Provider Liability Limitation Act
Guidelines Relating to CopyrightMay 2002(Partial revision of November 2003)

Provider Liability Limitation Act Guidelines Review Council
Copyright-related Work Group----Provider Liability Limitation Act Guidelines Relating to CopyrightContents
I

Introduction − Purpose of the Guidelines

1

Objectives of the Guidelines 1

2

Status of the Guidelines

3

RevisionII

Scope of Application of the Guidelines

1

Actors of Notices 3

2

Scope of Covered Copyright, etc., Infringement 3

3

Scope of Covered Works, etc.

4

Modes of Covered Infringements of Rights

III

Procedure, etc., of Notices

1

Procedures by the Copyright Holder, etc., at the Time of Notice (Written Forms, etc.)

1

1

2
3

4
4

5

5
2

Procedures by the Provider, etc., at the Time of Receiving a Notice (Verification Items,

Etc.)

6
1

IV

Notice Verification Items and Methods thereof

71

Identity, etc., of Notice Actors(1)

Cases of Notice in Writing(2)

Cases of Notice by Electronic Mail, etc.

2

Verification of Being the Copyright Holder, etc. 8

3Specification of Infringing Information

4

Verification of Being Copyright, etc. Infringement(1)

Verification of Existence of Copyright, etc. Infringement Covered by the Guidelines

7

7
7
9
9

9
(2)

Verification of Being within the Term of Protection of Copyright, etc.

10

(3)

Verification of Rights Not Having Been Granted 10

V

Notice through a Reliability Verification Organization

1

Criteria, Scope, etc., of Reliability Verification Organizations(1)

Reliability Verification Organizations 11(2)

Explanations, etc. of Reliability Verification Organizations 12(3)

Copyright, etc., Management Service Providers- 12(4)

Certification of Reliability Verification Organizations

(5)

Other

2

Verification by Reliability Verification Organizations(1)

Verification of the Identity of the Notice Submitter (Items of IV 1)(2)

Verification That the Notice Submitter is the Copyright Holder, etc. (Items of IV 2)

11
11

12

12
13
13

13
(3)

Verification of Being Infringement of Copyright, etc. (Items of IV 4) 14

3

Response in Cases where Error, etc., has Occurred in the Verification Procedures of the

Reliability Verification Organization

14

VI

Response by Providers, etc. 16

1Cases where the Notice and Verification Satisfy the Requirements of these Guidelines
16

2

Cases where the Notice and Verification Fail to Satisfy the Requirements of these

Guidelines

16

Concerning Notice for Measures to Prevent Transmission of a Work, etc. (Form A)

17

Concerning Notice for Measures to Prevent Transmission of a Work, etc. (Form B)

192

Concerning Notice for Measures to Prevent Transmission of a Work, etc. (Form C)

21

Concerning Verification of Notice for Measures to Prevent Transmission of a Work, etc. (Form D)
23

p.1-2
I

Introduction − Purpose of the Guidelines

1.

Objectives of the Guidelines

In cases of infringement of others' rights by information distribution through the Internet, theinterests of the three parties i.e. information sender, right holder, and specified telecommunications
service provider (administrator or operator of a server or administrator or operator of an electronicbulletin board, etc.; hereinafter referred to as "provider, etc.") are intertwined, and on occasion,cases exists where response by the provider, etc. with respect to the information distribution isdifficult. Amid this, the Act on the Limitation of Liability for Damages of Specified
Telecommunications Service Providers and the Right to Demand Disclosure of Identification
Information of the Senders (Act No. 137 of 2001; hereinafter referred to as "Provider Liability
Limitation Act" or simply "Act") was enacted in November 2001, containing provisions relating tolimitation of the civil liability of providers, etc., and to sender, etc., information disclosure demandsof persons alleging infringement of rights by distribution of information.
In relation to the distribution of information that infringes copyright and neighboring rights(hereinafter referred to as "copyright, etc.") by a specified telecommunications service (referring to
the "specified telecommunications service" of article 2 item (i) of the Act; the same shall apply
hereinafter), these guidelines clarify the standard of behavior of the copyright holder, etc., and theprovider, etc., based on the purpose of article 3 of the Provider Liability Limitation Act, which
provides for cases where the provider, etc., does not incur liability, while giving consideration to
the standpoints, etc., in which the information sender, the copyright holder, etc., and the provider,etc., are respectively placed. Through this, its objective is to increase the foreseeability of parties
concerned and to promote prompt and appropriate response by the provider, etc., with respect todistribution of information by a specified telecommunications service that infringes copyright, etc.,
and thereby promote smooth and sound use of the Internet.
3

In cases where distribution of information that infringes copyright, etc., has been committed, it ischaracteristic that there are cases in which prompt response is demanded, such as when expansionof damage becomes enormous, cases in which a somewhat stereotyped determination is possible,
and so on. In view of such characteristics, these guidelines are structured with the objective ofclarifying cases within the possible scope at the present stage in which taking transmission
prevention measures such as prompt deletion is possible even when not the case that the provider,etc., contacted the sender and no objection was received within seven days (article 3 paragraph (2)item (ii) of the Act), and along with this, in responding to a particular case, to make possible
prompt and appropriate response when formal determination is made as to whether the guideline
have been followed, instead of the provider, etc., making a determination according to particular
circumstances.
2.

Status of the Guidelines

Whether rights were actually infringed by the distribution of information, and as a result, whether
the provider, etc., incurs liability by mistakenly deleting information or allowing it to stand, will
ultimately be decided in the court. Consequently, in individual cases, even when response
conforming to drafted guidelines has been conducted, no determination based solely thereon ismade even by the court that a "reasonable ground" in article 3 of the Act exists, but in cases where
the content of guidelines and the procedure of their drafting have grounds securing their reliability,
and the copyright holder, etc., and provider, etc., respond appropriately in keeping with thehigh-reliability guidelines, it is expected that the "reasonable ground" of article 3 will then be
determined even by a court to exist, and the provider, etc., will be deemed to incur no liability.
From such a standpoint, these guidelines do not just simply describe notification procedures andmatters ancillary thereto , but are intended to describe the way of thinking behind them as well.
Further, similarly to the way of thinking of the Provider Liability Limitation Act, these guidelines
clarify, within the possible scope, the responses which providers, etc., are thought to be able to
make without incurring liability, and do not set forth the obligations of providers, etc. However, incases where a provider, etc., has conducted handling in accordance with at least these guidelines, it
is expected that the provider, etc., will be determined to incur no liability in court decision
proceedings as well, and so on the occasion of voluntary response by the provider, etc., the4handling in these guidelines is thought to be an important guideline, and it is expected thatproviders, etc., will ordinarily make responses in line with these guidelines.
These guidelines also exert no influence with respect to any cases other than those specified bythese guidelines, and even in cases that are not specified in these guidelines or that do not satisfy
the requirements set forth these guidelines, cases may exist that are applicable to the "reasonableground" in article 3 of the Provider Liability Limitation Act.
Additionally, these guidelines have been drafted by persons who are participating in this council,
but after all, the Internet is open, and because civil liability relating to information distribution on
the Internet does not become an issue solely between participants in this council, it is expected thatthese guidelines will also be utilized by persons other than the participants of this council.
3

