COPYRIGHT SYSTEM IN JAPANJapan Copyright Office (JCO)
Agency for Cultural Affairs
Government of Japan

February, 2020

Published by
Copyright Research and Information Center (CRIC)Japan

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©Japan Copyright Office
Agency for Cultural Affairs
Government of Japan 2020

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TABLE OF CONTENTS
Ⅰ. COPYRIGHT AUTHORITIES OF THE GOVERNMENT

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Ⅱ. HISTORY OF COPYRIGHT SYSTEMS IN JAPAN
（1）Establishment of the Modern Copyright System
3（2）Development of the Copyright System
3（3）Enactment of the New Copyright Law
4（4）Accession to International Conventions
5（5）Recent Developments in Relevant Legislations
5（6）Enactment of the Law on Management Business of Copyrightand Neighboring Rights
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Ⅲ. DEVELOPMENT OF COPYRIGHT PROTECTION POLICIESFOR ADVANCED INFORMATION AND COMMUNICATIONNETWORKS［Background］［Strategic Actions］（1）Streamlining Laws and Regulations（2）Promoting Smooth Distribution Systems（3）Dealing with International Issues（4）Reinforcing Education for Copyright

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Ⅳ. AUTHOR’S RIGHT AND NEIGHBORING RIGHTS IN
THE JAPANESE COPYRIGHT LAW
1. Author’s Right（1）Definition/Classification of “Works”（2）Protected Works（3）“Author” and “Copyright Owner”（4）Rights of Authors
2. Neighboring Rights（1）Neighboring Rights Owners and the Scope of Protection（2）Neighboring Rights Granted by the Copyright Law
3. Term of Protection（1）Author’s Right（2）Neighboring Rights

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4. Limitation on Rights

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Ⅴ. MEASURES AGAINST INFRINGEMENT
1. Civil Remedies（1）General Provisions for Civil Remedies（Civil Code）（2）Special Provisions for Copyright（Copyright Law）
2. Criminal Remedies（1）Copyright Law（2）Penal Code and other Criminal Legislations
3. Acts Considered as Infringements（Copyright Law）
4. Border Measures and other Preventive Measures（1）Border Measures（Customs Tariff Law）
（2）Preventive Measures

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Ⅵ. DEVELOPMENT COOPERATION PROGRAMS（1）APACE Program（1993~）（2）Asian Copyright Experts Invitation Program（1996~）（3）Asia-Pacific Copyright and Neighboring Rights Seminar（1997~）（4）JICA Group Training Course（1999~）
Ⅶ. NON-GOVERNMENTAL ORGANIZATIONS（1）Major NGOs related to Copyright and Neighboring
Rights＜General＞（a）Copyright Research and Information Center（CRIC）（b）Japan Reproduction Rights Center（JRRC）＜Literary Work＞（c）The Japan Writers’ Association（d）Writers Guild of Japan（WGJ）（e）Japan Writers Guild（f）Japan Book Publishers Association（JBPA）（g）Japan Magazine Publishers Association（JMPA）＜Visual Work＞（h）The Japan Art, Photograph and Graphic Design Copyright
Organization（APG-Japan）

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（i）Directors Guild of Japan（j）Motion Picture Producers Association of Japan, Inc.
（k）Japan Association of Audiovisual Producers, Inc.
（l）Japan Video Software Association（JVA）＜Musical/Audio Works＞（m）Japanese Society for Rights of Authors, Composers andPublishers（JASRAC）（n）Music Publishers Association of Japan（MPA）（o）The Federation of Music Producers Japan（FMPJ）（p）Society for the Administration of Remuneration for Audio
Home Recording（sarah）＜Computer Program＞（q）Association of Copyright for Computer Software（ACCS）（r）Software Information Center（SOFTIC）＜Performance＞（s）Japan Council of Performers’ Organizations（GEIDANKYO）＜Phonogram＞（t）Recording Industry Association of Japan（RIAJ）＜Broadcasting＞（u）Japan Commercial Broadcasters Association（JBA）

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Ⅰ. COPYRIGHT AUTHORITIESOF THE GOVERNMENT
The protection of copyright (copyright (author’s right) and neighboring rights) is apart of the responsibility of the cultural authorities of the Government of Japan i.e.
the Japan Copyright Office (JCO) of the Agency for Cultural Affairs (ACA), which is apart of the Ministry of Education, Culture, Sports, Science and Technology (MEXT).
The diagram below shows the structure of the governmental organizations related tocopyright. (Industrial property rights come under the responsibility of the Ministry of
Economy, Trade and Industry (METI) and the Japanese Patent Office (JPO), which isa part of the former.)
Ministry of Education, Culture, Sports, Science and Technology(Directorates for Education, Science and Technology)

Agency for Cultural Affairs (ACA)(Advisory Committees)

Council for Cultural Affairs

Subdivison on Copyrights

Japan Copyright Office (JCO)
Office for Promoting Works Distribution
Office for International Copyrights
Other Divisions

Japan Sports Agency―1―

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The JCO has been carrying out a wide range of copyright policies such as the planning of copyright legislations, the improvement of right clearance systems, the planning of new policies to cope with the development of digitization and network, supervision over collective societies, educational activities for experts and the generalpublic, participation in international norm-setting, cooperation programs for developing countries, countermeasures against piracy, etc.
Important policies are planned based on discussions and reports of the Subdivision
on Copyrights of the Council for Cultural Affairs which is an advisory committee for
the Commissioner of the ACA. This Council is composed of some members (representatives of rightholders and users, researchers, experts, lawyers, etc.) and has beenfunctioning as the major mechanism to mobilize expertise of specialists as well as toharmonize various viewpoints and interests of stakeholders.

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Ⅱ. HISTORY OF COPYRIGHTSYSTEMS IN JAPAN(1) Establishment of the Modern Copyright System
Japan marked its first step of development toward a developed country in 1868
when the Meiji Restoration took place after its 270-year reign of Tokugawa (Edo)
Shogunate and its isolation policy. Among the developments of various political, legal,
economic and social systems, the system of copyright was also established and developed gradually after the Meiji Restoration. The first legislation on copyright was the
Publishing Ordinance, which was enacted in 1869. This Ordinance provided for boththe protection of copyright and the regulation on publishers. In 1887, the copyrightpart of this Ordinance became independent as a newly established legislation called
the Copyright Ordinance, which is said to be the first copyright legislation in Japan in
substance.
Japan acceded to the Berne Convention in 1899. As a new set of provisions was
required to comply with the Berne Convention, the Copyright Ordinance was changed
as a whole into the Copyright Law in 1899. This Copyright Law of 1899 (the old Copyright Law) is referred to as the first modern copyright law of Japan consistent with theinternational standard of copyright protection.
(2) Development of the Copyright System
After the initial enactment, the Copyright Law of 1899 was revised and amended
several times as follows in order to expand the range of copyright protection and to
facilitate fair exploitations of works.
1910:   Architectural work was added as a type of work of authorship to beprotected. The protection of works against unauthorized cinematographic adaptation and presentation was stipulated. (In the same year, Japan
ratified the Berlin Act of the Berne Convention of 1908.)
1920:   The protection of musical performances was stipulated principally
against unauthorized audio fixation. (Performances are currently protected by neighboring rights regimes in the majority of countries including Japan, however, they used to be protected by the copyright regime inJapan under the old Copyright Law up to 1970.)―3―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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1931:   The protection of moral rights was expanded. The rights of broadcasting was introduced. The protection of cinematographic works was stipulated. (In this year, Japan ratified the Rome Act of the Berne Convention of 1928.)
1934:   The right of publication was introduced. The rights of phonogram producers, which are now protected as neighboring rights, was stipulated.
In addition to above revisions, the Law on Intermediary Business Concerning Copyright was enacted in 1939. This Law provided for regulations on collective management of musical, literary and dramatic works
for the benefit of copyright owners and users, aiming at fair exploitationof works.
(3) Enactment of the New Copyright Law
The old Copyright Law remained in force for some seventy years since its enactment in 1899 although minor amendments were made several times. However, as themeans of reproduction and communication of works developed increasingly rapidly,
a number of provisions in the old Copyright Law became insufficient and obsolete tocope with such new developments.
With regard to the international framework of copyright protection, the Berne Convention was revised continually in Brussels in 1948, in Stockholm in 1967 and in Parisin 1971. Also, an international convention for the protection of neighboring rights wasconcluded in Rome in 1961 (the Rome Convention) in order to establish an international framework to protect the rights of performers, phonogram producers andbroadcasting organizations.
Under such circumstances, the Government of Japan decided to reform its copyright system thoroughly. After far-reaching discussions at the Copyright System Council, started in 1962, in response to the request of the Government, the Government
drafted a totally new copyright law in 1966 based on the report of the Council. The
draft law was submitted to and approved by the Diet in 1970, and subsequently, the
new Copyright Law was enacted in the beginning of 1971.
The major characteristics of the new Copyright Law are as follows.
Firstly, for the purpose of strengthening copyrights, both moral rights and economic rights were clearly defined. With regard to the term of protection, it was extended
from 30 years to 50 years after the death of the author.
Secondly, considerably detailed provisions of limitation on rights were introduced―4―

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to permit fair exploitations of works in exceptional cases such as reproduction for
personal use, in libraries, for educational purposes, etc. However, strict and detailed
conditions were stipulated for each case under the limitation, and in some cases obligation to pay proper compensation was imposed on the users.
Thirdly, neighboring rights were newly established to protect the rights of performers, phonogram producers and broadcasting organizations. This was done to comply
with the obligations under the Rome Convention.
Fourthly, the new Copyright Law contained such other detailed provisions as follows: the exploitation of works under compulsory license in the case where the copyright owner is unknown; registration systems (registration of the date of first publication, true name of the author, transfer of copyright, etc., which are not compulsory tohave the eligibility of ownership) and an arbitration system for dispute settlement
concerning copyright. Furthermore, the new Copyright Law incorporated strengthened penal sanctions on the infringement of copyright.
(4) Accession to International Conventions
Japan has been a member of the Berne Union since 1899. As the contents of the new
Copyright Law fulfilled the obligations of both the Brussels Act (1948) and the Paris
Act (1971) of the Berne Convention, Japan acceded to the former in 1974 and ratified
the latter in 1975.
To cope with the digitization and networking society, Japan acceded to the WIPO
Copyright Treaty in 2000, the WIPO Performances and Phonograms Treaty in 2002 andthe Beijing Treaty on Audiovisual Performances in 2014.
In 2019, Japan acceded to the Marrakesh VIP Treaty to enhance information access
opportunities for persons with visual impairments etc..
With regard to other international conventions, Japan has ratified or acceded tothem as follows:
1956: The Universal Copyright Convention
1978: The Phonograms Convention
1989: The Rome Convention
1994: The TRIPS Agreement
The level of the protection of author’s right and neighboring rights in Japan exceeds
the obligations of the above international conventions in a number of aspects.
(5) Recent Developments in Relevant Legislations
Keeping up with the significant developments in relevant technologies, changes in―5―

