably
prejudice the interests of copyright owners.
• Use of copyrighted works in adopted textbooks.
- Includes individual works (written works, photographs, illustrations, etc.)
as well as works by the publishers who published them.
- Digital textbooks for learners used as a replacement for adopted textbooks
are also allowed for use within the contract.
• If it is difficult to use only a part of the material, or if the right of identity
preservation would be infringed by cutting out a part of the material.
-Haiku, tanka, poetry, and other short works of language.
-Articles and other verbal works published in newspapers.
-Photographs, paintings (including illustrations, prints, etc.).
-Sculptures and other three-dimensional works of art.

57

• Articles in magazines and other publications that have been out ofcirculation for a considerable period and are no longer readily available.
• Reproduction of a portion of the material (all figures and graphs, etc.) thatthe student/pupil has purchased and projected on a screen for display.
• Copyrighted works used as part of images in videos of classroom scenes
and commentary.

Examples that are likely to unreasonably prejudice the interests ofcopyright owners.
CHAPTER 2• Handing out copies of all the books in one class, such as "Chapter 1 in thefirst class, Chapter 2 in the second class...".
• Providing copyrighted works that students would normally purchase anduse in a form that does not require them to purchase them.

Copyright in Classes- Drills, reference books, test books, music scores for teaching materials,
supplementary reading books, educational video software, scripts forplays, music scores for club activities, etc.
• Purchasing only one program or one license of a program or application, andduplicating and distributing it to multiple students or pupils.
• Collecting art, photographs, etc., and distributing high quality, bound copies.
• Systematically storing copyrighted works as materials on servers, creating
databases and libraries, without knowing whether or not they will be handled
in class.
• Although not directly covered in class, copies should be distributed as
reference materials.

POINT

Do not unreasonably prejudice the interests of copyright owners!

58

Konaka

In short, Article 35 stipulates that "published works"
may be used by teachers and students "in thecourse of classes" at the appropriate "educational
institution" to the "the extent that is deemed to benecessary" for the classes. As long as the amountand usage do not unreasonably prejudice theinterests of copyright owners, you don't have to get
permission from the copyright owner.

Daiin

Teachers and students can reproduce,
publicly communicate and pay
compensation for public transmissions.

04 Amended Copyright Act Article 35 Guidelines

Sumiki

Incidentally, Article 35 can also apply to neighboringrights (Article 102(1)). Thus, you can use copyrighted
works that have been performed, recorded, broadcast,or broadcast by cable.

clear

Use under

Article35Not
asunre onably
prejudicethe interests ofthe copyrightowner

Extentnecessary

clear

clear

Teachers

Classesclear

A
publishedwork59CHAPTER 3 Q&A on the Use of Copyrighted Works in the Classroom

Q&A on the Use of Copyrighted
Works in the Classroom

SECTION

01
E

This chapter provides Q&A for specific cases on dealing with third-party
copyrighted works in the classroom.

CHAPTER 3

Elementary, middle: forelementary school, junior highschools, and high schools

Q&A on the Use of Copyrighted Works in the Classroom

Q1

H

High: for universities, higher
professional schools, etc.

Can I introduce a newspaper article
about my school on our website?

E

H

KonakaMy school's activity was featured in the local
newspaper and I would like to introduce it.
Can I make a PDF of the full article and post
it on my school's website?

SumikiIn such a case, your activities include "reproduction"and "public transmission" and require the permissionof the newspaper as the copyright owner. If thearticle is available on the newspaper's website, it is
no problem for you to put a link to the article on yourschool's website.

Q2

Can teachers involved in thecreation of jointly produced teachingE

Hmaterials use them?
Daiin

I've created one material with several class teachers, butsome of it is mixed with third-party copyrighted material.
Can a teacher use the material in each of the classes by theteachers who participated in the creation? Do they needpermission from a third party?