Revision

For these guidelines, appropriate revision according to advances in information andcommunications technology, the status of practices, and the like is thought to be necessary.
Accordingly, even after the establishment of these guidelines, examination by this council is to becontinued, and improvement and expansion of the guidelines will be conducted.

p.3
II

Scope of Application of the Guidelines

1

Actors of Notices

The actor that can exercise a right is the right holder, and if a notice from the right holder exists,
appropriately determining whether infringement of copyright, etc., exists becomes possible, and soin these guidelines as well, the actor of the notice is the right holder. Specifically, these are as
follows.
(1)

The person issuing a notice of transmission prevention measures shall be the principal

alleging infringement of copyright, etc., or an attorney or other agent.
(2)

In cases where copyright, etc., is transferred between copyright holders, etc., and a trust

contract is entered into with the objective of compelling management of permission for use of thework and other relevant copyrights, etc. (trust-managed type), the copyright, etc., management
5

service provider (referring to the "copyright, etc., management service provider" in article 2 item(iii) of the Act on Copyright, Etc., Management Service [Act No. 131 of 2000]) shall be able toissue notices within the scope recognized in the contract, etc.
(3)With respect to works of joint authorship, etc., even one of the joint copyright holders, etc.

shall be able to issue notices.
-

The provisions of article 3 paragraph (2) item (i) of the Act differ from item (ii) in also

supposing cases arising from notice, etc., by a third party, without being limited to cases of noticefrom a person claiming infringement of a right in a case where "there was a reasonable ground," butin such cases, because cases where it would be difficult to confirm even circumstances known only
to the right holder (existence of right permissions, etc.) are thought to be numerous, at present,
these guidelines do not cover cases of notice from a third party.
-

With respect to disposition relating to a person receiving an exclusive license from the

copyright holder, etc., through a contract, particular circumstances determination within theparticular instance is appropriate, but in such cases, material proving the receipt of the exclusive
license becomes necessary.
2

Scope of Covered Copyright, Etc., Infringement

These guidelines cover cases where copyright, etc. is infringed through the distribution of
information by a specified telecommunications service.
For reference: Major examples of covered infringement of copyright, etc.
(1)

Acts which infringe rights of reproduction (recording) (articles 21, 91, 96, 98, and100-2 of the Copyright Act)(2)

Acts which infringe rights of public transmission (article 23 of the Copyright Act)

(3)

Acts which infringe rights to make transmittable (article 92(2) and article 96(2) of the

Copyright Act)

p.4-

Items (1) to (3) are only illustrative examples of infringement of copyright, etc., and theseguidelines can apply also to infringements other than these.
6

3

Scope of Covered Works, etc.

Covered works includes are performances, phonograms, broadcasts, wire-broadcasts (hereinafterreferred to as "works, etc.") the copyright of which is infringed or having a possibility of
infringement through distribution of information by a specified telecommunications service.
4

Modes of Covered Infringements of Rights

Since transmission prevention measures for information by providers, etc., are a direct restriction
on the expressive acts of the sender, it is desirable that those that can easily be determined to be
infringement of rights shall be covered, so that, where possible, inappropriate measures are nottaken, and the same is also required for the purpose of security for the reliability of guidelines.
Accordingly, the modes of infringement of copyright, etc., are categorized under (1) and (2) below,
the modes in the respective categories are enumerated, and items falling under these categories arecovered by these guidelines. Additionally, modes of infringement of rights not enumerated at thistime also shall be added as required in cases where agreement is obtained through ongoingdeliberation of this council, taking into account the status, etc., of practices.
(1)

Modes which can easily be determined to be infringement of copyright, etc.

a)

Those which the sender of the information admits to be infringement of copyright, etc.;b)

Files which have copied verbatim all or part of a work, etc. (those other than a) in which

the work, etc., and the infringing information can easily be compared);c)Those in which b) has been compressed by a current standard compression scheme (onewhich is reversible);(2)

Modes which can be determined to be infringement of copyright, etc., by expending

effort, such as utilizing specific technology, individually viewing or listening, etc., and comparing
against the work, etc., or the likea)

Files which have copied verbatim all or part of a work, etc. (those other than (1) a) and b)

in which confirmation is possible by viewing or listening to and comparing the work, etc., and theinfringing information, or by comparing using specialized methods);b)

Those in which (1) b) or a) has been compressed, excluding those which fall under (1) c);c)

Those in which a) or b) has been divided.
7

p.5
III

Procedure, etc., of Notices

1

Procedures by the Copyright Holder, etc., at the Time of Notice (Written Forms, etc.)(1)

Notice procedures in accordance with these guidelines shall be conducted according to

the following processesa)

A person alleging that his or her own copyright, etc., was infringed by distribution of

information by a specified telecommunications service, when requesting that the provider, etc.,
concerned prevent distribution of information infringing the relevant copyright, etc., shall enter therequired items on a notice form (form A; that in the case of a copyright, etc., management service
provider and satisfying the requirements of V 1 (1) is form B) and submit the notice form and othernecessary documents to the provider, etc.
b)With respect to a work, etc., relating to the infringement of the relevant copyright, etc., ina case where there is a reliability verification organization as defined below in a specificrelationship with the notice sender the notice submitter can enter the required items on a noticeform (form C) and submit the notice form and other necessary documents through the reliability
verification organization. In such cases, the reliability verification organization shall conduct
appropriate verification in accordance with V 2 with respect to the entered particulars, etc., of thenotice form, draft a verification form (form D) to the effect that the verification was performed, andsubmit it together with the notice form to the provider, etc.
(2)

As a general rule, notice procedures shall be conducted in writing. However, since there

are cases where prompt transmission prevention measures is demanded, in such cases, notice bymeans of electronic mail, facsimile, or other electromagnetic means as required shall be permitted.
Cases where notice by means of electronic mail, facsimile, etc., is permitted are the followinga)

Cases where a certain ongoing relationship of mutual trust between the provider, etc., andthe notice submitter is recognized, such as in cases of ongoing exchange, and wherein further thenotice submitter, etc., after notice by means of electronic mail, facsimile, etc., promptly submits inwriting a notice form of identical content as the notice by means of electronic mail, facsimile, etc.
8b)

In cases where the provider, etc., and notice submitter, etc., have both priorly agreed,cases of taking the measure of an official electronic signature or an electronic signature certified byan accredited certification business operator of the Act on Electronic Signatures and Certification
Business (Act No. 102 of 2000; hereinafter referred to as the "Electronic Signatures Act") in theelectronic mail making notice, and wherein further an electronic certificate pertaining to theelectronic signature is attached to the electronic mail.
-Since in cases of notice by electronic mail, facsimile, or other such electromagnetic

means, it is necessary to leave a record of notice having been made and of its content, notice bytelephone is not recognized.

p.6
2

Procedures by the Provider, etc. at the Time of Receiving a Notice (Verification Items,

etc.)
(1)

The provider, etc., which has received the notice form (and verification form) in 1 above,

shall, with respect to the notice form, etc., verify that for each item described in chapter IV of theseguidelines, the required items are entered, the required documents are attached, and the enteredcontents are appropriate.
(2)

The provider, etc., shall, after verifying the contents of the notice, carry out response as inchapter VI of these guidelines.