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socio-economic backgrounds and international movements after 1971, the new Copyright Law has been revised a number of times. The major recent revisions of the Copyright Law after 1984 are as follows:
1984: • Introduction of “the right of rental”
1985: • Stipulations to clarify the protection of “computer programs”
1986: • Stipulations to clarify the protection of “databases”•

Introduction of “the right of interactive transmission”
Introduction of “wire diffusion organizations” as the fourth category of•neighboring rights owners
1988: • Strengthening of penal sanctions (against the possession of pirated copies for the purpose of distribution)
Expansion of the term of protection of neighboring rights (from 20 to 30•years)
1989: Amendments to comply with the Rome Convention•

1991: • Expansion of the term of protection of neighboring rights (from 30 to 50
years)
1992: Introduction of “the compensation system for digital private recording”•

1994: • Amendments to comply with the TRIPS Agreement
1996: • Expansion of the duration of the protection of photographic works
Expansion of the range of retroactive protection of neighboring rights•beyond the obligation under the TRIPS Agreement•

Increase in the amount of fine as penal sanction•

Introduction of a new system for damage information

1997: • Establishment of the new right of “making transmittable (available)”
1999: • Amendments to comply with the WIPO Copyright Treaty and the WIPO
Performances and Phonograms Treaty− Establishment of the new provisions on “Technological Measures”
and “Rights Management Information”− Establishment of the new right of transfer of ownership− Extension of the right of presentation
2000: Stipulations of limit on author’s rights for certain cases of exploitation•of works for the visually disabled and the hearing impaired
Strengthening of Civil remedies and penal sanctions (the ceiling of a•fine against infringement by legal persons is raised to not exceeding ahundred million yen)
2002: Amendments to comply with the WIPO Performances and Phonograms•―6―

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Treaty− Establishment of the new moral rights of Performers− Establishment of the new right of making works transmittable tobroadcasting organizations and wire diffusion organizations− Change of the beginning of term of Protection of Phonograms
2003: • Expansion of the term of the protection of cinematographic works
Stipulations of limit on rights for reproduction for preparing textbooks•in large print and public transmission in educational institutions, etc.
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Strengthening of civil remedies
2004: • Establishmentof the new right of “Rental right for books and maga-zines” by removing the supplementary provision concerned
Establishment of the new prevention measures for Sound recordings•from flowing back across the border•

Strengthening penalties for copyright infringement
2006: • Facilitationof simultaneous retransmission of regular broadcast pro-gram by IP multi-cast broadcasting
Establishment of limitations on rights, such as interactive transmission•of digitally recorded books for visually disabled, reproduction for submitting documents in patent examination procedure and pharmaceutical approval procedure, and temporary reproduction for repair or maintenance of machines
Exportation of pirated goods etc. shall be considered as an act consti-•tuting infringements on copyright and related rights
Strengthening penalty for copyright infringement•

2007: Establishment of act on Prevention of Unauthorized Recording of Mov•

ie in Theaters for development of movie industry and culture.
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2008: • Expansionof Limitation on Copyright for reproduction in school text-

book in large for the purpose of study use by visual disabled children or
pupils.
2009: Measures for making it easier to use copyrighted works through the•internet. The following cases are permissible without authorization ofright holders.
− reproduction to implement an Internet Search− secondary use of old broadcast program etc. through the Internet incase such as where the whereabouts of the copyright holder is unknown―7―

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− digitization of the materials housed in the National Diet Library− publication of images of art works part of online sales− reproduction for the purpose of information analysis and research− reproduction for the purpose of making transmissions more efficientetc.
− reproduction required in using a computers
Measures for deterring the illegal distribution of copyright materials.

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The following act shall be considered to constitute infringement on
copyright.
− offer the sale of pirated works through the Internet being aware of
infringement− reproduction of music and motion pictures that has been downloaded
illegal through the Internet being aware of infringement over if it isfor the purpose of private use
Expansion of Limitation on Copyright as measures for making it equal•access to information for the people with disabilities
Stipulations of limit on rights for reproduction of collecting internet•materials by the Chief Librarian of the National Diet Library under the
National Diet Library Law.
2012:1. Provisions stipulating that the following types of acts shall not constitute infringement are made.
Provisions relating to ‘so-called’ incidental use etc.
− Exploitation of a work appearing incidentally in a photographic work

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etc.
− Exploitation of a work deemed to be necessary for the process ofachieving legitimate use of the work.
− Exploitation of a work as a material for developing technology or
testing for practical use.
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Exploitation of a work for information processing necessary for
preparation of providing information through the use of informationand communications technology.
Provision relating to the interactive transmission of library materials by•

the National Diet Library.
Provision relating to the exploitation of a work on the basis Public Re-•

cords Management Law etc.
2. Following provisions are made for strengthening protection of copy―8―

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right and related rights.
Provision relating to technological protection measures for copyright•and related rights.
Provision relating to criminal penalties against downloading illegally•

uploaded music or movie files.
2014:1. Amendment of provisions relating to the right of publication in response to e-books (changes are underlined)(1) Establishment of the right of publication
The owner of copyright may establish the right of publication infavour of a person who undertakes① to publish the work in a writing or a printing (including the
distribution of works recorded on a memory)② to transmit copies of a work recorded on a memory on the Internet(2) Contents of the right of publication① Right to reproduce a work in a writing or a printing for the
purpose of distribution (including the right to reproduce a workon an electro-magnetic record stored on a memory)② Right to transmit copies of a work recorded on a memory on
the Internet(3) Obligation of publication and request to terminate the right of publication① Unless otherwise stipulated in the contract, the owner of theright of publication shall, depending on the contents of the right,
have the obligations as follows:  − To publish or transmit on the Internet within a period of six
months after the date of receipt of the manuscripts, etc.
  − To publish or transmit on the Internet continuously in accordance with business practice.
② The owner of copyright may terminate the right of publication
if the owner of the right of publication has not discharged his or
her obligation mentioned in (3)①.
2. Amendment to accede to the Beijing Treaty on Audiovisual Performances
In line with the Beijing Treaty on Audiovisual Performances, protection•under the Copyright Law is also granted to performances by nationals―9―

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of the Contracting Parties of the Treaty.
2018:1
. Amendment to meet the various needs of exploitation of works
brought by the development of digital networking technologies(1) Development of flexible provisions of limitations on copyrights− Enabling to exploit works without authorization for services using
big data which shall not adversely affect works market.
− For creating innovations, arrange provisions described abstractly
to some extent in order to correspond flexibly to a new exploitation of works in the future along with the development of information and telecommunication technology.
(2) Promoting ICT use in education− For enhancing the quality of education by the use of ICT, give authorization for actions such as sending teaching materials, whichteachers created by exploiting works for classes or preparation andreview, to the students’ devices through networks.
(3) Enhancement of opportunities for persons with disabilities to access information− To accede to Marrakesh Treaty, review the existing provision forvisually impaired person and make it possible to provide recorded
books without authorization for those who have physical disabilities and cannot access to published works.
(4) Promoting archives− Prepare descriptions or introductory materials of displayed works
at museums in digital form and make it possible to access with tablets, etc., without authorization− No deposit compensation is necessary when national and local government uses compulsory license system− Enabling National Diet Library to deliver materials which are out of
print to libraries abroad without authorization.
2. Amendment to respond to the Trans-Pacific Partnership (TPP)− Extension of the terms of protection for copyrighted works, etc. (50years to 70 years)− Certain crimes of copyright infringement to be made prosecutablewithout the need for a formal complaint.
− Improvement of a system of effective technological measures for
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− grant of remuneration right to secondary use fees of online music
distribution− improvement of a system for pre-established damages(6) Enactment of the Law on Management Business of Copyright and Neighboring Rights
The Law on Intermediary Business concerning Copyright remained in force forsome sixty years without any significant amendments since its enactment in 1934.
However, in order to consolidate new business rule with regard to copyright management, responding to the development of content industry in the IT revolutionary age,an introduction of new copyright business law has been examined.
From such a point of view, the Law on Intermediary Business concerning Copyright
was abolished and the Law on Management Business of Copyright and Neighboring
Rights was newly enacted in November 2000, whose main purpose is to facilitate establishment of new copyright management business. This law came into force in October, 2001.
The outline of new system is as follows.
(a) The categories of works under the law is extended to all categories of works
and objects of neighboring rights.
(b) With respect to prerequisites for engagement in copyright management business, the registration system is substituted for the license system.
(c) With respect to rules on the royalty, the notification system is substituted forthe approval system and the new dispute settlement system is introduced.

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Ⅲ. DEVELOPMENT OF COPYRIGHTPROTECTION POLICIES FOR ADVANCEDINFORMATION AND COMMUNICATIONNETWORKS[Background]With the advancement and the diversification of information technology, we areusing a large variety of methods for creating and using literary and artistic works, thus
spreading numerous works more extensively across the globe. As a result, an increasing number of people are being involved in copyrights.
In light of this new environment, including spread of the Internet, the World Intellectual Property Organization (WIPO) adopted the WIPO Copyright Treaty (WCT) andthe WIPO Performances and Phonograms Treaty (WPPT) in 1996. Japan consecutively revised relevant laws and regulations in 1997, 1999, 2000, and 2002 in line with thesetreaties. The country acceded to the WCT in 2000 and the WPPT in 2002.
The Japanese government has been endeavoring to effectively protect and use intellectual property, ranging from animated cartoon and music to inventions and plantvarieties. In February 2002, for achieving the goal of making Japan an “intellectual
property - based nation”, Strategic Council on Intellectual Property Rights was set up
in Japan to deal with a diversity of problems under the initiative of the Prime Minister.
In July, the Council released Intellectual Property Policy Outline. In December, Basic
Law on Intellectual Property was enacted. Intellectual Property Strategy Headquarters was set up in March 2003. And in July, “Strategic program for the creation, protection and exploitation of Intellectual Property” was issued and has been built up annually to implement policies stipulated in the law. Meanwhile, the Council for Scienceand Technology Policy and the Judicial Reform Headquarters are extensively discussing how to properly protect intellectual property.
JCO, which is in charge of copyright issues and procedures, has designated strategic fields for developing a comprehensive copyright policy: (1) streamlining laws andregulations, (2) developing smooth distribution systems, (3) dealing with international issues, (4) reinforcing education on intellectual property.