60

SumikiEven if a third party's copyrighted work is partially
included, the teacher can use it as long as therequirements for citation are met, so permission fromthe third party is not required. Also, since everyone isworking together to create one teaching material, it islikely to be a joint work, but of course, it will be agreed
that each teacher will use it in their class, so there is
no problem in reproducing it in each class or making apublic transmission in an online class.*1

MEMO *1
Article 65(2)Q3Can I reproduce copyrighted
material and provide it to otherE

H

teachers?
01 Q&A on the Use of Copyrighted Works in the Classroom

KonakaCan I make a copy of my book and giveit to another teacher who teaches a
different class?
Sumiki

Article 35(1) cannot apply unless the teacher, etc. incharge of the class takes the initiative to reproduce thematerial. Since Dr. Konaka is not in charge of that otherclass, they need the permission of the copyright owner.
Daiin

Then, Dr. Konaka could lend the bookto the teacher free of charge, and theteacher who borrowed the book could
make a copy.

SumikiThat would be fine.*2

MEMO *2
Article 38(4)

61

Q4

I would like to present essays andreports of graduating students toEH

the class.
KonakaI would like to use an excellent essay of a
graduating student in my Japanese class this year.

Daiin

CHAPTER 3

I, too, would like to show the excellent
reports of the students in last year's classand hand them out to this year's class.
SumikiQ&A on the Use of Copyrighted Works in the Classroom

Since Article 35 applies only to published copyrighted
works, the permission of the copyright owner (author)
is required in both cases.*1 You will also need toconsider the publication right (Article 18(1)) and theattribution right (Article 19(1)).

Q5Can I introduce illegal copyrighted
materials in class?

MEMO *1
In the case of minors under 18 yearsof age, the permission of a parent
or guardian is required (Civil Code
Articles 4 and 5(1), main text).

H

Daiin

I want to show illegal examples in the class. Like,they're manipulating images of celebrities anduploading them on social media. How can I handle
copyrights for illegal stuff?
Sumiki

The copyright belongs to the person who took theoriginal photo, and there are issues of privacy rights
and publicity rights for celebrities, but as long as
the teacher explains how the image is illegal and therequirements of the citation, including the mastersubject relationship, are met, the image can be usedas the citation.*2

MEMO *2
There is no requirement that thecitation must be taken from alegitimate source. See Tatsuhiro
Ueno, Copyright Guide for Educators
and Researchers, Yuhikaku, 2021,
p.180.

62

Q6

Can I show you a film in class?

E

H

Konakato usean excellent
essay
of a like to show a
I would
have alike
Netflix
subscription,
andI would
graduating student
my Japaneseclass thisyear.
documentary
film oninanimals
to students
in myclass.
SumikiThus, although there are provisions in the law limiting
copyrights, attempts to limit them by contract are called“overriding”, and even experts have different opinions
on whether contractual limitations should be valid.
The Forum is currently discussing this issue, and I mustsay that it is a difficult issue right now due to the risk ofviolating the Terms of Use.
However, the rules of Netflix also state that someeducational original documentaries may be shown only
once for educational purposes. Be sure to check thelatest Terms of Use.

Q7

Can I post videos of my reading of astory to others on the Internet?

MEMO *3
Netflix, Terms of Use:
https://help.netflix.com/en/legal/
termsofuse
Educational screenings of
documentaries:
https://help.netflix.com/en/
node/57695

01 Q&A on the Use of Copyrighted Works in the Classroom

If Dr. Konaka uses a projector to project onto a screen, it
would be a "public communication" and Article 35 could
apply. I would say, however, if you read Netflix's Termsof Use (4.2), you will find that "The Netflix service andany content accessed through the service are for yourpersonal and non-commercial use only and may not beshared with individuals beyond your household unlessotherwise allowed by your subscription plan…You agree
not to use the service for public performances".*3

E

KonakaI'm talking about a story for children. Can I upload avideo of my reading of a story to a web server so thatstudents can watch it from home at any time?
SumikiThat would be the "reproduction" and "public transmission" of theentire story. Therefore, Article 35 cannot apply because it would
unreasonably prejudice the interests of the copyright owner.

63

Q8

Is there a problem if I arrange apiece of music in a way that makes itEeasier to practice?
KonakaSince it is difficult to play an original popular anime
song, can the music teacher simply arrange it sothat elementary school students can play it as an
ensemble with recorders and practice it in class?
SumikiCHAPTER 3

This can be done without permission, as Article 476(1)(i) states that translation, musical arrangement,
reformation, or adaptation is allowed when Article
35(1) is applicable.
KonakaQ&A on the Use of Copyrighted Works in the Classroom

Can I play the arranged song at
the school concert?