p.7-8
IV

Notice Verification Items and Methods thereof

1

Identity, etc., of Notice Actors

In cases of submission in accordance with these guidelines, the provider, etc., is to take smooth andprompt transmission prevention measures against the information. On the other hand, this may evencreate detriment for the sender, and in some cases, it is conceivable that a lawsuit could be9

instituted. Consequently, verifying who has made the notice and that the notice was made by said
person is necessary, and requesting submission of documents, etc., from the notice submitter forverification is necessary.
(1)Cases of Notice in Writing

Verification of the identity of the notice submitter is by any of the following methodsa)

In cases where the notice submitter makes notice directly to the provider, etc., the noticesubmitter shall affix name and seal (in cases where the notice submitter is a juridical person, affix
the name of the juridical person's representative [including a person who has been assigned
authority from a representative] and affix a seal employing an official seal or a seal which therepresentative uses in routine duties [hereinafter referred to as "official seal, etc."]) to the notice
form, together with attaching material that allows certification of identity, such as a copy of adriver's license, passport, or other such official certificate. The provider, etc., shall verify identity
by means of the attached materials, etc. Additionally, in cases where there is a certain continuing
relationship of mutual trust between the provider, etc., and the notice submitter is recognized, suchas in cases of ongoing exchange, attachment of material allowing certification of identity can beomitted.
In cases where the notice submitter is a juridical person, and wherein further the existence of thejuridical person is thought to be easily recognized under ordinary circumstances, such as a case ofbeing a company that publicly offers stock or is listed, the provider, etc., may be deemed to haveappropriately verified identity even when no material allowing certification of identity is attached.
b)

In cases where a copyright, etc., management service provider (a copyright, etc.,

management service provider of trust-managed type, restricted to those satisfying the requirementsof V 1 (7); hereinafter the same shall apply in this chapter [IV]) makes notice, the copyright, etc.,
management service provider shall enter its management service registration number on the notice
form, together with affixing the name of the representative and affixing a seal utilizing an official
seal, etc., and the provider, etc., shall verify identity thereby.
c)

For notices from persons staying, a signature can substitute for name and seal.

(2)

Cases of Notice by Electronic Mail, etc.

In cases of notice by electronic mail, etc., identity is verified by the following methodsa)

In the case of III 1 (2) a), identity shall be determined to have been appropriately verified

by means of the notice submitter or copyright, etc., management service provider making indication10

in electronic mail, etc., of being the principal.
b)

In cases where the provider, etc., and notice submitter, etc., have both priorly agreed, incases of taking the measure of an official electronic signature or an electronic signature certified byan accredited certification business operator of the Electronic Signatures Act in the electronic mailmaking notice, when an electronic certificate pertaining to the electronic signature is attached to theelectronic mail, the provider, etc., shall verify identity by the electronic signature and electronic
certificate.
2

Verification of Being the Copyright Holder, etc.

Next, it is necessary to verify that the person that has made notice is the copyright holder, etc. (thatthe relevant person holds the copyright, etc.). In Japan, registration, etc., of copyright, etc., is notdeemed obligatory, and so strictly certifying this can even be considered difficult, but it is necessarythat evidence be presented such that in the judgment of a reasonable person, the notice submittercan be determined to hold the copyright, etc.
Accordingly, in the notice, evidence such as the following shall be presented, and in the case of a),
the provider, etc., shall verify thereby that the notice submitter is the copyright holder, etc., and in
the case of b), it shall be deemed that the notice submitter has been appropriately determined
thereby to be the copyright holder, etc. Additionally, for a) below, other appropriate items that
subsequently appear shall be added as required.
a)Cases where the notice submitter makes notice directly to the provider, etc.

1)

In cases where registration based on copyright law (including that which is overseas)

relating to the work, etc., has been made, documentation proving that the registration has been
made.
2)

In cases where the name, etc., of the copyright holder, etc., has been indicated in the

publication, sale, etc., of the work, etc., a copy thereof (Refer to article 14 of the Copyright Act,
article 15 of the Berne Convention for the Protection of Literary and Artistic Works, and article 3
paragraph (2) of the Universal Copyright Convention.).
3)

In cases where materials exist which are products, catalogs, etc., generally made available

prior to the notice that show the notice submitter to be the copyright holder, a copy of the materials.
4)

In cases where an appropriately administered database is available which allows inquiry

into the relationship between the work, etc., and the copyright holder, etc., documentation proving
11

that the matter is recorded in the database.
5)

Documentation proving that the notice submitter is the original author with respect to a

derivative work, such as the portions of contracts, confirmation notes, and other such documents
concluded between the author of the original work and the author of the derivative work relating toadaptation and the relationship of rights that are necessary for verification of the relationship ofrights.
b)

Cases where a copyright, etc., management service provider makes notice

The copyright, etc., management service conducts verification in accordance with V 2 (2) of theseguidelines that the work, etc., is one managed by the organization, and states this on the notice
form.

p.9
3

Specification of Infringing Information

The distributed amount of information on the Internet is enormous, and even when notice has been
made that distribution of information alleged to have infringed rights has occurred, often thedescription is imprecise and the provider, etc., cannot know what information is actually taken to beat issue. (Because of such circumstances, it is specified in article 3 paragraph (1) item (ii) of the Act
that when the provider, etc., had no knowledge of distribution of information alleged to haveinfringed rights, liability with respect to the right holder is limited.) This is why, from thestandpoint of encouraging appropriate and prompt response by the provider, etc., in cases of anotice from a person alleging that rights have been infringed, it is necessary that the information
alleged to have infringed rights be specified.
Accordingly, the notice submitter shall specify the infringing information by the following methods
when making notice(1)With respect to information in questions, the notice submitter shall record in the noticeform its URL (Universal Resource Locator) and information reasonably sufficient for specifying
the information in question as seen by the provider, etc. (file name, data size, characteristics, etc.).
(2)

The notice submitter shall, in cases where possible, make illustrations, etc., in a hard

copy of the information in question.
(3)

In cases where a provider, etc., that has received a notice cannot accomplish specification
12

using only the stated information, when additional information for correcting the notice form has
been requested, the information requested by the provider, etc., shall be presented.
(4)

In cases where the notice submitter fails to perform correction promptly, the provider, etc.,

shall communicate to the notice submitter that taking transmission prevention measures is difficult
because of the inadequacy of the documents.
4

Verification of Being Copyright, etc. Infringement

Even when a notice identifying infringing information has been made from a person holding
copyright, etc., for the provider, etc., to take transmission prevention measures on the basis that
infringement of rights has occurred, it is necessary to be able to determine that copyright, etc.,
definitely was infringed by the distribution of information.
For this reason, it is necessary that the following content be indicated in the notice, and the provider,etc., shall verify whether it is recorded on the notice form.
(1)

Verification of Existence of Copyright, etc. Infringement Covered by the Guidelines

1)

Verification of the right alleged to have been infringed

The notice submitter shall record on the notice form the right alleged to have been infringed.
2)

Verification of the work, etc., alleged to have been infringed

The notice submitter shall record on the notice form the necessary information for identifying thework, etc., alleged to have been infringed by the infringing information.

p.10
3)

Verification of being a mode of covered infringements of rightsa)

In cases where the notice submitter makes notice directly to the provider, etc., the noticesubmitter shall record on the notice form the reason for alleging that copyright, etc., was infringed,
the mode of said infringements of rights, and a method for verifying that infringement of rights
occurred. On a basis of this information, etc., the provider, etc., shall verify that the mode of said
infringement of rights is a "mode which can easily be determined to be infringement of copyright,
etc." covered in these guidelines (II 4 (1)), and also that the infringement of rights occurred.
b)

In cases where a copyright, etc., management service performs notice, the copyright, etc.,

management service verify the matter to be a covered infringement of rights in accordance with V 2
13(3) of these guidelines and record this and the verification method on the notice form. Based on theforegoing being recorded on the notice form, the provider, etc., shall determine whether verification
was made appropriately.
(2)

Verification of Being within the Term of Protection of Copyright, Etc.