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[Strategic Actions][1] Streamlining Laws and Regulations
1. The Latest trend and future assignment
The Subdivision on Copyright of the Council for Cultural Affairs has discussed numerous issues concerning copyrights in response to rapid progress of the digital andnetwork society, as well as social demands described in the Intellectual Properties
Strategies.
(1) Latest amendment to the Copyright Law
The Partial Amendment to the Copyright Law, which aims to accurately meet thevarious copyright user needs created by progress in digital network technologies,
was enacted in May 2018. The revisions are based on the“Report of the Subdivision
on Copyright, Council for Cultural Affairs” (April 2017). It revises the scope of actions requiring the permission of right holders and aims to make it easier to use
copyrighted material in archives for educational purposes and for usage by persons
with disabilities, art gallery and so forth. The specific contents are as follows.
With the exception of ②, these revisions are planned to come into effect on January
1, 2019. ② will be executed on a date prescribed by ordinance within 3 years of thepromulgation of the law.
①

Development of flexible provisions of limitations on copyrights(*1)
Given that needs to create and develop services using copyrighted works, suchas the use of AI and big data, have arisen due to technical innovations, the newflexible provisions will make it possible to use copyrighted work without rightholder permission if the purpose is a service or some other function (*2) thatuses big data and that does not cause damage to the copyright market. Moreover,in an effort to promote innovation, the revisions include somewhat abstract provisions of limitations on rights in order to accommodate potential future uses of
copyrighted works that may come about due to progress in information technology.
(*1) The Copyright Law in principle prescribes that the permission of the rightholder is required when using copyrighted works and identifies exceptions tothis as “provisions of limitations on rights.”(*2) For example, location search services (e.g., searching for book information)or information analysis services (e.g., academic plagiarism checks).
②

Promoting ICT use in education
In recent years, education using ICT is considered to have become important

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etc., and expand education opportunities and the resolution of issues in the copyright system is required to promote this. As a way to improve educational quality
through ICT use, in case teachers want to use other people’s copyrighted works
to create teaching materials for school lessons, preparation and revision as well
as share them with students via a network, the revisions allow them to do so
without right holder’s permission, on the condition of paying compensation.
Moreover, in addition to the legal revisions, it is expected to organize trainings
and information campaigns about legal matters in educational institutions, formulating guidelines on how to interpret the law, developing a license environment through initiatives centering on the relevant parties to solve legal operational challenges.
③ Enhancement of opportunities for persons with disabilities to accessinformation
In June 2013, the Marrakesh Treaty to Facilitate Access to Published Works for
Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled was ratified (entering into force in September 2016). In preparation of the Marrakesh
Treaty, the revisions allow the creation of audiobooks for visually and physically
impaired persons without right holder permission since they are unable to handle
physical books.
④ Promoting archives
The new law made it easier to utilize copyrighted works in archives as thepromotion of such usage will contribute to Japan’s cultural development.
If made it possible to present images of artworks online without permission forthe purpose of providing the general public with information about works exhibited at art galleries and similar institutions, for example by making it possible toread commentaries on the works on tablets and other electronic devices. Furthermore, the new law not only removed the need to deposit compensation inadvance, when the state or local governments seeks a ruling on works for which
the right holder is unknown, but also made it possible for the National Diet Library to send out-of-print materials to libraries abroad and others.
(2) Discussion at the Subdivision on Copyright
The Subdivision on Copyright of the Council for Cultural Affairs is discussing
how to revise the copyright system in accordance with changing conditions for
copyright and related social demands. In FY2017, the following matters were discussed in particular.
①

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Since the activities of so-called leech sites(*) which provide links to infringing
content, etc. facilitates access to infringing content and fosters copyright infringement, examination of measures to tackle such activities is required. The
Subdivision is hearing opinions from parties concerned on the actual situation
with regard to leech sites, etc. and requirements in relation to the copyright system, and it discusses measures while taking the balance between protection ofrights and freedom of expression into consideration so as not to overly restrict
use of the Internet.
(*) Websites which do not post content themselves but which provide information on links to infringing content stored on other websites, thus linking users
to infringing content②

Appropriate return to the creators
Given the argument that the Private Copying Levy System introduced in 1992,

which charges those who record music or TV programs for private use on dedicated devices or media with compensating right holders, is no longer in tune withthe reality of sound and video recording, owing to the emergence of new devices
and services, the Subdivision discussing how creators can be suitably remunerated.
[2] Promoting Smooth Distribution Systems
Widespread Internet use, together with the digitalization of copyrighted works, hasmeant that the form of distribution of copyrighted works has been dramaticallychanged. In this situation, JCO takes the following measures in terms of the promotion of distribution of copyrighted works.
(1) Appropriate operation of the Law on Management Business of Copyright and Related Rights
As for the management of copyright and related rights, the Law on Management
Business of Copyright and Related Rights, went into effect in 2001 in response to
the progress of deregulations, regulates collective management system for copyrighted works, which is widely used for the convenience of users of copyrighted
works and for increasing effectiveness of rights management. The registered 27
copyright management entities are doing business under the Law (as of July 1,2019). JCO supervises the collective management of copyrights that conduct these
operations through collection of annual business reports and regular on-site inspections based on the Law.
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and Publishers submitted a set of rules for the collection of usage fees when musicis performed in music classes and in similar location, in response to which the Society for the Protection of Music Education, which represents users, requested aruling by the Commissioner for Cultural Affairs to defer the enforcement of therules. Based on a report from the Council for Cultural Affairs, the Commissioner for
Cultural Affairs ruled that the enforcement of said rules would not be deferred aswell as notified the JapaneseSociety for Rights of Authors, Composers and Publishers of the suitable measures to be implemented for the enforcement of the rules.
(2) Compulsory license system for the use works etc. in case where the copyrightowner is unknown
In cases where the copyright owner is unknown, under the authority of a rulingissued by the Commissioner of the Agency for Cultural Affairs, JCO grants compulsory license for the legal use of such works etc.
In FY2018, JCO issued licenses concerning the use of 35,816 works in books orfor performance in broadcast programs and others. Moreover, in FY2017, as a way
to facilitate easier use of the ruling system, the ruling application fee was revised bygovernment ordinance from 13,000 yen to 6,900 yen on the basis of operational
performance of recent ruling procedures (enforced April 1, 2018).
Furthermore, we have been engaged in the new project Inspections to Consolidate Contents Rights Information since FY2017 for the purpose of making contentsrights management smoother.
[3] Dealing with International Issues
As more people use digitized information and access digital networks, they are able
to copy a variety of works on the Internet more easily. At the same time, digitizedworks are being distributed more actively across national borders. JCO is promoting
the construction of antipiracy measures and an international rule to cope with these
new circumstances.
1. Participation in International Rulemaking(1) Response to the Trans-Pacific Partnership (TPP)The Trans-Pacific Partnership (hereinafter the “TPP 12”) is a comprehensive economic partnership agreement signed by 12 member countries in the Asia-Pacificregion. It aims not only to reduce or eliminate tariffs on goods but also to promoteliberalization of services and investments and to write new rules for the 21st century in a wide range of industries. The TPP 12 also makes various provisions concern― 16 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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ing intellectual property rights including copyright and seeks to promote the protection and use of intellectual property rights.
With regard to some matters included in the copyright provisions agreed in the
TPP 12, such as extending the term of protection for copyrighted works, etc. andmaking certain crimes of copyright infringement prosecutable without the need for
a formal complaint, the “Act for the Establishment of Relevant Laws to Accompany
the Ratification of the Trans-Pacific Partnership (hereafter “Preparation Law for
TPP 12”)”, which includes some amendments to the Copyright Act, was enacted on
December 9, 2016 following examination by the Copyright Subdivision of the Council for Cultural Affairs. The amendments to the Copyright Act were to take effect on
the date on which the TPP 12 enters into force in Japan.
Subsequently, in January 2017, as the United States signaled their withdrawal
from the TPP12, the remaining 11 countries conducted negotiations, which resulted
in the signing of the Comprehensive and Progressive Agreement for Trans-PacificPartnership (hereinafter the “TPP11”). With the conclusion of the TPP11, the Partial Amendment to the Law for Preparing Laws Related to the Conclusion of theTrans-Pacific Partnership Agreement was created in June 2018. The laws related to
the TPP11, including the revisions to the copyright law, are to be enacted on the day
the TPP11 comes into force in Japan.
(2) The Japan–EU Economic Partnership Agreement (EPA)
The Japan–EU EPA is an economic partnership agreement with the EU, an important global partner of Japan. Negotiations commenced in March 2013 and a deal
was reached in December 2017. As a model for the 21st-century economic order,
the Japan–EU EPA contains a variety of regulations in the area of intellectual property that aim to promote both the protection and the utilization of such properties.
In the area of copyright, we agreed with the EU that copyrighted works should beprotected for 70 years after the death of the creator.
From here on, we will be taking measures necessary for enabling an early signingof the Japan–EU EPA in step with the schedule for the conclusion of the agreement.
(3) Items Relating to WIPO
Additionally, WIPO (World Intellectual Property Organization) is currently holding discussions on the formulation of new treaties on broadcasting organizations,and Japan is actively part of those discussions. In June 2012, the Beijing Treaty on
Audiovisual Performances was adopted, and in June 2013, the Marrakesh Treaty forfacilitating access to and use of copyrighted works for the blind, visually impaired
and otherwise print disabled was adopted. The conclusion of the Beijing Treaty on― 17 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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Audiovisual Performances was adopted by the Diet in May 2014 and Japan accededto the Treaty in June 2014.
The conclusion of the Marrakesh Treaty was similarly adopted by the Diet in
April 2018. Japan has been actively participating in discussions the formulation of
new treaties on broadcasting organizations and other frameworks.
In addition, JCO is encouraging Asian countries to conclude treaties related tocopyright as they are negotiating economic partnership agreements (EPA).
2. Anti-Piracy Initiatives Overseas
The copyrighted works of Japan such as manga, animation, music, movies and video games have become highly popular, mainly in Asian countries. On the other hand,large volumes of pirated copies have come to be produced, distributed and also infringing copyrights on the Internet in such countries, which is now a grave problem
that cannot be ignored.
To cope with this problem, JCO proactively takes the environmental improvement
to ensure the effectiveness of exercising owner’s right.
For example, the following measures are taken to help Japanese copyright owners
exercise their rights in other countries:(1) Encouraging better control in countries and areas where infringements occur
through inter-government talks.
(2) Training for government officials in countries and areas where infringements occur.
(3) Awareness raising on copyright for general consumers in countries and areas
where infringements occur.
[4] Reinforcing Education for Copyright
Having awareness and knowledge of copyrights are increasingly important today,
and the current junior and senior high school curriculum guidelines stipulate copyrights to be taught.
The Agency for Cultural Affairs holds lecture classes throughout Japan and createsand provides materials. Concerning lecture classes, the Agency holds classes for the
public, officers in charge of copyrights in each prefecture, library workers, etc. andteachers in more than 10 locations every year. In addition, with regard to materials,
specifically, the Agency for Cultural Affairs widely provides software on learning
about copyrights for pupils and students, collections of cases of guidance for teachers, video materials for university students and corporations, textbooks for beginners, and the “Naruhodo Shitsumonbako” Q&A database on copyrights etc. through― 18 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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the website of the Agency for Cultural Affairs (http://www.bunka.go.jp/seisaku/
chosakuken/seidokaisetsu/ (Japanese ver. only)).