Sumiki

You may think that the limitation of rights in Article
38(1) can apply to school concerts because they are
non-profit, free-of-charge performances. However,
Article 38(1) applies to the use of copyrighted works as
they are, and does not apply to musical arrangements(Article 27) (see Article 47-6(1)). Therefore, thepermission of the copyright owner is required.*1

Q9

I would like to play recorded TV
programs during lunchtime.

E

MEMO *1
For example, it is possible that a very
simple change in instrumentation
does not add new creativity anddoes not constitute a "musicalarrangement" under the CopyrightAct. In such a case, there may beroom for interpretation that if therequirements of Article 38(1) are
met, the copyrighted work can be
performed publicly and does notconstitute an infringement of theintegrity right.

KonakaI would like to play my recorded educational
program on the classroom TV during lunchtime.
SumikiSchool lunch is a "special activity" as stipulated in
the Courses of Study, and therefore constitutes a"class". Recording for teaching is "reproduction" andArticle 35(1) can apply. Broadcasting on television
is a non-profit, free-of-charge showing, and Article
38(1) can apply.*2

64

MEMO *2
See Tatsuhiro Ueno, Copyright
Guide for Educators andResearchers, Yuhikaku, 2021, p.118.

Q10

What should I care about when
dealing with foreign copyrighted

EH

work in the classroom?

Daiin

An English teacher wants students totranslate foreign novels. How can I help
them with foreign copyrighted work?

SumikiAs for foreign copyrighted works, Japan isa signatory to treaties such as the Berne
Convention, the Universal Copyright Convention,and the TRIPS Agreement, and is obligated toprotect copyrighted works from most countries
in the world.*3

MEMO *3Daiin

I don't know about foreign laws!

SumikiNo problem. The Japanese Copyright Act applies
when handling foreign copyrighted works in Japan.
A teacher’s copying of a novel for distribution to
students to the extent necessary for translation
is a "reproduction" and "translation" under the
Copyright Act.
If a teacher makes copies to the extent necessary,
reproduction is OK because Article 35(1) applies,
and translation by students in class is OK under
Article 47-6(1)(i).

01 Q&A on the Use of Copyrighted Works in the Classroom

Neighboring rights also have treaty
protection obligations under various
treaties.

65

Q11

What should students care about
when conducting a Bibliobattle?

H

Daiin

WORD

Students want to hold a Bibliobattle at
a school festival. Is there any problem
with the Copyright Act?

Bibliobattle
Participants are given 5 minutes tointroduce what they think is an"interesting" book, and theparticipants vote on which book theywould like to read the most. The
Official Website of Bibliobattle:
https://en.bibliobattle.jp/

SumikiCHAPTER 3

A university festival is not a "class" according
to the definition of "class" in the Guidelines,
so Article 35 is not applicable. Introducing
the contents in a few minutes may fall under
adaptation (Article 27) *1 for a summary andrecitation (Article 24) for a presentation.
Whether or not the summary is an "adaptation"is difficult to determine because it depends onthe extent to which the content of the book is
discussed in the presentation. If the essential
expressive features of the copyrighted work
cannot be directly perceived, the work is not an"adaptation" and permission from the copyrightowner is not required. *2 This is a case-by-caseconsideration.

Q&A on the Use of Copyrighted Works in the Classroom

Q12

TA wants to distribute last year's
exam questions to students.

For the definition of "class",
please see "Chapter 2, Section
04: Guidelines for Article 35 of theAmended Copyright Act, 'Class toWhich Article 35 Applies'".(P.52)

MEMO *2
Supreme Court, June 28,
2001, Hanrei-Ji, No. 1754, p.144(Esashioiwake Case)

H

WORD

Daiin

The TA wants to distribute the examquestions they took last year to everyone.

Sumiki

Does that mean that past exam questions frommultiple classes will be distributed together?

Daiin

That's right.

66

MEMO *1

TA (Teaching Assistant)
A student who assists in a class.

SumikiThat makes Article 35 inapplicable.
Students taking class A may reproduce only to the extent that it isdeemed necessary for the study of class A. Furthermore, the teacher
decides whether or not reproduction is necessary for the class, and if
the teacher decides that the students must study the past questions,only the part related to class A can be reproduced. The TA is allowed
to make a reproduction under the supervision of the school, forexample, by using the school's equipment.
Or, if the TA shares one of the class sessions as an assistant, they will
be a "person in charge of the class", but in this case, only the part ofthe class A session that they are in charge of can be reproduced.
I would need to get permission to distribute a compilation of past
exam questions from classes A, B, C, and D.