In cases where circumstances exist that suggest that the term of protection of copyright, etc., has
expired, the provider, etc., can request the notice submitter to provide substantiating evidence ofbeing within the term of protection.

(3)

Verification of Rights Not Having Been Granted

The notice submitter shall record on the notice form a statement that rights have not been granted tothe sender of the information. The provider, etc., shall verify what is recorded in the statement.

p.11
V

Notice through a Reliability Verification Organization

1

Criteria, Scope, etc., of Reliability Verification Organizations

In notices according to these guidelines, in cases where another credible third party verifies
particular evidence by specified credible procedures, without the notice submitter being compelled
to present it, verification of the identity, etc., of the notice submitter can be considered, whenviewed from a social standpoint as well, to have been accomplished.
Specifically, in cases where an organization in a specific relationship to the notice submitter which
satisfies the criteria provided for in 1 (1) of this chapter (hereinafter referred to as a "reliability
verification organization"), acting on behalf of the provider, etc., verifies the matters in IV 1, 2, and
4 (identity verification, verification of being the copyright holder, etc., and verification of being
copyright, etc., infringement) in accordance with the procedures in 2 of this chapter and attaches
documentation, etc., to the notice form that this verification was done, it is considered that theprovider, etc., can be determined to have been appropriately verified by verifying the
documentation, etc.
14

(1)

Reliability Verification Organizations

It is necessary that reliability verification organizations be capable of appropriately verifying thematters in IV 1, 2, and 4 (identity verification, verification of being the copyright holder, etc., andverification of being copyright, etc., infringement) on behalf of the provider, etc. Accordingly, it isnecessary that reliability verification organizations satisfy the following requirementsa)

Be a juridical person (including organizations not having juridical personality in whichhaving a representative is provided);b)

Be capable of appropriately verifying the contents of the rights held by the noticesubmitter;c)

Have an adequate record extending over a reasonable period and expert knowledge

relating to copyright, etc.
Additionally, in cases where conducting verification for derivative work relating to the work of thenotice submitter in a specified relationship with the organization, must also satisfy this with respect
to the derivative work as welld)

Be capable of appropriately conducting the verification, etc., provided for in 2 (1) to (3)in this chapter
Additionally, for notices relating to notice-covered works, etc., stated in 1) to 5), organizations
respectively falling under 1) to 5) are among the organizations specifically postulated as thosesatisfying the requirements of a) to c) above, but such organizations are not limited to these, and incases where they satisfy the requirements of a) to c) above, they are to be construed as falling under
this. Further, in order to be a reliability verification organization, even an organization that falls
under 1) to 5) must satisfy the requirements of a) to d).
1)

Copyright, etc., management service provider

Notice-covered works, etc.: management-commissioned works, etc.
2)

Organization designated by the Agency for Cultural Affairs pursuant to the Copyright Act

Notice-covered works, etc.: commercial phonograms or performances sound recorded thereon forwhich exercise of rights has been entrusted

p.12-15
3)

Organization making protection of copyright, etc., rights its principal objective

Notice-covered works, etc.: works, etc. whose copyright, etc. is held by members, which are15

covered by protection of copyright, etc., in the objective of the organization
4)

Organization outside the country that falls under the organizations listed in 1) to 3)

Notice-covered works, etc.: (the same as organizations falling under the foregoing)
5)

International organization with which organizations listed in 1) to 3) are affiliatedNotice-covered works, etc.: (the same as organizations falling under the foregoing)(2)

Explanations, etc. of Reliability Verification Organizations

When sending a verification form for the first time, a reliability verification organization shallnotify individual providers, etc., regarding its own organization, procedures of verification, etc.,with respect to verification items permitted of the organization by these guidelines, summaries ofmanaged work, etc., and management methods therefor, and in cases where any change thereof has
occurred, shall notify individual providers, etc., regarding the change as well.
Providers, etc., can request of the reliability verification organization an explanation of proceduresof verification, etc., with respect to verification items permitted of the organization by theseguidelines, summaries of managed work, etc., and management methods therefor.
(3)
For

Copyright, etc., Management Service Providers
copyright,

etc.,

management

services,

notice-covered

works,etc.,aremanagement-commissioned works, etc., but in cases where a trust contract transferring copyright,
etc., and mandating management of permission of utilization of works, etc., and other such
copyrights, etc., has been entered into (trust-managed type) between copyright holders, etc., notice
shall be made thereby within the permitted scope of the contract, etc.
Herein, in cases where a copyright, etc., management service (trust-managed type) satisfying thecriteria of (1) above conducts notice, it is considered that verification of the items in IV of theseguidelines can be conducted on behalf of the provider in the same way as for a reliability
verification organization. In such cases, because verification of the identity of the notice submitteris conducted by the provider, etc., by means of the methods stated in IV 1 of these guidelines, andso of the verification methods in 2 (1) to (3) of this chapter, (2) and (3) are covered.
(4)

Certification of Reliability Verification Organizations

In the actual utilization of these guidelines, it is conceivable that a structure be formulated to
conduct examination with respect to reliability verification organizations, and persons certified tofall under the requirements of (1) a) to d) uniformly be treated as reliability verification
16

organizations of these guidelines. At this time, to contribute to simple and prompt handling forproviders, etc., a reliability verification organization list shall be attached to these guidelines.
(5)

Other

Even in cases of notice from copyright holders, etc., in cases where verification of being copyright
infringement, etc., of the copyright holder, etc., can be believed sufficient for trusting, judging from
response systems of the copyright holders, etc., expert knowledge and record relating to andcopyright, etc., response, etc., at the time of previous notices at individual providers, etc., handlingcan be similar to cases where verification by an reliability verification organization exists.
2

Verification by Reliability Verification Organizations

For the items provided for in 1, 2, and 4 of IV (identity verification, verification of being the
copyright holder, etc., and verification of being copyright, etc., infringement), the reliability
verification organization shall respectively make verification by means of the methods of (1) to (3)hereinafter, and record on the verification form (form D) that the verification was conducted. On
the documentation, the name of the representative of the reliability verification organization shallbe mentioned and a seal shall be affixed using an official seal, etc. Through this, the provider, etc.,
shall determine that verification was conducted appropriately for each item.
(1)

Verification of the Identity of the Notice Submitter (Items of IV 1)

Verification shall be done by the following methods1)

Method of identity verification

Whether the notice submitter is the person who entrusted his or her own exercise of rights orwhether he or she is his or her own member is verified by the name and seal on the notice form.
2)

Handling of electronic mailIn cases by electronic mail bearing an official electronic signature or an electronic signature
certified by an accredited certification business operator under the Electronic Signatures Act,
verification is through inspection of the electronic signature.
In cases of being a member and an ongoing relationship has existed from previously, in cases wherecertain verification by an ordinarily used electronic mail address or the like is possible, verificationis conducted by another appropriate method.
17