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Ⅳ. AUTHOR’S RIGHT AND NEIGHBORINGRIGHTS IN THE JAPANESE COPYRIGHTLAW
The following diagram shows the structure of rights in the Japanese Copyright Law,
which are explained in this Chapter.

Moral Rights
Authorʼs Right
Economic Rights

Rights of Performers

Copyright

Rights of Phonogram
Producers
Neighboring Rights
Rights of Broadcasting
Organizations
Rights of Wire Diffusion
Organizations

1. Author’s Right(1) Definition/Classification of “Works” (Art.10 (1))
Works of authorship which enjoy protection under the Japanese Copyright Law are
defined in the Law as “production in which thoughts or sentiments are expressed in acreative way and which falls within the literary, scientific, artistic or musical domain”.
The Copyright Law exemplifies works to be protected as follows.

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Literary Works
Musical Works
Choreographic Works
Artistic Works
Architectural Works
Ordinary Works
Maps and Figurative Works
Cinematographic Works
Photographic Works
Computer Programs
Other Works
Translated Works

Works

Musically Arranged Works
Derivative WorksDramatized Works
Cinematized Works
Otherwise Adapte Databasesd
Works
Compilations

Collections
Databases― 21 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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Note:

1) The Copyright law excludes the following from the scope of works ofauthorship :     (a) news having the character of simple communication of facts; and     (b) programming language, rule (a special rule on how to use a programming
language in a particular program) and algorithm.
     2) The protection of “derivative works” does not prejudice the rights of authors of the original works. As the authors of the original works continue
to have all rights (except for the moral right to control “modification” )also for the derivative works, those who wish to exploit a derivative work
should obtain an authorization from both the author of the original workand the author of the derivative work.
    3) “Compilations” of works and/or data which constitute intellectual creations by reason of the selection and/or arrangement of the contents areprotected as independent works. This protection does not prejudice therights of authors of works incorporated in the compilations. Those whowish to exploit a compilation as a whole or a substantial part of it should
obtain an authorization from both all the authors of the works incorporated in the compilation and the editor (author) of the compilation.
     4) “Databases” of works and/or data which constitute intellectual creations
by reason of the selection and/or systematic construction of the contents
are protected as independent works. This protection does not prejudice
the rights of authors of works incorporated in the databases. The demarcation between compilations and databases in the Japanese Copyright
Law is “computer readability”.
     5) Works created by two or more authors the contribution of each author inwhich cannot be separately exploited are called “joint works”.
     6) The following are works which do not form the subject matter of copyright because of their nature to be widely and freely used by the public :     (a) constitution and other laws/regulations ;     (b) notifications, instructions, circular notices, etc. issued by the national or
local authorities ;     (c) judgements, decisions, orders and decrees of law courts, as well as rulings and decisions made by administrative organs in proceedings similar
to judicial ones ; and    (d) translations and compilations of the preceding three groups of items
made by the national or local authorities.
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(2) Protected Works (Art.6 - Art.9-2)
The following works are granted protection under the Copyright Law:		     (a) works of Japanese nationals (including legal persons established underJapanese laws and those which have their principal offices in Japan);     (b) works first published in Japan (including those first published abroad andpublished in Japan within thirty days of the first publication);     (c) foreigners’ works to which Japan has the obligation to grant protection
under international treaties.
(3) “Author” and “Copyright Owner” (Art.14 - Art.16)“Author” means the person who has created a work. As works are created as expressions of people’s thoughts or sentiments, an author is, in principle, a natural person.
However, the Copyright Law gives the authorship to the employers such as bodycooperates which employ the actual creators of works under the following four conditions:     (a) the work is created based on the initiative of the employer;     (b) the work is created by an employee as a part of his duties;     (c) the work has been or would be made open to the public under the nameof the employer (except for computer programs);     (d) there is no stipulation in the contract of employment, work regulation,etc.
As all “author’s rights”, viz. moral rights and economic rights, are granted automatically (without any formality) to the author when a work is created, the author is, atthe same time, the copyright owner (the owner of economic rights). However, whilemoral rights are not transferable, economic rights can be transferred from the author
to other parties. Therefore, the author of a work may be different from the owner(s)of the economic rights.
An exception to this general rule under the Copyright Law is the case of cinematographic works: economic rights in a cinematographic work automatically belong
to the maker of it (rather than the author) under some conditions.

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(4) Rights of Authors
The Copyright Law provides for the following rights without any formality.

Moral Rights
Authorʼs Right
Economic Rights(a) Moral rights
The Copyright Law provides for the following three moral rights of authors.
Right of making the work public (Art. 18)

Moral Rights

Right of determining the indication of the author’s name (Art. 19)

Right of preserving the integrity (Art. 20)

Note:1) Moral rights of authors are of exclusively personal nature, and they cannever be transferred.

    2) Acts which would infringe moral rights are prohibited even after thedeath of the author.
(b) Economic rights
The Copyright Law provides for the following economic rights of authors.

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Reproduction

Right of Repronduction (Art. 21)
Right of Transmission (Art. 23)(including all wire / wireless,digital / analogue and simultaneous/interactive transmissions to the public; also
including the act of “making
transmittable (available)”

Exclusive
RightsRight of Performance (Art. 22)(musical / theatrical works)
Right of Recitation (Art. 24)(literary works)
Right of Exhibition (Art. 25)
Communication
to the Public(originals of artistic works
and unpublished photographic works)
Right of Presentation (Art. 22-2)

Economic
RightsRight of Distribution (Art. 26)(cinematographic works;
without “exhaustion”)
Right of transfer of ownership(Art. 26-2)(international exhaustion)
Right of Lending (Art. 26-3)

Right of create Derivative Works (Art. 27)
Derivative
Works

Right of exploit Derivative Works (Art. 28)
Right to receive compensation
for private digital recording(Art. 104-2−Art. 104-10)

Remuneration Rights― 25 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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2. Neighboring Rights(1) Neighboring Rights Owners and the Scope of Protection
The Copyright Law grants neighboring rights to the following four categories ofright owners.

Performers

Phonogram Producers
Neighboring Rights Owners
Broadcasting Organizations

Wire Diffusion Organizations(a) Protected performances (Art.7)(1) performances which take place in Japan(2) performances fixed in “phonograms” under protection(3) performances transmitted by “broadcasting” or “wire diffusion” under protection(4) performances to which Japan has the obligation to grant protection under
the Rome Convention or the TRIPS Agreement(5) performances which take place in a Contracting Party to the WIPO Performances and Phonograms Treaty(b) Protected phonograms (Art.8)(1) phonograms the producers of which are Japanese nationals(2) phonograms composed of the sounds which are first fixed in Japan(3) phonograms to which Japan has the obligation to grant protection under theRome Convention, the Phonogram Convention or the TRIPS Agreement(4) phonograms the producers of which are nationals of any of the Contracting
Parties to the WPPT (“nationals” includes legal persons established under
the law of such Contracting Party and those who have their principal offices
in such Contracting Party)― 26 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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(5) phonograms composed of the sounds which were first fixed in any of theContracting Parties to the WPPT(c) Protected broadcasts (Art.9)(1) broadcasts transmitted by broadcasting organizations of Japanese nationality(2) broadcasts transmitted from transmitters situated in Japan(3) broadcasts to which Japan has the obligation to grant protection under theRome Convention or the TRIPS Agreement(d) Protected wire diffusions (Art.9-2)(1) wire diffusions transmitted by wire diffusion organizations of Japanese nationality(2) wire diffusions transmitted from transmitters situated in Japan(2) Neighboring Rights Granted by the Copyright Law
The Copyright Law provides for the following neighboring rights without any formality. The rights granted to foreign phonogram producers, etc. may differ among thecountries of origin because of different levels of protection among neighboring rights
treaties as well as the different accessions to such treaties among relevant countriesof origin.

Moral Rights

Exclusive
RightsBroadcast(Art.9)Wire
Diffusion(Art.9 (ii))

Performance(Art.7)

Phonogram(Art.8)determining theindication of theperformer’s name

⃝

−

−

−

preserving the
integrity

⃝

−

−

−

fixation

⃝

−

⃝

⃝

reproduction of
fixations

⃝

⃝

⃝

⃝

(re)broadcasting⃝(“live” only)

−

⃝

⃝

wire (re)diffusion⃝(“live” only)

−

⃝

⃝

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⃝(“live” andcommercial
phonogram)

⃝

⃝

⃝

transfer ofownership

⃝

⃝

−

−

rental by commercial phonograms(the first one year
only)

⃝

⃝

−

−

public display byenlarging TV

−

−

⃝

⃝

broadcasting orcablecasting of commercial phonograms(including
simultaneous
retransmission)

⃝

⃝

−

−

rental of commercial
phonograms (theremaining 49 years)

⃝

⃝

−

−

Remuneration simultaneous
retransmission of
Rightsthe programs which
includes live
performance by
cablecastingorganizations

⃝

⃝

−

−

simultaneous
retransmission ofregular broadcast
programs by IP
multi-cast operators