Daiin

Universities have a registration period, andstudents who are not registered and areprovisionally registered can take classes. A
student can take the first of a total of eightclasses and then not register for the main class.
In that case, would that provisionally registeredstudent be considered a "person taking classes"
under Article 35?

H

01 Q&A on the Use of Copyrighted Works in the Classroom

Q13

Is a student who has not registered
for this class considered a "person
taking classes"?

SumikiThe "class" in Article 35 is a class even if it is only
one class, and if you have taken the class properly
even once, you would be considered a person
taking classes. However, if the class materials
include a third party's copyrighted work, it would
be better to avoid distributing all eight materials in
the first class. It is easy to be judged as exceeding
the scope of what is necessary, and it may also
unreasonably prejudice the interests of the
copyright owner.

67

Q14

Is there a problem with photocopying
my paper and distributing copies toHstudents?

Daiin

My paper is very informative and I want to distribute it
to my students for their reading. No problem, right?

SumikiCHAPTER 3

If the copyright owner is Dr. Daiin, there is no problem.
However, you may have assigned the copyright to an
academic society or publisher. In that case, you should
be careful. First, check the copyright regulations of
the academic society or publisher. In many cases, itwill be written for your use.

Q&A on the Use of Copyrighted Works in the Classroom

Daiin

It's mine.

SumikiMany academic journals have regulations such as "Copyright belongs to
the Society from the time the final manuscript is submitted to the Society",in which case the authors of the paper do not have copyrights.
Moral rights that cannot be transferred may also be stated, such as "Theauthor shall not exercise moral rights”.
You should check these regulations carefully when submitting your paper.
Even if it is difficult to do so under the regulations of society, Article 32 canapply as long as the requirements for citation are met, and if it is necessary
in the course of teaching, Article 35 may apply if it is a part of a paper.

Q15

Can I distribute a whole paper tostudents?

Daiin

I would like to have a class in which students
read an English paper from beginning to end
and present its contents. May I distribute one
whole paper to the students?

68

H

SumikiWhile it is a basic premise that the entire paper is required to be read through, various
aspects need to be considered when distributing a whole paper. According to the Guidelines,
if the full text of a paper is necessary for a class, it is highly likely that reproduction or
public transmission of the whole paper will not unreasonably prejudice the interests of the
copyright owner if it is not necessarily reasonable for each student to purchase the paper
itself or a collection of papers, considering the following factors:• If the paper or collection of papers is readily available.
• If the paper has been published in a book of papers or other publication.
- Number of papers in all publications.
- The state of distribution of the publication and whether it is intended for the intended
audience at the time of the original publication.
- Whether the publication has been in existence for a reasonable period after publication.

H

Daiin

My first-semester class is from April to the end of September, but once Octobercomes, can't I put the course materials on the LMS course any longer?
Sumiki

Educational materials containing third-party copyrighted
material can only be publicly transmitted on the LMS forthe period of the class. The materials should be removed
after the period or their settings should be changed so thatstudents cannot access them.
It is difficult to determine when the class period begins
and ends, but in the case of universities, it seems safe toassume that the class period lasts until the evaluation ofgrades and credits is completed.
In addition, in classes that are supposed to be taken instages, such as "Exercise 1" and "Exercise 2", it would fallwithin "in the course of class" to allow students to view thematerial from Exercise 1 during the class period of Exercise
2 as well.*1
This is because the Guidelines state that preparation andreview are also "in the course of classes", and if there is acontent relationship between Exercise 1 and Exercise 2,
then the materials for Exercise 1 are equivalent to those forreview.
In addition, as explained at the end of "Chapter 2,
Section 04: Guidelines for Article 35 of the Amended
Copyright Act",(P.57) the possibility of continued use of
educational materials outside the period of a class is underconsideration to be covered by the SARTRAS license.

01 Q&A on the Use of Copyrighted Works in the Classroom

Q16

Can I still use the course materials
after the enrollment period?