(2)

Verification that the Notice Submitter is the Copyright Holder, etc. (Items of IV 2)

Verification shall be done by the following methods1)

In cases where registration based on copyright law (including that which is overseas)

relating to the work., etc., has been made, verification by documentation proving that registration
has been made.
2)

In cases where the name, etc., of the copyright holder, etc., has been indicated in the

publication, sale, etc., of the work, etc., verification by a copy thereof. (Refer to article 14 of the
Copyright Act, article 15 of the Berne Convention for the Protection of Literary and Artistic Works,
and article 3 paragraph (2) of the Universal Copyright Convention.)3)

In cases where materials exist which are products, advertisements, catalogs, etc.,

generally made available prior to the notice that show the notice submitter to be the copyrightholder, verification by the material or a copy thereof.
4)

In cases where an appropriately administered database is available which allows inquiry

into the relationship between the work, etc., and the copyright holder, etc., verification by
documentation proving that the matter is recorded in the database.
5)

Verification by having the notice submitter submit papers relating to he or she being the

copyright holder, etc., and the reasons, etc., thereof, and conducting interviews, etc., based thereon
6)

In cases where documentation exists proving that the notice submitter is the original

author with respect to a derivative work, such as the portions of contracts, confirmation notes, andother such documents concluded into between the author of the original work and the author of thederivative work relating to adaptation and the relationship of rights that are necessary forverification of the relationship of rights, verification by the documentation.
7)

Verification by another equivalent method(3)

Verification of Being Infringement of Copyright, etc. (Items of IV 4)a)Verification of being within the term of protection of copyright, etc.

In cases where circumstances exist that suggest that the term of protection of copyright, etc., has
expired, the provider, etc., the notice submitter shall be requested to provide substantiating
evidence of being within the term of protection, and the reliability verification organization shallconduct verification thereby of being within the term of protection of copyright, etc.
b)

Verification that right infringement exists

Verification shall be done by the following methods1)

When the mode of right infringement is among the "modes which can easily be18

determined to be infringement of copyright, etc." covered by these guidelines, the notice submitter
enters on the notice form the reason for alleging that copyright, etc., has been infringed, the modeof the right infringement, and a method capable of verifying that right infringement occurred, andon the basis of this information, etc., the reliability verification organization verifies that right
infringement exists, that the mode of right infringement is covered by these guidelines, and thatcopyrightability and ownability of rights are not already in dispute.
2)

When the mode of right infringement is among the "modes which can be determined to

be infringement of copyright, etc., by expending effort, such as utilizing specific technology,
individually viewing or listening, etc., and comparing against the work, etc., or the like" covered bythese guidelines, the notice submitter enters on the notice form the reason for alleging thatcopyright, etc., has been infringed and the mode of the right infringement, and on the basis of thisinformation, etc., the reliability verification organization verifies that the mode of right
infringement is covered by these guidelines, and that copyrightability and ownability of rights are
not already in dispute, and also, by means of methods such as the following, verifies that right
infringement exists.
i)

The work, etc. and the information alleged to have infringed are viewed, heard, or

executed, and an employee of the organization (including persons equivalent thereto) performs
comparison, and verifies and records characteristics with respect to identity.
ii)

The work, etc. and the information alleged to have infringed are mechanically comparedusing dedicated software, etc., and characteristics are verified and recorded with respect to identity.
iii)

For nonreversibly compressed files, it is verified and recorded whether an identical file isgenerated by compressing the work, etc., by the same method.
3

Response in Cases where Error, etc., has Occurred in the Verification Procedures of the

Reliability Verification Organization
With respect to notices purported to have been made by conducting the verification procedures
specified in V of these guidelines, in cases where the reliability verification organization does notadhere to the verification procedures or an error has occurred in the verification procedures thatcauses trust therein to be lost, the reliability of the verification procedures by that reliability
verification organization is lost. Accordingly, in these cases, until it can be verified that thereliability verification organization has improved the verification procedures, notice forms fromthat reliability verification organization shall not be treated as adhering to procedures pursuant to19

these guidelines. Note, however, that regarding the treatment of that reliability verification
organization, this shall not apply in cases where as a result of examination in the setup for
performing examination in 1 (4) it has been verified that no risk of incorrect procedures being taken
again and that applying these guidelines to the reliability verification organization hereafter isappropriate.

p.16
VI

Response by Providers, etc.

1

Cases where the Notice and Verification Satisfy the Requirements of these Guidelines(1)

In cases where the notice satisfies the requirements of these guidelines, the provider, etc.,

shall promptly and within the limit necessary take measures of deletion, etc., in order to prevent
transmission of the infringing information.
(2)

Before taking or after taking transmission prevention measures, the provider, etc., cannotify the sender of the information and notice submitter that transmission prevention measures forthe infringing information will be taken or have been taken.
In cases where this notification is made, with respect to the notification to the notice submitter, incases where notice was conducted through a reliability verification organization, the provider, etc.,
shall notify the reliability verification organization, and the reliability verification organization thathas received the notification shall notify the notice submitter.
(3)

With respect to taking or having taken transmission prevention measures, in cases wherea complaint, inquiry, etc., from the sender has been made, the provider, etc., can request necessary
cooperation of the notice submitter or reliability verification organization.
2

Cases where the Notice and Verification Fail to Satisfy the Requirements of these

Guidelines(1)

In cases where a notice fails to satisfy the requirements of these guidelines, when20

correction of the notice form, verification form, etc., is believed possible, the provider, etc., canrequest the notice submitter to resubmit or additionally submit necessary documents, etc.
In this case, the notice submitter can resubmit the notice form or additionally submit necessary
documents, etc., in response to the request from the provider, etc.
(2)

In cases where the provider, etc., requests resubmission or additional submission ofnecessary documents, etc., and where notice was conducted through a reliability verification
organization, the provider, etc., shall contact the reliability verification organization, and thereliability verification organization that has received the contact shall contact the notice submitteror the like and resubmit the notice form or additionally submit necessary documents, etc.
(3)

In cases where the notice submitter or the reliability verification organization fails topromptly perform correction, it is desirable that the provider, etc., communicate to the noticesubmitter that taking transmission prevention measures is difficult because of inadequate
documents.
END

p.17
Heisei

year

month

day

To: [○○ K.K. (Customer Service Manager)]
Name: ○○ ○○ (name)seal

Concerning Notice for Measures to Prevent Transmission of a Work, etc.
Since distribution of the following information published at the URL [http://www.abc.ne.jp/(registered to △ △ △ △ )] administered by your company infringes the [right of public
transmission provided for in article 23 of the Copyright Act] held by [○○○○], as indicatedfollowing, based on the "Provider Liability Limitation Act Guidelines Relating to Copyright," I
request your company to take measures to prevent transmission of the work, etc., as follows.
21

1.

Address of the notice submitter[Postal code-

, ○○ Prefecture, ×× City,△△○-chome, ×-ban, △-go][○○ ○○]

2.

Name of the notice submitter

3.

Contact information of the notice submitter

Telephone number
E-mail address[○○-○○○○-○○○○][abcd@efg.jp]

4.

