The Ministry of Internal Affairs and Communications (MIC) published the Draft Guidelines for the Interpretation and Operation of the Rules for the Presumption of Permission for Simultaneous Broadcast Distribution on 13 July 2021. Accordingly, it started soliciting opinions about the drafted Guidelines.

The Copyright Act was revised on 26 May 2021, as the Diet passed the  "Act for Partial Revision of the Copyright Act, etc." (Act No. 52 of 2021). The revised Copyright Act established a new provision on the licensing of simultaneous distribution of broadcasts in Article 63, paragraph 5. It provides that when the right holder of a work authorizes the broadcasting company to use the work in broadcasting and unless the right holder expresses their intention to the contrary, the right holder is presumed to have licensed the use of the work in simultaneous broadcast distribution, etc. (SBD).

This provision is based on the awareness that it is complicated for broadcasters to negotiate in detail with different right holders on the conditions of use, etc., of a large number of diverse works used in broadcast programs within a limited time before broadcasting. And that this is a burden in the rights processing for SBD. Therefore, this provision will enable one-stop processing regarding rights for broadcasting and rights for SBD and is expected to facilitate the smooth SBD implementation.

However, right holders have expressed concern that this provision may force them to conclude contracts under unfavorable conditions. Therefore, since concrete rules are necessary for this provision to function effectively, MIC has prepared these guidelines.

These guidelines provide specific explanations of the conditions and precautions required of broadcasters, how to express the rights holder's intentions, and what to do when the rights holder can prove that the work is not licensed.

For more information, please visit the following websites (in Japanese only) https://www.soumu.go.jp/menu_news/s-news/01ryutsu04_02000168.html