MEMO *1
See Tatsuhiro Ueno, Copyright
Guide for Educators andResearchers, Yuhikaku, 2021, p.55.
WORD
SARTRAS License
As of November 2022, the SARTRAS
licensing system is being consideredto allow the use of copyrighted works
that are not covered by Article 35
and compensation without
permission.
This system would allow
reproduction and public transmission
beyond the scope of compensation
by paying a license fee. The scope
and form of use are still underconsideration.

69

CHAPTER 4 How to Obtain Permission

How to obtain permission
for useSECTION01

You need to obtain permission from the copyright owner when you cannot freely
use the copyrighted work due to the protection period, or terms of use, or if rights
limitations cannot be applied. This chapter explains how to obtain permission.

Steps for obtaining permission
We showed you the flow chart in "Chapter 2, Section 01, Classes and
CHAPTER 4

Copyrighted Works". Let's review the contents again.
When it comes to "obtaining permission or giving up", you can either: (a)remove the third-party’s copyrighted work or (b) find a replacement.
The following is an explanation when you select "Obtaining Permission".

How to Obtain Permission

Step 1: Find out who the author/copyright owner is

Sumiki

We would like to ask you to record the source
when using third-party works.
If you use several sources in a single material, it
is advisable to prepare a list of sources for eachmaterial.

Daiin

I don't do any of those things.

SumikiAs long as the class is held in a classroom, Article
35 can apply and it is fine. However, if, for example,
you decide to record a class by Dr. Daiin anddistribute it on the university's website, Article 35
does not apply because it is available to anyone.
There would be no problem if the citation could
apply, but it may be difficult in some cases.

KonakaIf you have a list of sources,
you can get permission basedon the list.

70SumikiThat's right. On the contrary, without it, you have tostart by finding out where the photo, illustration, or text
comes from.

Daiin

That's really hard.

Sumiki

Daiin

Secondhand citation?

SumikiIn other words, the site you saw may have reproduced
the image or other information from another site.
In that case, you have to look at the original site to see
who the author or copyright owner is and if there is
any indication of the licensor.

01 How to obtain permission for use

You need to clearly state the source when using
citations, too. These days, you are likely todisseminate your educational activities outside of theuniversity, so please be sure to record the source incase that happens.
Also, if you reproduce a work from a website, pleasebe careful to ensure that it is not a secondhand
citation of the work.

KonakaOh, that seems likely. I have to be careful.

71Step 2: Find out if there is any contact information
Many copyright owners offer contact information for licenses.
First, check the CRIC, Copyright System in Japan page to see if there is any
contact information. *1
For example, music copyrights are often managed by a management society,
JASRAC or NexTone, but sometimes they are not.
So, first, let's search JASRAC’s database to see if there are any songs you
want to use.*2 If you can't find the music you are looking for through JASRAC,
check NexTone's database.*3

MEMO *1
Overview of the Copyright System:
https://www.bunka.go.jp/english/
policy/copyright/system/
CRIC, Copyright System in Japan
https://www.cric.or.jp/english/csj/
csj7.html

MEMO *2

For example, a search of the Official Hige Dandism music in the databasereveals that it is managed by NexTone rather than JASRAC. In this case, youneed to apply to NexTone for permission.

J-WID, the database for JASRAC
works: https://www2.jasrac.or.jp/
eJwid/MEMO *3
NexTone Work Search Database:https://search.nex-tone.co.jp/

Step 3: Make a permission request
CHAPTER 4

If there is a point of contact, apply for a license through the point of contact.
Many points of contact are web forms. Check the fees, as there may be fees
involved; JASRAC and NexTone offer fee calculation simulations. *4 *5
If a calculation simulation is not available, read the Rental Fee Rules and

How to Obtain Permission

Regulations or obtain an estimate.
If there is no point of contact, contact the author or copyright owner directly
to obtain permission [Flow of Permission]. 01
01

Confirm thepoint of contact

When you do not know
the copyright owner

Receive a ruling

Obtainpermission

To avoid any misunderstanding with the copyright owner, you should
communicate in writing and on record. At a minimum, the following information
should be included:

72

JASRAC, Royalty Calculation
Simulation:
https://www.jasrac.or.jp/info/create/
calculation/simulation.html

MEMO *5
NexTone, Usage Fee Simulation:
https://sim.nex-tone.co.jp/

Flow of licensing

Identify the author/
copyright owner

MEMO *4• Works to be used.
• Users.
• Purpose of use (Specify).
• How to use (be specific)
e.g.: At a cultural festival with an audience of about 100 people, we do not
charge an admission fee, but we pay a fee to the guest actors. We
would like to use a script we created based on your novel.
• Term.
• Scope of use: is it all of the work or just a part of it?
• Compensation: if a fee is charged, the amount and method of payment.