Information for specifying the infringing information

URL[http://www.abc.ne.jp/aaa/bbb/ccc.txt]

File name[ccc.txt]

Other characteristics
5.

[For example, the creation date, file size, etc., or other attributes]

Description of the work, etc.

[The work infringed by the infringing information is the work "□□□□," which I created. For
reference, I am attaching a copy of the work. (*)]
6.

Right claimed to have been infringed[Right of public transmission (including right tomake transmittable) of article 23 of the Copyright Act]
7.

Reason for claiming that copyright, etc. has been infringed[I hold the right of public transmission (including right to make transmittable) provided for inarticle 23 of the Copyright Act pertaining to the work "□□□□."
I have given no permission whatsoever to △△△△ with respect to publicly transmitting(including making transmittable) the work "□□□□."
I have not transferred or entrusted to any person the authority to grant permission for publiclytransmitting (including making transmittable) the work "□□□□."]
8.

Mode of copyright, etc. infringement

1

Case of mode of right infringement covered by the Guidelines

The infringing information "××××" falls under the mode indicated by "■" below.
■a)Those which the sender of the information admits to be infringement of

copyright, etc.
□b)

Files which have copied verbatim all or part of a work, etc. (those other than a)in which the work, etc., and the infringing information can easily be compared)
22

□

c)

Those in which b) has been compressed by a current standard compression

scheme (one which is reversible)
2

Case of mode of right infringement not covered by the Guidelines(State the mode of right infringement appropriately and in detail.)
9.

Method able to verify right infringement[It can be verified by the method of ○○ that right infringement has occurred.]Of the foregoing content, documentary evidence is attached for items ○, ○, and ○.
Further, the foregoing content is affirmed to be factually correct.
END
Text box: (Form A)

p.18
Heisei

year

month

day

To: [○○ K.K. (Customer Service Manager)]
Name: ○○ ○○ (name)seal

Concerning Notice for Measures to Prevent Transmission of a Work, Etc.
Since distribution of the following information published at the URL [http://www.abc.ne.jp/(registered to △ △ △ △ )] administered by your company infringes the [right of public
transmission provided for in article 23 of the Copyright Act] held by [○○○○], as indicatedfollowing, based on the "Provider Liability Limitation Act Guidelines Relating to Copyright," I
request your company to take measures to prevent transmission of the work, etc., as follows-

1.

Address of the notice submitter[Postal code△△○-chome, ×-ban, △-go][○○ ○○]

2.

Name of the notice submitter

3.

Contact information of the notice submitter23-, ○○ Prefecture, ×× City,

Telephone number
E-mail address[○○-○○○○-○○○○][abcd@efg.jp]

4.

Information for specifying the infringing information

URL[http://www.abc.ne.jp/aaa/bbb/ccc.txt]

File name[ccc.txt]

Other characteristics
5.

[For example, the creation date, file size, etc., or other attributes]

Description of the work, etc.

[The infringing information "××××" is the work "☆☆☆☆," which ▽▽▽▽ adapted from "□□□□," which is a work I created. For reference, I am attaching a copy of the work. (*)]
6.

Right claimed to have been infringed[Right of public transmission (including right to make transmittable) of article 23 of the CopyrightAct]
7.

Reason for claiming that copyright, etc. has been infringed[I hold the right of public transmission (including right to make transmittable) provided for inarticle 23 of the Copyright Act pertaining to the work "☆☆☆☆."
I have not transferred or consigned to any person the authority to grant permission for publiclytransmitting (including making transmittable) of the work "☆☆☆☆."
I have not transferred or entrusted to any person the authority to grant permission for publiclytransmitting (including making transmittable) the work "☆☆☆☆."]
8.

Mode of copyright, etc. infringement

1

Case of mode of right infringement covered by the Guidelines

The infringing information "××××" falls under the mode indicated by "■" below.
■a)Those which the sender of the information admits to be infringement of

copyright, etc.
□b)

Files which have copied verbatim all or part of a work, etc. (those other than a)in which the work, etc., and the infringing information can easily be compared)□c)

Those in which b) has been compressed by a current standard compression

scheme (one which is reversible)
2

Case of mode of right infringement not covered by the Guidelines(State the mode of right infringement appropriately and in detail.)
9.

Method able to verify right infringement[It can be verified by the method of ○○ that right infringement has occurred.]24

Of the foregoing content, documentary evidence (including documents showing the relationship ofrights of ▽▽▽▽ and me relating to the work "☆☆☆☆") is attached for items ○, ○, and○.
Further, the foregoing content is affirmed to be factually correct.
END
Text box: (Form A') Example of notice conducted by the original author in a case where aderivative work has been publicly transmitted by a specified telecommunications service withoutauthorization.

p.19
Heisei

year

month

day

To: [○○ K.K. (Customer Service Manager)]◇◇◇◇ Incorporated Association
Representative: ○○ ○○ (name)seal

Concerning Notice for Measures to Prevent Transmission of a Work, etc.
Because distribution of the following information published at the URL [http://www.abc.ne.jp/(registered to △ △ △ △ )] administered by your company infringes the [right of public
transmission provided for in article 23 of the Copyright Act held by ○○○○], as indicatedfollowing, based on the "Provider Liability Limitation Act Guidelines Relating to Copyright," we, a
copyright, etc., management service provider under V 1 (3) of the "Provider Liability Limitation
Act Guidelines Relating to Copyright," request
transmission of the work, etc., as follows-

25

your company to take measures to prevent

1.

Address of the notice submitter[Postal code-

, Tokyo, ○○-ku, ××△-chome, ○-ban, ×-go]2.

Name of the notice submitter[◇◇◇◇ Incorporated Association (project manager:

××, ○○ Department]
3.

Contact information of the notice submitter[○○-○○○○-○○○○ (project manager: extension ××]

Telephone number
E-mail address[abcd@efg.jp]

4.

Information for specifying the infringing information

URL[http://www.abc.ne.jp/aaa/bbb/ccc.txt]

File name[ccc.txt]

Other characteristics
5.

[For example, the creation date, file size, etc., or other attributes]

Description of the work, etc.

[The work infringed by the infringing information is the work "□□□□," which ○○○○
created, which is a work with whose management we have been entrusted by ○○○○.
6.

Right claimed to have been infringed[Right of public transmission (including right to make transmittable) of article 23 of the CopyrightAct]
7.

Reason for claiming that copyright, etc. has been infringed[○○○○ holds the right of public transmission (including right to make transmittable) provided
for in article 23 of the Copyright Act pertaining to the work "□□□□," with whose management
we have been entrusted.
We and ○○○○ have given no permission whatsoever to △△△△ with respect to publiclytransmitting (including making transmittable) the work "□□□□."We and ○○○○ have not transferred or entrusted to any person the authority to grant permission
for publicly transmitting (including making transmittable) the work "□□□□."]
8.

