[MIC] Publication of the Guidelines for the Interpretation and Operation of the Presumptive Provisions of Licensing of Simultaneous Broadcast Distribution
On 25 August 2021, the Ministry of Internal Affairs and Communications (MIC) published the Guidelines on the Interpretation and Operation of the Presumption of Licensing Provisions for Simultaneous Broadcast Distribution, etc.
Under Article 63(5) of the Copyright Act amended in June 2021, when a right holder of work agrees with a broadcaster that meets the requirements such as being in the business of simultaneous distribution of broadcasts, etc., 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. (Effective on January 1, 2022)
The MIC prepared these guidelines for the interpretation and operation of these provisions to ensure stable operation among the parties concerned.
The structure of these Guidelines is as follows.
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I. Aims and objectives of the Guidelines II. Basic matters concerning the granting of licenses for simultaneous distribution of broadcasts, etc. III. Conditions for the presumption of licensing 1．Conditions required of broadcasters and matters to be noted 2．The nature of a separate declaration of intent on the part of rights holders IV. Measures to be taken in cases where it can be proved that a license has not been granted V. Others (matters to be noted) |
For more information, please visit the website below. https://www.bunka.go.jp/seisaku/bunkashingikai/kondankaito/kyodaku/93341101.html