⃝

⃝

−

−

interactive transmission(“making transmittable (available)”)Exclusive
Rights

3. Term of Protection(1) Author’s Right (Art.51)
The protection of economic rights of authors begins at the creation of the work
automatically without any formality, and continues until the end of a period of seventy years following his/her death.
However, in the cases where the above rule cannot be applied, the term of protection is for seventy years following the “making public” (the first publication, performance to the public, transmission to the public, etc.) of the work. (If the work is notmade public within seventy years following its creation, the term of protection will beseventy years following its creation.)
Economic rights in the following cases continue to subsist until the end of seventy― 28 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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years following the making public of the works :(a) anonymous and pseudonymous works ;(b) works bearing the name of a body corporate.
(c) cinematographic works
The calculation of the seventy years starts from the beginning of the year following
the author’s death, the making public or the creation of the work.
In the case of periodical publications such as newspapers and magazines, the termof protection is calculated from the making public of each volume or issue. However,in the case of works which are made public in parts continually such as serial novels
in a magazine, the term of protection is calculated from the making public of the lastpart.
Some special rules are stipulated on the term of protection, e.g. for works createdby foreign nationals. Although they are rather complicated in practice, due attention
should be paid when exploiting foreign works. The term of protection of moral rights
theoretically expires when the author dies, however, acts which would infringe moral
rights are prohibited even after the death of the author.
(2) Neighboring Rights (Art.101)
The term of the protection of neighboring rights is as follows;
Performances:	seventy years from the year following the performance takes
place
Phonograms:	seventy years from the year following the first fixation of sounds
is madeBroadcasts:	fifty years from the year following the broadcast takes place(for broadcasts)
Wire Diffusions:	fifty years from the year following the wire diffusion takes place*The term of protection of neighboring rights shall expire at the end of a periodof seventy years from the year when the publishing was made or when the first
fixation of sounds was made if the publishing has not been made within a periodof seventy years following the first fixation of sounds, for phonograms.
4. Limitation on Rights
The purpose of the copyright protection system in Japan is to pursue the development of culture through ensuring the protection of rights of authors and other rightholders. However, one can find other rights/values in the society such as the development of education, art and culture, social welfare, democratic systems, etc., which are― 29 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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deeply related to public interests. Therefore, with a view to ensuring the “balance”
between copyright and other rights/values, the Copyright Law provides for limitations
on rights for limited and exceptional cases. These provisions are carefully establishedwith strict and detailed conditions so that they may not unreasonably prejudice theinterests of right owners. The following are the major examples of such limitations,and it should also be noted that when the author’s right is limited, relevant neighboring rights are usually limited, too.
(a) Reproduction for personal use (Art.30)
It is permissible to reproduce a work for the purpose of the user’s personal use.
Even if it is done personally, the following cases are not permissible.
•

reproduction for business (profit-making or non-profit-making)•reproduction by means of automatic reproducing machines for public use•reproduction
which is made by the circumvention of technological protection

measures•
reproductionof music and motion pictures has been downloaded illegal throughthe internet being aware of infringement•
reproductionof music and motion pictures has been downloaded illegal throughthe internet being aware of infringement
Also, those who make digital sound or visual recordings for the purpose of personal use should pay compensation to the copyright owners, the performers and the phonogram producers concerned, which is in advance added to the prices of digital recording equipments/media.
(b) Exploitation of Incidentally captured works (Art.30-2)
It is permissible to reproduce or adapt works in the case in which works other thanan intended target are recorded as accompaniment by means of photography or bymeans of the recording of sounds or visuals. For instance, this exception is applied tothe case in which a painting is photographed on a small scale on the background besides the originally intended target of the photography when a photo is taken. However, it is limited to the case when the works are incidentally captured because it is difficult to separate from the intended target.
Also, an incidentally captured work reproduced in the cases mentioned above may
be exploited, in any way, in connection with the exploitation of the photographic orrecorded work. For instance, posting a photo in which a painting is photographed ona small scale on the background on a blog page is included.
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(c) Exploitation a work as part of the investigation process (Art.30-3)
A person seeking to exploit a work with the authorization of its copyright owner orafter obtaining a compulsory license may exploit that work, in any way and to theextent deemed necessary, if the purpose is part of the process of investigating exploitation of that work. For instance, this exception is applied to the case in which acharacter is shown on a material of a meeting before permission is acquired from the
copyright owner in the course of the planning of the commercialization of a cartoon
character.
(d) Reproduction in and by libraries (Art.31)
It is permissible for libraries to reproduce a work for limited cases and purposes
under some strict conditions.
In addition, digitization of the materials housed in National Diet Library for the
purpose of avoiding damages will be permissible.
(e) Quotations (Art.32)
It is permissible to make quotations from a work as long as it is compatible with fair
practices.
(f) Reproduction in school textbooks authorized by the Government (Art.33)
It is permissible to reproduce a work in school textbooks authorized by the national educational authorities, however, the person who carries out such reproduction is
to announce it to the author as well as to pay compensation to the copyright owner.
(g) Reproduction for preparing of textbook in digital textbook (Art.33-2)
It is permissible to reproduce a work cited in school textbooks in digital textbooks
for learners, however, the person who carries out such reproduction is to announce itto the author as well as to pay compensation to the copyright owner.
(h) Reproduction for preparing of textbook in large print (Art.33-3)
It is permissible to reproduce textbooks in large print or by other means for visually, developmentally pupils who has difficulties in using copyrighted works on textbooks, however, the person who carries out such reproduction is to announce it to theauthor as well as to pay compensation to the copyright owner.
(i) Broadcasting or wire diffusion in school education programs complying with― 31 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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the National Curriculum Standard (Art.34)
It is permissible to broadcast or diffuse by wire a work in programs for school education consistent with the National Curriculum Standard. However, the person who
carries out such transmission is to announce it to the author as well as to pay compensation to the copyright owner.
(j) Reproduction in educational institutions (Art.35)
It is permissible for a person who is in charge of teaching and those who are taught
in a school or other educational institutions in formal or informal educational institutions for non-profit-making purpose to reproduce a work to use it in the course ofteaching, provided that such reproduction does not unreasonably prejudice the interests of the copyright owners.
It is permissible to make the public transmission of such work intended for reception by those who take lessons at the same time at a place other than that where such
lessons are given in the course of such lessons, provided that such transmission does
not unreasonably prejudice the interests of the copyright owners.
(k) Reproduction in examination questions (Art.36)
It is permissible to reproduce, or make the public transmission of a work in examination questions, however, if such examination is done for profit-making purposes,
provided that such reproduction does not unreasonably prejudice the interests of the
copyright owners. The person who carries out such reproduction or transmission is
to pay compensation to the copyright owner.
(l) Reproduction for people with visual impairments or the like (Art.37)
It is permissible to reproduce a work in Braille and transmit Braille data of a work
publicly through a personal computer network. For Braille libraries and other establishments (designated by Cabinet Order) for the promotion of the welfare of the visually disabled etc. (including physically disabled), it is permissible, solely for the purpose of renting or making automatic public transmission to the visually disabled etc.,
to make sound recordings of a work already made public or make automatic public
transmissions exploiting such sound recordings solely for the visually disabled etc..
(m) Reproduction for the hearing disabled (Art.37-2)
It is permissible for social welfare establishment for the hearing impaired designated by the Cabinet Order to make an interactive transmission of caption of voice on TV.
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Those persons, designated by Cabinet Order, who are engaged in activities relating
to the welfare of the hearing disabled way, to the extent deemed necessary in order toprovide works exclusively for the use of the hearing disabled, reproduce works thathave been provided to the public via means whereby the expression of the work is
recognized aurally, by concerting sound into written words or by any other means
necessary for the works to be used by the hearing disabled, and may also make such
reproductions together with reproductions of the sound if this is done exclusively forthe purpose of lending the reproduction to the hearing disabled.
(n) Specific acts for non-profit-making purposes (Art.38)
It is permissible to perform, recite and cinematographically present a work for
non-profit-making purposes and without charging any fees to the audience or spectators, provided that the performers or reciters concerned are not paid for such acts.
It is permissible to lend copies of a work to the public for non-profit-making purpose and without charging any fees to borrowers of such copies. However, in the caseof cinematographic works the above lending (public lending) is permissible only forthe facilities designated by the Cabinet Order, and the facilities which carries out suchlending is to pay a reasonable amount of compensation to the copyright owner.
(o) Reproduction, broadcasting, wire diffusion and public communication of articles on current topics (Art.39)
It is permissible to make use of articles published in newspapers or periodicals on
current political, economic or social topics, not having a scientific character, bymeans of reproduction in the press, broadcasting, wire diffusion, and public communication provided that such use is not prohibited by the copyright owner.
(p) Exploitation of political speeches (Art.40)
It is permissible to exploit political speeches delivered in public and speeches delivered in the course of judicial proceedings by any means.
(q) Reporting of current events (Art.41)
For the purpose of reporting current events, it is permissible to reproduce and exploit a work involved in the event or a work seen or heard in the course of the event.
(r) Reproduction for judicial, legislative and administrative proceedings (Art.42)
It is permissible to reproduce a work for the purpose of judicial proceedings and of― 33 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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internal use by legislative or administrative organs. It is be permissible to reproduce
works for submitting documents in patent examination procedure, pharmaceutical
approval procedure and so on, when it is deemed to be necessary for the procedures.
(s) Exploitation for Disclosure by the Government Organizations Information
Disclosure Law etc. (Art. 42-2)
For the purpose of offering to or making available to the purpose of a work in accordance with the provisions of the government Organizations Information Disclosure Law, it is permissible to exploit for the head of government, organizations, independent administrative organizations, etc.
(t) Reproduction for collecting internet materials and online materials under the
National Diet Library Act (Art.43)
National Diet Library may reproduce a work for collecting internet materials (thematerials published on the internet by the national government, municipal governments, independent administrative corporations, or the like) or online materials (thebooks, the serial publications, or the like provided over the internet by private publishers) to the extent deemed necessary, on the basis of National Diet Library Act.
(u) Technically necessary recordings by broadcasting organizations, etc. (Art.44)
Broadcasting organizations may make ephemeral sound or visual recordings of awork for the purpose of their own broadcasts and by the means of their own facilities
or facilities of other broadcasting organizations.
(v) Exhibition of originals of artistic or photographic works by the owners(Art.45)
The original of an artistic work or a photographic work may be publicly exhibitedby its owners or with his authorization.
(w) Exploitation of artistic works located in open places (Art.46)
It is permissible to exploit artistic works permanently located in some open placesby any means with some exceptions.
(x) Reproduction in connection with the exhibition of artistic or photographic
works (Art.47)
A person who lawfully exhibits publicly the originals of artistic works or photo― 34 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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graphic works may reproduce, show or automatically transmit such works in pamphlets or electronic devices for the purpose of explaining or introducing them to spectators.
In addition, it is permissible to provide images of the works to be exhibited over theinternet with the information on the exhibition of the works, when the originals ofartistic works or photographic works are exhibited.
(y) Reproduction of artistic work etc. for offering transfer of ownership etc.
(Art.47-2)
It is permissible to reproduce originals or copies of artistic or phonographic works,
or make public transmissions for the purpose of offering transfer of ownership or
lending.
(z) Reproduction and adaptation by the owner of a copy of a computer program(Art.47-3)
The owner of a copy of a computer program may make copies of it to the extent
deemed necessary for the purpose of exploiting that work on a computer by himself.
(aa) Exploitation of works incidental to the exploitation of works on a computer(Art.47-4)
It is permissible to exploit a work provided to be exploited on a computer, to theextent deemed necessary, in the case where a work is intended to be exploited collaterally in order to smoothly or efficiently exploit such a work on a computer or intended to be exploited to maintain the work’s exploitability on computer or recover such
exploitability.
(bb) Minor exploitation incidental to computerized data processing and the provision of the results thereof (Art.47-5)
It is permissible to exploit a work which is used together with the service to search
for a location for creating new knowledge/information by using big data (example: aservice to search for each type of information, etc. in relation to a book and to show
the cover of the book with the results and/or part of the contents), the information
analysis service (example: a service to collect a large amount of essay data to compare with the essay of the target examination to determine if there is any plagiarism,
and to show part of the location of the plagiarism in the original), and so forth.