Mode of copyright, etc. infringement

1

Case of mode of right infringement covered by the Guidelines

The infringing information "××××" falls under the mode indicated by "■" below.
(1)

Those falling under the modes of II 4 (1) of the Guidelines■a)Those which the sender of the information admits to be infringement of

copyright, etc.
□b)

Files which have copied verbatim all or part of a work, etc. (those other than a)in which the work, etc., and the infringing information can easily be compared)
26

□

c)

Those in which b) has been compressed by a current standard compression

scheme (one which is reversible)(2)

Those falling under the modes of II 4 (2) of the Guidelines□a)

Files which have copied verbatim all or part of a work, etc. (those other than

(1) a) and b) in which confirmation is possible by viewing or listening to and comparing the work,etc., and the infringing information, or by comparing using specialized methods)□b)Those in which (1) b) or a) has been compressed, excluding those which fallunder (1) c)
□

c)

2

Case of mode of right infringement not covered by the Guidelines

Those in which a) or b) has been divided(State the mode of right infringement appropriately and in detail.)
9.

Method able to verify right infringement[It can be verified by the method of ○○ that right infringement has occurred.]
It is affirmed that the foregoing content is factually correct, and that we have appropriately verified
the foregoing content in accordance with chapter V of the Guidelines.
*

Attach other necessary materials.

END
Text box: (Form B)

p.20
Heisei

year

month

day

To: [○○ K.K. (Customer Service Manager)]◇◇◇◇ Incorporated Association
Representative: ○○ ○○ (name)seal

Concerning Notice for Measures to Prevent Transmission of a Work, Etc.
27

Because distribution of the following information published at the URL [http://www.abc.ne.jp/(registered to △ △ △ △ )] administered by your company infringes the [right of public
transmission provided for in article 23 of the Copyright Act held by ○○○○], as indicatedfollowing, based on the "Provider Liability Limitation Act Guidelines Relating to Copyright," we, a
copyright, etc., management service provider under V 1 (3) of the "Provider Liability Limitation
Act Guidelines Relating to Copyright," request your company to take measures to prevent
transmission of the work, etc., as follows-

1.

Address of the notice submitter[Postal code-

, Tokyo, ○○-ku, ××△-chome, ○-ban, ×-go]2.

Name of the notice submitter[◇◇◇◇ Incorporated Association (project manager:

××, ○○ Department]
3.

Contact information of the notice submitter[○○-○○○○-○○○○ (project manager: extension ××]

Telephone number
E-mail address[abcd@efg.jp]

4.

Information for specifying the infringing information

URL[http://www.abc.ne.jp/aaa/bbb/ccc.txt]

File name[ccc.txt]

Other characteristics
5.

[For example, the creation date, file size, etc., or other attributes]

Description of the work, etc.

[The work infringed by the infringing information is the work "☆☆☆☆" adapted by ▽▽▽▽
from the work "□□□□," with whose management we have been entrusted by ○○○○.
6.

Right claimed to have been infringed[Right of public transmission (including right to make transmittable) of article 23 of the CopyrightAct]
7.

Reason for claiming that copyright, etc. has been infringed[○○○○ holds the right of public transmission (including right to make transmittable) provided
28

for in article 23 of the Copyright Act pertaining to the work "☆☆☆☆" adapted by ▽▽▽▽
from "□□□□," with whose management we have been entrusted.
We and ○○○○ have given no permission whatsoever to △△△△ with respect to publiclytransmitting (including making transmittable) the work "☆☆☆☆."We and ○○○○ have not transferred or entrusted to any person the authority to grant permission
for publicly transmitting (including making transmittable) the work "☆☆☆☆."]
Additionally, we have an adequate record extending over a reasonable period and expert knowledge
relating to the work "☆☆☆☆. We are attaching materials that certify this.]8.

Mode of copyright, etc. infringement

1

Case of mode of right infringement covered by the Guidelines

The infringing information "××××" falls under the mode indicated by "■" below.
(1)

Those falling under the modes of II 4 (1) of the Guidelines■a)Those which the sender of the information admits to be infringement of

copyright, etc.
□b)

Files which have copied verbatim all or part of a work, etc. (those other than a)in which the work, etc., and the infringing information can easily be compared)□c)

Those in which b) has been compressed by a current standard compression

scheme (one which is reversible)(2)

Those falling under the modes of II 4 (2) of the Guidelines□a)

Files which have copied verbatim all or part of a work, etc. (those other than

(1) a) and b) in which confirmation is possible by viewing or listening to and comparing the work,etc., and the infringing information, or by comparing using specialized methods)□b)Those in which (1) b) or a) has been compressed, excluding those which fallunder (1) c)
□

c)

2

Case of mode of right infringement not covered by the Guidelines

Those in which a) or b) has been divided(State the mode of right infringement appropriately and in detail.)
9.

Method able to verify right infringement[It can be verified by the method of ○○ that right infringement has occurred.]
It is affirmed that the foregoing content is factually correct, and that we have appropriately verified
the foregoing content in accordance with chapter V of the Guidelines.
N.B.:

Attach other necessary materials (including documents showing the relationship of rights
29between the notice submitter and ▽▽▽▽ relating to the work "☆☆☆☆")END
Text box: (Form B') Example of notice conducted by a copyright, etc., management service
provider of the original author in a case where a derivative work has been publicly transmitted by aspecified telecommunications service without authorization

p.21
Heisei

year

month

day

To: [○○ K.K. (Customer Service Manager)]☆☆ K.K.
Representative: ○○ ○○ (name)seal

Concerning Notice for Measures to Prevent Transmission of a Work, etc.
Because distribution of the following information published at the URL [http://www.abc.ne.jp/(registered to △ △ △ △ )] administered by your company infringes the [right of public
transmission provided for in article 23 of the Copyright Act] held by us, as indicated following,based on the "Provider Liability Limitation Act Guidelines Relating to Copyright," we request thatyour company take measures to prevent transmission of the work, etc., as follows-

1.

Address of the notice submitter[Postal code-

, ○○ Prefecture, ×× City,△△○-chome, ×-ban, △-go]2.

Name of the notice submitter[ ☆ ☆ K.K. (project manager: × × , ○ ○Department]
3.

Contact information of the notice submitter30

[○○-○○○○-○○○○ (project manager: extension ××]

Telephone number
E-mail address[abcd@efg.jp]

4.

Information for specifying the infringing information

URL[http://www.abc.ne.jp/aaa/bbb/ccc.txt]

File name[ccc.txt]

Other characteristics
5.

[For example, the creation date, file size, etc., or other attributes]

Description of the work, etc.

[The work infringed by the infringing information is the work "□□□□," which we created.]
6.

Right claimed to have been infringed[Right of public transmission (including right to make transmittable) of article 23 of the CopyrightAct]
7.

Reason for claiming that copyright, etc. has been infringed[We hold the right of public transmission (including right to make transmittable) provided for inarticle 23 of the Copyright Act pertaining to the work "□□□□."We have given no permission whatsoever to △△△△ with respect to publicly transmitting(including making transmittable) the work "□□□□."We have not transferred or entrusted to any person the authority to grant permission for publiclytransmitting (including making transmittable) the work "□□□□."]
8.