For educational use, the fee may be low or free, so we recommend that you
inquire anyway.

Step 4: If you do not know the copyright owner
Even if you have tried to find out who the copyright owner is you still might
The Copyright Act provides for the use of copyrighted works with acompulsory license by the Commissioner of the Agency for Cultural Affairs andpayment of compensation (the compulsory license system if the copyrightowner is unknown) (Article 67). *1 The same adjudication system applies tocases if the owner of neighboring rights is unknown.

MEMO *1
Articles 67 and 103(1) of the
Copyright Act

Copyrighted works whose copyright owners are unknown are called "orphan
works." *2 The Orphan Works Demonstration Project Executive Committee,
consisting of rights owners' organizations, etc., has published a "Guide for
Preparation of Application Forms for Ruling on Works of Unknown Copyrightowners, etc." Please refer to this guide.
To apply, compensation is required in addition to the cost of advertising forthe right owner's search (usually 8,250 yen) and the adjudication applicationfee (usually 6,900 yen). For the amount of compensation, please refer to the
Agency for Cultural Affairs' simulation system for the amount of compensation

MEMO *2
Orphan Works Demonstration
Project Executive Committee:
https://jrrc.or.jp/orphanworks/
about/committee/

01 How to obtain permission for use

not be able to figure out who the actual copyright owner is.

Guide for Preparation of Application
Forms for Ruling on Works of
Unknown Copyright owners, etc:
https://jrrc.or.jp/orphanworks/
about/saitei_guide2021/

for adjudication. *3
MEMO *3
Agency for Cultural Affairs,
Simulation System for the Amountof Compensation in the Case of
Unknown Copyright owner: https://www.bunka.go.jp/saiteisimulation/73

Resources for learning about copyright•Seminar materials (Materials can be found at
the bottom of the screen under "Seminars,

For those who want to know more about copyright,
here are some resources.

Symposiums, etc." for each fiscal year).
https://www.bunka.go.jp/seisaku/chosakuken/
seidokaisetsu/

For Teachers• Tatsuhiro Ueno, Copyright Guide for Educators andResearchers, Yuhikaku, 2021.
• Hisayoshi Miyatake, Dai Otsuka, CopyrightMedia and Creator Relations• Hajime Ogushi, Takashi Kitamura, Masatoshi
Someya, Kodai Kimura, Kaito Koga, Hiroki Saiki,

Handbook: Teachers, Don’t Copy Without

and Ayaka Tsunoda, The Bible for Solving Copyright

Permission, Tokyo Shoseki, 2021.

Problems! A book on rights for Creators Revised• Agency for Cultural Affairs, How to Use 5 Minutesof Copyright Education, a collection of case studies
of scene-based instruction in schools.

edition, Bone Digital, 2023.
• Taku Inoue, Latest Copyright Introduction by SNS,
Seibundo-Shinkosha, 2022.

https://pf.bunka.go.jp/chosaku/1tyosaku/kyouiku/
sidoujireishu/index.html• Agency for Cultural Affairs Educational Activities
and Copyright in Schools.
https://www.bunka.go.jp/seisaku/chosakuken/
seidokaisetsu/pdf/92916001_01.pdf(Japanese) Copyright Act• Nobuhiro Nakayama, Copyright Law, 4rd ed.,
Yuhikaku, 2023.
• Hisamichi Okamura, Copyright Law, 5th ed.,Minjiho Kenkyukai, 2021.

• STEAM Contents, Considering Copyright in the• Ryo Shimanami, Tatsuhiro Ueno, and Hisayoshi

Digital Age - What Institution Supports a Rich

Yokoyama, Copyright Law in Japan, 3rd ed.,

Culture?

Yuhikaku, 2021.

https://www.steam-library.go.jp/content/4
DL page for supplementary materials
https://www.glocom.ac.jp/steam/2020.html• Moriyuki Kato, Commentary on the Copyright Act,
7th revised ed., CRIC, 2021.
• Kaoru Okamoto, The Concept of Copyright,
Iwanami Shinsho, 2003.