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(cc) Exploitation by means of translation, adaptation, etc. (Art.47-6)
In cases the above exploitations, except for (o) and (p), are permitted, adaptations
such as translation are also permitted to a limited extent.

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Ⅴ. MEASURES AGAINST INFRINGEMENT
Civil and criminal remedies are provided for in the Copyright Law as well as otherrelevant legislations as follows.
1. Civil Remedies(1) General Provisions for Civil Remedies (Civil Code)(a) compensation for damages caused by unlawful acts
(2) Special Provisions for Copyright (Copyright Law)(a) presumption of the amount of damages:① the amount obtained by multiplying the number of objects so transferred or
the number of copies made of works or performances, etc. as result of reception by the public of such transmission, by the amount of profit per unit
from such sale of objects as the owner of copyright, etc. could make if there
was no such infringement, can be considered as equivalent to the amountof damages suffered by such owner② the profits obtained by the infringer is presumed to be the amount of thedamage; and③ the amount of the damage can be fixed considering party-and-party specificcircumstances(b) if the other party denies the actuality of objects which the author, the performer or the owner of copyright, right of publication or neighboring rights claimsas those constituting such infringement or those made by an act of infringement, such party shall clarify the actuality of his acts(c) system to enable the court to order the defendant to prepare and submit allnecessary information and documents in order to identify the act of infringement or the amount of the damage(d) the duty of the parties concerned to cooperate for authentication(e) recovery of honour(f) protection of the moral interests after the author’s death(g) special provisions for joint works(h) special provisions for anonymous or pseudonymous works― 37 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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2. Criminal Remedies(1) Copyright Law(a) imprisonment up to 10 years or fine up to 10 million yen, or both will be charged
to:penal sanctions against ordinary infringements (exempt reproduction for private use and exempt acts considered to be infringement (Art.113)): only upon
the complaint of the injured person(b) imprisonment up to 5 years, fine up to 5 million yen well be charged to:•

infringement of moral rights of authors and performers
importation for distribution of goods made by an act infringing copyright, right• of publication and neighboring rights, distribution or possession for distribution of them by a person who is aware of such infringement exportation orpossession for exportation of them repeatedly•

the act of using illegal copies of computer program on a computer:•providing automatic reproducing machines to the public for profit-making(c) others① fine up to 5 million yen will be charged to:•

infringement of moral rights after the author’s death② imprisonment up to 3 years or fine up to 3 million yen, or both will becharged to:transferring to the public the ownership of, and manufacture, etc. of, a de-• vice having a principal function for the circumvention of technological protection measures
removing or altering intentionally rights management information at the• work etc. which identifies such as the name of the work and the rightholder:③ imprisonment up to 1 year or fine up to 1 million yen, or both will becharged to:•

distribution of copies with false name

④ fine up to 500 thousand yen will be charged to:•violation of the compulsory indication of sources⑤ imprisonment up to 5 years or fine up to 5 million yen will be charged to:•violation against obligation to keep the secret(d) fine up to 300 million yen will be charged to the legal person in addition to theinfringer― 38 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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(2) Penal Code and other Criminal Legislations(a) general provisions on procedures, etc. (including “forfeiture”)
3. Acts Considered as Infringements (Copyright Law)(a) the importation of objects into Japan for distribution which are produced by anact which would constitute an infringement if they were produced in Japan(b) the distribution or the possession for distribution by a person who is aware of
the infringement, repeated exportation or possession of exportation of objects
produced by an act of infringement (the offer to distribute by the person who
is aware of the infringement is also included)(c) an act of using copies of a computer program on a computer in the conduct ofbusiness, which are produced by an act of infringement (so long as the user isaware of the infringement at the time when he has acquired an authority to usethem)(d) an act to remove or alter rights management information attached to the work
etc. (which identifies such as the name of the work and the rightholder)(e) an act of importing “Records distributed in foreign countries” (commercialmusical records identical to “Records distributed in Japan” and purported for
distribution solely outside Japan) into Japan for distribution in Japan, distributing them in Japan, or possessing them for the purpose of distribution in Japan by a person who is aware of such conditions, as long as such import causes damage to right owners’ profit to be gaine
4. Border Measures and other Preventive Measures(1) Border Measures (Customs Tariff Law)① goods shall not be imported which infringe copyright and neighboring rights
etc.
② goods shall not be exported which infringe copyright and neighboring rights
etc.
③ the customs authorities shall confiscate and destroy such goods, or issue anorder to reship to the importer(2) Preventive Measures
Against those who infringe or are likely to infringe moral rights, copyright, right of― 39 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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publication, or neighboring rights, the authors as well as the owners of these rights
may make a demand for cessation or prevention of such infringements.

