[Agency for Cultural Affairs] Act for Partial Amendment of the Copyright Act Adopted

On 26th May, 2021, the "Act for Partial Amendment of the Copyright Act" was adopted and passed unanimously at the plenary session of the House of Councillors. The amendments include reviews of (1) library-related rights restrictions, and (2) rights restrictions regarding broadcast programs aired simultaneously on the Internet. The outline of the amendments is as follows.

1. A review of library-related rights restrictions

  • Internet transmission of out-of-print and other materials by the National Diet Library

The National Diet Library will be able to send data on materials that are out of print or otherwise difficult to obtain for similar reasons, not only to libraries but also directly to users. Until now, data from the National Diet Library had to be viewed at a library; however, users will now be able to receive them directly.

  • E-mail transmission of library materials by individual libraries

In addition to the current photocopying service, libraries will be allowed to transmit parts of copyrighted works for research and study purposes by e-mail and so on under certain conditions, such as not interfering with the market for legitimate electronic publishing, etc. (i.e., not unfairly harming the interests of rights holders) and taking measures to prevent data leakage. In such cases, compensation will be paid to the rights holders through libraries from the user's fee.

2. A review of rights restrictions regarding broadcast programs aired simultaneously on the Internet, including catch-up and missed-program webcasts.

With regard to simultaneous distribution, television programs aired on the Internet at the same time as they are broadcast on television, the copyright procedures are different from those of television broadcasting. Television broadcasting can use some copyrighted works without permission under certain conditions. The amendment will expand this exceptional treatment to programs aired simultaneously on the Internet in the following cases.

①Programs of public interests, such as educational programs, public announcements, etc.  

②Presumption of permission provision

With respect to works or materials for which the copyright holder has signed an agreement permitting use in television broadcasting, it will be presumed that the copyright holder has also granted permission for use in simultaneous distribution, etc., unless the right holder has expressed a specific intention to do otherwise.

③Phonograms and phonorecord performances

Under the current law, prior permission is not required for the use of phonograms (commercially available music CDs, phonograms, etc.) and phonographic performances (songs and performances recorded on CDs, etc.) for the use in television broadcasts, with the condition that broadcasters are to pay secondary royalty fees afterward. This exceptional treatment will be expanded to simultaneous distribution under this amendment.  

④  Visual performances (e.g. actors' performances)

Regarding visual performances (e.g. actors’ performances), prior permission must be obtained from the performer for use in both broadcasting and simultaneous distribution, etc. However, in the case of broadcasting, if permission is obtained for the initial broadcast, a special exception is granted that no permission is required for rebroadcasting, and that the broadcaster shall pay the rights holder a fee equivalent to that paid the first time, unless otherwise provided in the contract. The amendment allows this exception to be granted to simultaneous distribution as well.

⑤ Ruling from the Agency for Cultural Affairs

In cases where it is difficult to discuss copyrights procedures for reasons such as that the rights holder is unknown, etc., it is possible to receive a ruling from the Agency for Cultural Affairs. This was previously valid only for television broadcasts, but the amendment now allows programs aired simultaneously on the Internet to use this system as well.

For more information, please visit the following website (Japanese only).

https://www.mext.go.jp/b_menu/activity/detail/2021/20210526.html

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