Mode of copyright, etc. infringement

1

Case of mode of right infringement covered by the Guidelines

The infringing information "××××" falls under the mode indicated by "■" below.
(1)

Those falling under the modes of II 4 (1) of the Guidelines■a)Those which the sender of the information admits to be infringement of

copyright, etc.
□b)

Files which have copied verbatim all or part of a work, etc. (those other than a)in which the work, etc., and the infringing information can easily be compared)□c)

Those in which b) has been compressed by a current standard compression

scheme (one which is reversible)(2)

Those falling under the modes of II 4 (2) of the Guidelines□a)

Files which have copied verbatim all or part of a work, etc. (those other than

(1) a) and b) in which confirmation is possible by viewing or listening to and comparing the work,etc., and the infringing information, or by comparing using specialized methods)
31

□

b)

Those in which (1) b) or a) has been compressed, excluding those which fallunder (1) c)
□

c)

2

Case of mode of right infringement not covered by the Guidelines

Those in which a) or b) has been divided(State the mode of right infringement appropriately and in detail.)
It is affirmed that the foregoing content is factually correct, and that we are a member of △△△△
Incorporated Association, a reliability verification organization under V 1 (1) of the guidelines.
Text box: (Form C)
END

p.22
Heisei

year

month

day

To: [○○ K.K. (Customer Service Manager)]☆☆ K.K.
Representative: ○○ ○○ (name)seal

Concerning Notice for Measures to Prevent Transmission of a Work, Etc.
Because distribution of the following information published at the URL [http://www.abc.ne.jp/(registered to △ △ △ △ )] administered by your company infringes the [right of public
transmission provided for in article 23 of the Copyright Act] held by us, as indicated following,based on the "Provider Liability Limitation Act Guidelines Relating to Copyright," we request
your company to take measures to prevent transmission of the work, etc., as follows.

1.

Address of the notice submitter[Postal code32-

, ○○ Prefecture, ×× City,

△△○-chome, ×-ban, △-go]2.

Name of the notice submitter[ ☆ ☆ K.K. (project manager: × × , ○ ○Department]
3.

Contact information of the notice submitter[○○-○○○○-○○○○ (project manager: extension ××]

Telephone number
E-mail address[abcd@efg.jp]

4.

Information for specifying the infringing information

URL[http://www.abc.ne.jp/aaa/bbb/ccc.txt]

File name[ccc.txt]

Other characteristics
5.

[For example, the creation date, file size, etc., or other attributes]

Description of the work, etc.

[The work infringed by the infringing information is the work "☆☆☆☆" adapted by ▽▽▽▽
from the work "□□□□," which we created.]
6.

Right claimed to have been infringed[Right of public transmission (including right to make transmittable) of article 23 of the CopyrightAct]
7.

Reason for claiming that copyright, etc. has been infringed[We hold the right of public transmission (including right to make transmittable) provided for inarticle 23 of the Copyright Act pertaining to the work "☆☆☆☆," which ▽▽▽▽ adapted from"□□□□."We have given no permission whatsoever to △△△△ with respect to publicly transmitting(including making transmittable) the work "☆☆☆☆."We have not transferred or entrusted to any person the authority to grant permission for publiclytransmitting (including making transmittable) the work "☆☆☆☆."]
8.

Mode of copyright, etc. infringement

1

Case of mode of right infringement covered by the Guidelines

The infringing information "××××" falls under the mode indicated by "■" below.
(1)

Those falling under the modes of II 4 (1) of the Guidelines■a)Those which the sender of the information admits to be infringement of

copyright, etc.
□b)

Files which have copied verbatim all or part of a work, etc. (those other than a)in which the work, etc., and the infringing information can easily be compared)
33

□

c)

Those in which b) has been compressed by a current standard compression

scheme (one which is reversible)(2)

Those falling under the modes of II 4 (2) of the Guidelines□a)

Files which have copied verbatim all or part of a work, etc. (those other than

(1) a) and b) in which confirmation is possible by viewing or listening to and comparing the work,etc., and the infringing information, or by comparing using specialized methods)□b)Those in which (1) b) or a) has been compressed, excluding those which fallunder (1) c)
□

c)

2

Case of mode of right infringement not covered by the Guidelines

Those in which a) or b) has been divided(State the mode of right infringement appropriately and in detail.)
It is affirmed that the foregoing content is factually correct, and that we are a member of △△△△
Incorporated Association, a reliability verification organization under V 1 (1) of the guidelines.
END
Text box: (Form C') Case of notice conducted by the author (juridical person) of the original workthrough a reliability verification organization in a case where a derivative work has been publiclytransmitted by a specified telecommunications service without authorization

p.23
Heisei

year

month

day

To: [○○ K.K. (Customer Service Manager)]◇◇◇◇ Incorporated Association
Representative: ○○ ○○ (name)seal

Concerning Verification of Notice for Measures to Prevent Transmission of a Work, etc.
We, a reliability verification organization under V 1 (1) of the "Provider Liability Limitation Act
Guidelines Relating to Copyright," hereby affirm that, with respect to the content of the notice of34

measures to prevent transmission of a work, etc., that [☆☆ K.K.], a member of our organization,
made to your company on the date of Heisei ○○ year ○○ month ○○ day based on the same
Guidelines, verification in accordance with V of the Guidelines was conducted appropriately withrespect to the following items-

1.

Notice submitter ☆☆ K.K. is a member of this organization.

2.

This notice definitely was conducted by ☆☆ K.K.

3.

Notice submitter ☆☆ K.K. is the copyright holder, etc., of the work, etc. "□□□□"(hereinafter referred to as "work, etc. A") listed on the notice form submitted to your company.
4.

The copyright, etc., of work, etc. A has been infringed.

5.

The mode of infringement of the copyright, etc., pertaining to copyright, of work etc. A in

4 is covered by the above-mentioned Guidelines.
6.

The copyright, etc., pertaining to work, etc. A is within the term of protection.

7.

Method of verifying that right infringement has occurred[It was verified by the method of ○○ that right infringement has occurred.]
It is affirmed that the foregoing content is factually correct.
N.B.:

Attach other necessary materials.

END
Text box: (Form D)

p.24
Heisei

year

month

day

To: [○○ K.K. (Customer Service Manager)]35◇◇◇◇ Incorporated Association
Representative: ○○ ○○ (name)seal

Concerning Verification of Notice for Measures to Prevent Transmission of a Work, etc.
We, a reliability verification organization under V 1 (1) of the "Provider Liability Limitation Act
Guidelines Relating to Copyright," hereby affirm that, with respect to the content of the notice ofmeasures to prevent transmission of a work, etc., that [☆☆ K.K.], a member of our organization,
made to your company on the date of Heisei ○○ year ○○ month ○○ day based on the same
Guidelines, verification in accordance with V of the Guidelines was conducted appropriately withrespect to the following items-

1.

Notice submitter ☆☆ K.K. is a member of this organization.

2.

This notice definitely was conducted by ☆☆ K.K.

3.

Notice submitter ☆☆ K.K. is the copyright holder, etc., of the work, etc. "☆☆☆☆"(hereinafter referred to as "work, etc. A") listed on the notice form submitted to your company.
4.

The copyright, etc., of work, etc. A has been infringed.

5.

The mode of infringement of the copyright, etc., pertaining to copyright, of work etc. A in

4 is covered by the above-mentioned Guidelines.
6.

The copyright, etc., pertaining to work, etc. A is within the term of protection.

7.

Method of verifying that right infringement has occurred[It was verified by the method of ○○ that right infringement has occurred.]
It is affirmed that the foregoing content is factually correct.
N.B.:

Attach other necessary materials (including documents showing the relationship of rights

between the notice submitter and ▽▽▽▽ relating to the work "☆☆☆☆")END
Text box: (Form D') Example of verification conducted by a reliability verification organization in
the case of notice by form C'3637