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Ⅵ. DEVELOPMENT COOPERATIONPROGRAMSThe Japan Copyright Office (JCO) has been planning and carrying out the following
programs with a view to contributing to the development of copyright systems in developing countries as well as to strengthening regional cooperation among Asia-Pacific countries.
(1) APACE program (1993~)
This program, which is called “APACE (Asia-Pacific Copyright Systems Enhancement) Program”, started in 1993 in cooperation with WIPO, targeting Asia-Pacificcountries. The APACE Program consists of the following activities.
(a) Regional Program (1993~)
1993: in Tokyo, Japan (100 participants from 19 countries)
1994: in Phuket, Thailand (60 participants from 22 countries)
1995: in Denpasar, Indonesia (100 participants from 17 countries)
in Suva, Fiji (30 participants from 12 countries)
1996: in Chiang Mai, Thailand (60 participants from 23 countries)
1997: in Manila, Philippines (100 participants from 27 countries)
in Nuku’alofa, Tonga (30 participants from 10 countries)
1998: in Islamabad, Pakistan (70 participants from 24 countries)
in Apia, Samoa (80 participants from 13 countries)
1999: in New Delhi, India (80 participants from 21 countries)
2000: in Guangzhou, China (160 participants from 24 countries)
in Apia, Samoa (50 participants from 13 countries)
2001: in Mumbai, India (80 participants from 18 countries)
2002: in Jakarta, Indonesia (120 participants from 23 countries)
2003: in New Delhi, India (100 participants from 20 countries)
2004: in Hangzhou, China (79 participants from 15 countries)
2005: in Jakarta, Indonesia (70 participants from 16 countries)
2006: in Vientiane, Lao PDR (60 participants from 19 countries)
2007: in Kathmandu, Nepal (50 participants from 16 countries)
2009: in Hanoi, Viet Nam (50 participants from 12 countries)
2010: in Colombo, Sri Lanka (40 participants from 12 countries)― 41 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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2010: in Ulaanbaatar, Mongolia (40 participants from 15 countries)
2011: in Tokyo, Japan (20 participants from 19 countries)
2012: in Manila, Philippines (26 participants from 19 countries)
in Ho Chi Minh City, Viet Nam (26 participants from 21 countries)
2013: in Bangkok, Thailand (20 participants from 20 countries)
2014: in Tokyo, Japan (24 participants from 24 countries)
2017: in Kuala lumpur, Malaysia (10 participants from 9 countries)
in Tokyo, Japan (28 participants from 27 countries)
2019: in Thimphu, Bhutan (15 participants from 7 countries)(b) Training Program in Tokyo (1994~)
1994: 5 trainees (from China, India, Indonesia and Mongolia)
1995:	4 trainees (from the Philippines, Republic of Korea, Thailand and VietNam)
1996: 5 trainees (from Bangladesh, Malaysia, Singapore, Sri Lanka and Tonga)
1997:	8 trainees (from Bhutan, Laos, China, Indonesia, Mongolia, Nepal, Philippines and Republic of Korea)
1998:	8 trainees (from Cambodia, Fiji, India, Malaysia, Pakistan, Samoa, Thailand and Viet Nam)
1999:	12 trainees (from Bangladesh, Bhutan, Brunei Darussalam, China, India,
Indonesia, Laos, Pakistan, Papua New Guinea, Philippines, Singapore and
Sri Lanka)
2000:	14 trainees (from Cambodia, China, Fiji, India, Indonesia, Malaysia, Mongolia, Nepal, Pakistan, Philippines, Sri Lanka, Thailand, Vanuatu and VietNam)
2001:	17 trainees (from China, Fiji, India, Indonesia, Malaysia, Mongolia, Pakistan, Philippines, Samoa and Thailand)
2002:	10 trainees (from Brunei Darussalam, China, Fiji, Laos, Myanmar, Nepal,
Philippines, Thailand and Viet Nam)
2003:	12 trainees (from Brunei Darussalam, Cambodia, China, Fiji, Indonesia,
Laos, Malaysia, Myanmar, Philippines, Sri Lanka, Thailand and Viet Nam)
2004:	9 trainees (from Bhutan, Indonesia, Islamic Republic of Iran, Mongolia,
Nepal, Pakistan, Papua New Guinea, Samoa and Viet Nam)
2005:	9 trainees (from Bhutan, Cambodia, China, Mongolia, Malaysia, Sri Lanka
and Viet Nam)
2006: 9 trainees (from India, Pakistan, Philippines, Thailand and Viet Nam)
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2007:	6 trainees (from Indonesia, Malaysia, Pakistan, Philippines, Thailand andViet Nam)
2008: 10 trainees (from China, Indonesia, Philippines, Thailand and Viet Nam)
2009: 11 trainees (from China, Indonesia, Philippines, Thailand and Viet Nam)
2010: 12 trainees (from China, India, Cambodia, Philippines and Thailand)
2012: 7 trainees (from China, Indonesia, Sri Lanka and Thailand)	12 trainees (from Bangladesh, China, Malaysia, Nepal, Pakistan and VietNam)
2013:	12 trainees (from Cambodia, China, Lao PDR, Maldives, Mongolia and Myanmar)
2015:	11 trainees (from China, India, Malaysia, Philippines, Sri Lanka, and Thailand)
2015:	10 trainees (from Indonesia, Malaysia, the Philippines, Thailand and VietNam)
2016 8 officials (from China, Pakistan, Philippines and Viet Nam)2017 10 officials (from Bangladesh, Bhutan, Cambodia, Myanmar and Nepal)
2018	10 officials (from Lao PDR, Maldives, Pakistan, Solomon Islands and Thailand)(c) Experts Missions (1999~)
1999: Philippines and Viet Nam
2000: Samoa and Sri Lanka
2001: Mongolia
2002: Fiji
2003: Indonesia, Mongolia and Viet Nam
2004: Sri Lanka
2005: Sri Lanka
2007: Pakistan
2008: Sri Lanka
2018 Lao PDR, Myanmar and Solomon Islands(d) Training on Collective Management (2000~)
2000: 1 trainee (from Philippines)
2001: 4 trainees (from Indonesia and Mongolia)
2002: 10 trainees (from Fiji, Sri Lanka, Viet Nam, Bhutan, China and Philippines)
2003:	10 Trainees (from Bangladesh, Bhutan, Brunei Darussalam, Cambodia,― 43 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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Laos, Myanmar, Nepal and Viet Nam)
2004:	9 trainees (from India, Iran, Fiji, Papua New Guinea, Mongolia, Nepal and
Sri Lanka)
2005: 8 trainees (from India, Indonesia, Malaysia and Sri Lanka)
2006: 8 trainees (from Indonesia and Mongolia)
2007: 8 trainees (from China and Philippines)
2008: 8 trainees (from Cambodia and Sri Lanka)
2009: 5 trainees (from Thailand)
2010: 8 trainees (from Nepal and Viet Nam)
2011: 6 trainees (from Brunei Darussalam, Fiji and Malaysia)
2012: 6 trainees (from India, Mongolia and Sri Lanka
2013: 6 trainees (from Indonesia, Malaysia and Thailand)
2015: 8 trainees (from Bhutan, Cambodia, Lao PDR, and Myanmar)
2015: 6 trainees (from Bangladesh, Mongolia and Sri Lanka)
2016:	8 participants (from Cambodia, the Cook Islands, Lao PDR, Maldives andMyanmar)2017: 6 participants (from India, Philippines and Sri Lanka)
2018: 8 participants (from Bangladesh, Bhutan, Nepal and Viet Nam)
2019: 8 participants (from Cambodia, Malaysia, Philippines and Thailand)(e) National Seminar on Copyright and Related Rights (2000~)
2000: Nepal, Samoa and Sri Lanka
2001: Indonesia and Mongolia
2002: Fiji
2003: Mongolia and Nepal
2004: Sri Lanka and Viet Nam
2005: Mongolia and Myanmar
2006: Myanmar
2007: Cambodia and Pakistan
2008: Indonesia, Samoa, Sri Lanka, Tonga, Papua New Guinea and Viet Nam
2009: Laos
2010: Thailand, Nepal and Viet Nam
2011: Laos
2012: Indonesia and Thailand
2013: Bhutan and Brunei Darussalam
2014: Cambodia― 44 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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2015: Bangladesh
2015: Myanmar and Viet Nam
2016: Sri Lanka
2017: Mongolia(f) National Workshop for the Production of a Handbook on Copyright (2011~)
2011: Nepal
2012: Viet Nam(g) Sub-Regional Roundtable (2003~)
2003:	in Singapore, 9 Participants (from China, Fiji, Indonesia, Malaysia, Mongolia, Philippines, Thailand and Viet Nam)
2005:	in Viet Nam, 5 participants (from Bangladesh, China, India, Malaysia andPhilippines)
2006: in Sri Lanka, 6 participants (from Bhutan, India, Nepal and Pakistan)
2007:	in Bhutan, 8 participants (from Afghanistan, Brunei Darussalam, Cambodia, Laos, Myanmar, Pakistan, Samoa and Sri Lanka)
2008:	in Malaysia, 15 participants (from Bangladesh, China, India, Indonesia, Pakistan, Philippines, Republic of Korea, Singapore, Thailand and Viet Nam)
2009:	in Fiji, 16 participants (from Bangladesh, Cambodia, Cook Islands, Fiji,
Laos, Marshall Island, Federated States of Micronesia, Nauru, Nepal, Niue,
Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga and Vanuatu)
2010:	in Indonesia, 16 participants (from Bangladesh, Cambodia, India, Malaysia,
Pakistan, Philippines, Sri Lanka, Thailand and Viet Nam)
2011:	in Samoa, 40 participants (from the various government and non-government agencies as well as stakeholders)(h) WIPO-CISAC Regional Training Course on Collective Management
2004:	in Malaysia, 13 participants (from Brunei Darussalam, Cambodia, Fiji, Indonesia, Islamic Republic of Iran, Laos, Mongolia, Nepal, Papua New Guinea, Philippines, Sri Lanka, Thailand and Viet Nam)(i) Research Project
Brunei Darussalam: Study on the Economic Contribution of Copyright-Based Industries to the National Economy
Malaysia: Study on the Economic Contribution of Copyright-Based Industries to― 45 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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the National Economy
Philippines: Study on the Economic Contribution of Copyright-Based Industries
to the National Economy(2) Asian Copyright Experts Invitation Program (1996~)
This program invites each year high officials in charge of copyright from governments of Asian countries. Lecture and discussion meetings are organized, inviting
Japanese experts, to share information and learn from each other. The guests havebeen invited from the following countries.
1996: Thailand
1997: Republic of Korea
1998: Hong Kong
1999: Singapore
2000: China
2002: China
2003: China(3) Asia-Pacific Copyright and Neighboring Rights Seminar (1997~)
This program provides participating copyright experts of Asia-Pacific countries
with opportunities to exchange information and viewpoints as well as to discuss possible regional common positions and/or actions in the future. The title was changed to‘Asian Copyright Conference’ in 2010.
1997: in Yokohama (40 participants from 7 countries)
1998: in Tokyo (80 participants from 14 countries and 3 NGOs)
1999: in Tokyo (80 participants from 26 countries and 3 NGOs)
2000: in Tokyo (100 participants from 25 countries and 3 NGOs)
2001: in Tokyo (110 participants from APEC members)
2002: in Tokyo (90 participants from 25 countries and 3 NGOs)
2003: in Tokyo (90 participants from ASEAN+3 members)
2004: in Tokyo (90 participants from ASEAN+3 members)
2005: in Tokyo (100 participants from ASEAN+3 members)
2006: in Tokyo (100 participants from ASEAN+3 members)
2007: in Tokyo (80 participants from ASEAN+3 members and Mongolia)
2008: in Tokyo (90 participants from 13 countries)
2009: in Tokyo (80 participants from 9 countries)
2010: in Tokyo (110 participants from 5 countries)― 46 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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2011: in Tokyo (100 participants from 5 countries)(4) JICA Group Training Course (1999~)
This training course started in 1999 in cooperation with JICA (Japan International
Cooperation Agency), to contribute to the development of copyright systems for nonAsian countries.
1999:	7 trainees (from Chile, Colombia, Costa Rica, Kenya, Papua New Guinea,
Samoa and Zambia)
1999:	7 trainees (from Fiji, Kiribati, Palau, Palestine, Papua New Guinea(2) andTonga)
2000:	7 trainees (from Colombia, Kenya, Moldova, Papua New Guinea, Peru, Saudi
Arabia and Solomon Islands)
2001:	7 trainees (from Ghana, Kenya, Panama, Papua New Guinea, Peru, Saudi
Arabia and Vanuatu)
2002:	7 trainees (from Cambodia, China, Kenya, Malawi, Nepal, Saudi Arabia andViet Nam)
2003: 6 trainees (from Bhutan, Fiji, Indonesia, Myanmar, Panama and Zambia)
2004:	7 trainees (from China, Fiji, Ghana, Malaysia, Panama, Thailand and Zambia)
2005:	7 trainees (from China, Colombia, Indonesia, Malawi, Panama, Peru andThailand)2006:	6 trainees (from Bangladesh, China, Indonesia, Mexico, Myanmar and Panama)
2007:	6 trainees (from Chile, Indonesia, Myanmar, Philippines, St. Vincent and
the Grenadines and Thailand)
2008:	8 trainees (from China, Indonesia, Kazakhstan, Philippines, Thailand andViet Nam)
2009: 7 trainees (from China, Indonesia, Philippines, Thailand and Viet Nam)
2010: 5 trainees (from China, Indonesia, Philippines and Viet Nam)

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Ⅶ. NON-GOVERNMENTAL ORGANIZATIONS(1) Major NGOs related to Copyright and Neighboring Rights＜General＞(a) Copyright Research and Information Center (CRIC)(Harmony Tower 22F, 1-32-2, Honcho, Nakano-ku, Tokyo, 164-0012; Tel.+81-35309-2421 Fax.+81-3-5354-6435)
CRIC is a voluntary non-profit-making organization established in 1959. It is the
only organization in Japan that carries out research and information services in allareas of copyright issues, and its membership covers almost all major copyright organizations/societies in Japan such as JASRAC, GEIDANKYO, JBA, RIAJ, etc.
Its activities have been developing nationally and internationally, and the following
are the major areas and examples.
A. Conferences and Seminars- Monthly seminars on copyright and neighboring rights- Conference on Copyright for Digital Millennium (CCD)
B. International Cooperation- Organization of APACE Training Program in Tokyo
C. Publication and Information Services- “Copyright System in Japan”, “Copyright Law of Japan”, etc.
- Monthly journal: “Copyright”
D. Counseling on Copyright and Neighboring Rights(b) Japan Reproduction Rights Center (JRRC) [management business operator](Atago Toyo Building 7F, 1-3-4, Atago, Minato-ku, Tokyo 105-0002; Tel.+81-36809-1281 Fax.+81-3-6809-1283)
The JRRC is a voluntary non-profit-making organization established in 1991 in order
to conduct collective management of the right of reprographic reproduction.
At present, the members of the JRRC are “The Japan Writers’ Association (Nihon
Bungeika Kyokai)” , “Writers Guild of Japan (Nihon Kyakuhonka Renmei)”, “Japan
Writers Guild (Nihon Shinario-sakka Kyokai)”, “Japan Artists’ Association”, “Japan
Photographic Copyright Association”, “Japan Publishers Copyright Organization”,“Japan Academic Association for Copyright Clearance”, “The Copyright Council ofNewspaper Publishers”, etc. and they entrust their rights of reprographic reproduc― 48 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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tion to the Center.
＜Literary Work＞(c) The Japan Writers’ Association Nihon Bungeika Kyokai [management business operator](Shinkan 5F, Bungei-Shunju Building, 3-23, Kioi-Cho, Chiyoda-ku, Tokyo 1028559; Tel.+81-3-3265-9658 Fax.+81-3-5213-5672)
The Japan Writer’s Association is a voluntary non-profit-making organization established in 1939 by authors of literary works in order to protect copyright of their works
and to facilitate their fair exploitation. The Federation was registered with the ACA to
conduct collective management for novels and started it in 1968.
(d) Writers Guild of Japan (WGJ) Nihon Kyakuhonka Renmei [management business operator](Roppongi Denki Building 3F, 6-1-20, Roppongi, Minato-ku, Tokyo 106-0032;
Tel.+81-3-3401-2304 Fax.+81-3-3401-7255)
Writers Guild of Japan is a cooperative society established in 1966 in order to promote welfare of writers who are engaged in writing scenarios for broadcasting, films
and other audio-visual works, as well as to promote their economic positions.
This Guild is licensed to conduct collective management for dramas.
(e) Japan Writers Guild Nihon Shinario-sakka Kyokai [management business operator](Shinario Kaikan, 5-4-16, Akasaka, Minato-ku, Tokyo 107-0052; Tel.+81-3-35841901 Fax.+81-3-3584-1902)
Japan Writers Guild is a cooperative society established in 1965 in order to protect
the rights of dramatists including copyright. This Guild is licensed as to conduct collective management for dramas.
(f) Japan Book Publishers Association (JBPA)(Shuppan-Club Building 5F, 1-32, Kanda-Jimbocho, Chiyoda-ku, Tokyo, 1010051; Tel.+81-3-6273-7061 Fax.+81-03-6811-0959)
The JBPA is a voluntary non-profit-making organization established in 1965 in orderto promote cooperation among book publishers in Japan.
(g) Japan Magazine Publishers Association (JMPA)― 49 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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(Shuppan-Club Building 5F, 1-32, Kanda-Jimbocho, Chiyoda-ku, Tokyo 1010051; Tel.+81-3-3291-0775 Fax.+81-3-3293-6239)
The JMPA is a voluntary non-profit-making organization established in 1956 in order to establish magazine moral, and to rationalize and reform trade transaction.
＜Visual Work＞(h) 
The Japan Art, Photograph and Graphic Design Copyright Organization(APG-Japan)(Japan Artists’ Center Building, 3-10-19, Ginza, Chuo-ku, Tokyo 104-0061;
Tel.+81-3-3546-6555 Fax.+81-3-3546-6555)
The APG-Japan is a voluntary non-profit-making organization established in 1995 inorder to conduct collective management of copyright in the near future with respect
to art, photograph and graphic design collectively in cooperation with the following
member organizations as well as to provide copyright information concerned.
•