For Students• Kaoru Okamoto, Learning about Copyright for the
first time for Elementary and Junior High School

Copyright FAQ• SARTRAS, FAQ on Compensation System (inStudents, Revised Ed., Asahi Gakusei Shinbunsha,

Japanese)

2019.

https://sartras.or.jp/faqs/• Kensaku Fukui, Introduction to Copyright for
18-Year-Olds, Chikuma Primer Shinsho, 2015.
• Satoshi Ikemura, First Time Copyright Law, Nikkei
Bunko, 2018.

• Agency for Cultural Affairs, Copyrighthttps://www.bunka.go.jp/english/policy/copyright/• Agency for Cultural Affairs, Copyright Q&A (inJapanese)• STEAM Library, Considering Copyright in the

http://saiteiseido.bunka.go.jp/chosakuken_qa/

Digital Age - What Institution Supports a Rich

• Agency for Cultural Affairs, How to use 5 minutes in

Culture?

Copyright Education (in Japanese, for K12 teachers)

https://www.steam-library.go.jp/content/4

https://pf.bunka.go.jp/chosaku/1tyosaku/kyouiku/
sidoujireishu/

Agency for Cultural Affairs Workshop Materials• Copyright Text.
https://www.bunka.go.jp/seisaku/chosakuken/
seidokaisetsu/93726501.html

74• CRIC, Copyright in Japan Q&A
https://www.cric.or.jp/english/qa/index.html

This ProjectIn addition, please inform students that they
are the authors of their writings, drawings, andThis material was designed primarily for teachers

photographs and that copyrights apply to them.

at educational institutions to explain what they needto know when dealing with third-party copyrighted
works in the classroom.
On the other hand, it is necessary to tell students
and pupils that "this is a class, so you can reproduceit", or "you must comply with the requirements forcitation". Please explain the difference between classand private life, such as, "since this is a class, you• Academic eXchange for Information Environment
and Strategy (AXIES) will make video materials
available free of charge as copyright educationmaterials for students.
• A PDF file of this material will also be available freeof charge.
• Please use this material under the CC license.

may reproduce an animated character and create awork of art, but if you upload a picture of that workhttps://axies.jp/report/copyright_education/

onto a social networking service, you will be violatinga copyright".

75

IndexAdaptation Right..................................................................................................... 20
Amended Article 35................................................................................................ 43
Attribution Right.. .............................................................................................. 18, 62
Author....................................................................................................................... 13
Berne Convention. . ................................................................................................. 65
Citation........................................................................................................ 32,36, 62
Co-author(s)............................................................................................................. 15
Compensation System for Public Transmission
for Classroom Purposes. . ................................................................................. 43, 46
Copyright free..........................................................................................................27
Copyright owner. . ........................................................................................ 13, 26 , 30
Corporate works...................................................................................................... 13
Creative Commons License................................................................................... 28
Crime requiring a complaint.. ................................................................................. 33
Derivative work..................................................................................... 09, 17, 20, 27
Distribution Right. . .................................................................................................. 20
Economic rights................................................................................................ 13, 20
Examples of works that are not copyrighted works
Under the Copyright Act.. ....................................................................................... 08
Examples of copyrighted works that can be used without permission.............. 09
Exhibition Right.................................................................................................. 17, 20
Forum of Those Related about Educational Use of Works...................................47
Guidelines for Article 35 under the amended Copyright Act . . ................. 05, 42,48
Honor and reputation right..................................................................................... 19
Integrity Right . . ....................................................................................................18 ,47
Joint authors.. ........................................................................................................... 12
License.................................................................................................................... 28
Limitations on rights when dealing with copyrighted
works in the classroom.. ......................................................................................... 42
Limitation of rights.. ................................................................................... 30, 56 , 64
Moral rights.................................................................................................. 13, 17, 68
Musical Performance Right.................................................................................... 20
Neighboring rights............................................................................................. 23 59
Non-formality system.............................................................................................. 16
On-demand classes................................................................................................ 44
On-Screen Presentation Right. . ............................................................................. 20
Orphan Works..........................................................................................................7376