Japan Artists’ Association, Inc.
(Japan Artists’ Center Building, 3-10-19, Ginza, Chuo-ku, Tokyo 104-0061;
Tel.+81-3-3542-2581 Fax.+81-3-3545-8429)•

Japanese Society for Protecting Artists’ Rights (JASPAR)(BIJUTSUKA KAIKAN #604, 3-10-19, Ginza, Chuo-ku, Tokyo 104-0061; Tel.+813-6226-5951 Fax.+81-3-6226-5952)•

Japan Photographic Copyright Association (JPCA)(JCII Building 403, 25, Ichiban-cho, Chiyoda-ku, Tokyo 102-0082; Tel.+81-33221-6655 Fax.+81-3-3221-6655•

Japan Graphic Designers Association, Inc. (JAGDA)(Midtown Tower 5F, 9-7-1, Akasaka, Minato-ku, Tokyo 107-6205; Tel.+81-35770-7509 Fax.+81-3-3479-7509)(i) Directors Guild of Japan(Shibuya Goto Building 5F, 3-2, Maruyama-cho, Shibuya-ku,Tokyo 150-0044;
Tel.+81-3-3461-4411 Fax.+81-3-3461-4457)
The Directors Guild of Japan is a cooperative society established in 1936 by directors of motion pictures in order to promote welfare of its members as well as to promote their economic positions, aiming further development of motion pictures.
(j) Motion Picture Producers Association of Japan, Inc.
(Nihonbashi Building 2F, 1-17-12, Nihonbashi, Chuo-ku, Tokyo 103-0027; Tel.
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+81-3-3243-9100 Fax.+81-3-3243-9101)
The Motion Picture Producers Association of Japan is a voluntary non-profit-making organization established in 1945 in order to diffuse motion pictures and to develop
the relevant industries through research, communication, commendation, etc.
(k) Japan Association of Audiovisual Producers, Inc.
(Towa Nihonbashi Koami-cho Building 7F, 17-18, Nihonbashi-Koami-cho,
Chuo- ku, Tokyo 103-0016; Tel.+81-3-3662-0236 Fax.+81-3-3662-0238)
The Japan Association of Audiovisual Producers, Inc. is a non-profit-making organization established in 1957 in order to improve project of film produce and to research
its technics.
( l ) Japan Video Software Association (JVA)(29 Kowa Building Bekkan 2F, 2-11-24, Tsukiji, Chuo-ku, Tokyo 104-0045;
Tel.+81-3-3542-4433 Fax.+81-3-3542-2535)
The JVA is a voluntary non-profit-making organization established in 1978 in order
to diffuse video works and to develop video-related industries through research andstandard setting, etc. “Software” in its name does not mean computer programs but“works” or “contents” of videos.
<Musical/Audio Works>(m) Japanese Society for Rights of Authors, Composers and Publishers(JASRAC) [management business operator](3-6-12, Uehara, Shibuya-ku, Tokyo 151-8540; Tel.+81-3-3481-2121 Fax.+81-33481-2150)
JASRAC is a voluntary non-profit-making organization established in 1939 in orderto protect copyright of musical works and to facilitate fair exploitation of such works.
It is a musical copyright clearance organization in Japan and is registered with the
ACA to conduct collective management. Almost all Japanese musical authors andcomposers of musical works entrust their rights to JASRAC directly or through musical publishers.
JASRAC administers copyrights of foreign musical works under contracts with 129
organizations which are entrusted with performing rights in 105 countries and regions
and with 89 organizations which are entrusted with mechanical rights in 80 countries
and regions.
JASRAC is a member of CISAC (International Confederation of Societies of Au― 51 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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thors and Composers) and BIEM (International Bureau of the Music-mechanical Edition) and mutually exchanges information on the protection of copyright with othermembers of such international organizations.
(n) Music Publishers Association of Japan (MPA)(Daiwa Minamiaoyama 3F, 2-31-8, Minami-Aoyama, Minato-ku, Tokyo 1070062; Tel.+81-3-3403-9141 Fax.+81-3-3403-9140)
The MPA is a voluntary non-profit-making organization established in 1980 in orderto develop the industry of music publishing, which exploits domestic and overseas
musical works, and to develop harmony among music publishers.
(o) The Federation of Music Producers Japan (FMPJ)(Jingu-mae Wada Building 2F, 5-48-1, Jingu-mae, Shibuya-ku, Tokyo 150-0001;
Tel.+81-3-5467-6851 Fax.+81-3-5467-6852)
The Federation of Music Producers Japan is a voluntary non-profit-making organization established in 1989 in order to improve music management businesses, and to protect artists and producers as the beneficiaries of neighboring rights.
(p) Society for the Administration of Remuneration for Audio Home Recording(sarah) [designated association](Muramatsu Kyoei Kasai Building 5F, 2-2-10 Higashi Shinbashi, Minatoku,
Tel.+81-3-6453-0066 Fax.+81-3-6453-0067)
SARAH is a voluntary non-profit-making organization established in 1993 in order
to collect and distribute remuneration for digital audio home recording for the sake ofcopyright owners, performers and producers of phonograms.
This society, having been designated by the Commissioner of the ACA, exclusively
exercises the rights to compensation for digital audio home recording.
＜Computer Program＞(q) Association of Copyright for Computer Software (ACCS)(Tomonari Foresight Building 5F, 5-40-18, Otsuka, Bunkyo-ku, Tokyo 112-0012;
Tel.+81-3-5976-5175 Fax.+81-3-5976-5177)
ACCS is a voluntary non-profit-making organization established in 1991. ACCS is toprotect the rights of copyright owners of computer programs and to undertake educational activities for public awareness of copyright.

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(r) Software Information Center (SOFTIC)(Atago East Building 14F, 3-16-11, Nishi Shinbashi, Minato-ku, Tokyo 105-0003;
Tel.+81-3-3437-3071 Fax.+81-3-3437-3398)
SOFTIC is a voluntary non-profit-making organization established in 1986.
The Center is the organization designated by the Commissioner of the ACA to register computer programs pursuant to the Law on Exceptional Provisions for the Registration of Program Works. The Center accordingly registers computer programs andpromotes awareness of this registration system.
The Center is also to promote research on distribution of computer programs andon legal protection of computer programs.
＜Performance＞(s) Japan Council of Performers’ Organizations (GEIDANKYO) [designated association / management business operator](Tokyo Opera City Tower 11F, Nishi-Shinjuku, Shinjuku-ku, Tokyo 163-1466;
Tel.+81-3-5353-6600 Fax.+81-3-5353-6614)
GEIDANKYO is a voluntary non-profit-making organization established in 1967 inorder to facilitate the activities of its members organizations of performers by promoting collective activities and professional training. The basic objective of the society is to improve the economic status of performers by the betterment of their working conditions.
In conformity with the Copyright Law, GEIDANKYO, having been designated as thesole collecting society by the Commissioner of the ACA, collects secondary use feesfrom broadcasters and wire diffusers as well as the remuneration from record rental
business who offer commercial phonograms to the public by rental.
In 1993, GEIDANKYO has established Center for Performers’ Rights Administration(CPRA) as an internal system for the administration of above-mentioned rights andneighboring rights of performers.
＜Phonogram＞(t) Recording Industry Association of Japan (RIAJ) [designated association / management business operator](Kyodo Tsushin Kaikan 9F, 2-2-5, Toranomon, Minato-ku, Tokyo 105-0001;
Tel.+81-3-5575-1301 Fax.+81-3-5575-1313)
The RIAJ is a voluntary non-profit-making organization established in 1942 in orderto promote the cooperation of phonogram producing industries in Japan, and to facil― 53 ―COPYRIGHT SYSYEM IN JAPAN_4k.indd

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itate the diffusion of good phonograms and fair utilization of phonograms.
In conformity with the Copyright Law, this Association, having been designated as
the sole collecting society by the Commissioner of the ACA, collects the secondary
use fees from broadcasters and wire diffusers as well as the remuneration from record rental business who offer commercial phonograms to the public by rental.
＜Broadcasting＞(u) Japan Commercial Broadcasters Association (JBA)(Bungei-Shunju Building, 3-23, Kioi-cho, Chiyoda-ku, Tokyo 102-8577; Tel.+813-5213-7707 Fax.+81-3-5213-7715)
The JAB is a voluntary non-profit-making organization established in 1952 in orderto facilitate communications among its members (at present 207 companies) and todeal with their common problems. The Copyright Department of the society handles
copyright affairs.

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COPYRIGHT SYSTEM IN JAPAN2020 年 2 月

発発行

行 公益社団法人

著作権情報センター〒 164‒0012 東京都中野区本町 1‒32‒2
ハーモニータワー 22F
TEL：03 (5309)2421 FAX：03(5354)6435
URL https://www.cric.or.jp
印刷・製本 日本フィニッシュ株式会社(非売品)（2020. 02. 300）

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