Overriding................................................................................................................ 63
Penal Provisions.. .................................................................................................... 33
Performance Right. . ................................................................................................ 20
Performances, etc. not for profit........................................................................... 32
Permission for public transmission....................................................................... 44
Protection Term...................................................................................................... 25
Publication in textbooks, etc... ..........................................................................19, 32
Publication Right . . ............................................................................................. 17, 62
Public Communication Right................................................................................. 20
Public Domain................................................................................................... 27, 35
Public transmission Right.. ..................................................................20, 22 , 30, 34
Recitation Right................................................................................................ 20, 34
Remote joint classes......................................................................................... 43,45
Rent Out Right........................................................................................................ 20
Reproduction, etc. as examination questions... .................................................... 32
Reproduction for private use................................................................................. 30
Reproduction in libraries, etc.. . ............................................................................... 31
Reproduction Right. . .................................................................................. 20, 22 , 34
Right of Making Transmittable.................................................................. 20, 22, 49
Rights of the Original Author in Connection with the Exploitation of
Derivative Works..................................................................................................... 20
SARTRAS. . ............................................................................................................... 46
SARTRAS License. . ................................................................................................. 69
Simulation System for the Amount of Compensation..........................................73
Studio classes. . ....................................................................................................... 45
Terms of Use........................................................................................................... 28
Transfer Right.......................................................................................................... 20
Translation Right .................................................................................................... 20.
TRIPS Agreement................................................................................................... 65
Types of works.................................................................................................. 09, 56
Universal Copyright Convention............................................................................ 65
Use of Incidental Works.......................................................................................... 31
Wartime extensions......................................................................................... 2577

A must-read for teachers Understanding Copyright in Classes

Team for Understanding Copyright in Classes
Writing Yuki Amano
A member of the Copyright Task Force, Working Group for
Academic and Educational Content Sharing and Distribution,
AXIES. She is a lecturer at Teikyo University, Learning Technology
Development Office. Currently writing a series of articles ongraphs that even a cat can understand. Lives with four cats.

Supervision & Translation Kodai Kimura
An Attorney at law admitted in Japan, New York & Washington
DC and a partner at Kobayashi & Yugeta Law Office, Tokyo. He
also focuses on explaining copyright in a way that is easy tounderstand for the general public, including serializing Art Law inthe web edition of Bijutsutecho, co-authoring A Book on Rights
for Creators, (Bone Digital, 2018), and supervising legal work. He
loves boxing (only to watch).

Planning Takahiro Sumiya
A member of the Copyright Task Force, Working Group for
Academic and Educational Content Sharing and Distribution,
AXIES, as well as a member of the Forum of Those Related about
Educational Use of Works (FY2021 and FY2022). A professor at
Hiroshima University, Information Media Center. He loves Star
Wars and ramen.

Illustration Ayaka Sumida
Designer & Illustrator, KITERETZ inc. She works on a variety
of designs, mainly web design, but also printed matter andadvertisements. She loves cats, otters, and K-POP.

Design & DTP Masaki Sato
Graphic designer focusing on Alpha Design and book production.
Author of Hajimete no Illustrator CC, (Shuwa System). Design and
DTP A Book on Rights for Creators, HTML Kaitai Shinsho, (BoneDigital), Neo Dada no Gyakusetsu, (Misuzu Shobo), etc. He loves
motorcycles, cats, and sake.

Editing Kyo Koseki
Writer and book editor for IT, Web, and design. As a writer, heis active mainly in corporate-owned media. Major book editingcredits include A Book on Rights for Creators, (Bone Digital, 2018),
and Oni Feedback: The Chikara of Design Grows by 'Dame-dashi',(MdN). He loves sake but is trying to cut back to stay in good
shape.

78

This material is published under the Creative Commons License Attribution 4.0
International (CC BY 4.0), but the caricature illustrations on this page.Please refrain fromreusing the strike as material. If you wish to use it, please contact the copyright holder.

This material is licensed under the Creative Commons Attribution 4.0 International
License (CC BY 4.0).

When using this material, please reference as Understanding Copyright in Classes
Web/AXIES/CC BY 4.0.

This material has been produced with a grant from the Common Purpose
Fund of the Society for the Administration of Remuneration for Public
Transmission for School Lessons (SARTRAS).
We are striving to improve the content of this material. Please send us yourcomments at the URL below. We appreciate your cooperation. https://forms.
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Title : A must-read for teachers Understanding Copyright in Classes
Produced and published by AXIES
Date of issue : 2023.12.28
Contact : sugowaka35@axies.jp