Japan does not have a “fair use” doctrine such as is employed by the United States regarding using copyrighted materials for nonprofit, educational purposes. However, its Copyright Act has been revised and its new provisions are going into effect in stages from this year (October 2020/January 2021/April 2021).[2,3] This includes an allowance for online classes to utilize copyrighted materials (as is already permitted–with payment–in regular class settings), originally set to go into effect from April 2021, kind of like “fair use” in the United States.[3]
However, COVID-19 (novel coronavirus) has pushed the government in that direction early. On April 10 the government announced it has chosen to implement the planned allowance from April 28, 2020.[1] In addition, for this academic year only, the government will financially cover the usage fees normally taken for said use of copyrighted materials in online classes.[3] So though this is “fair use” of materials without express permission from copyright holders, payment would normally be expected.
Japanese schools have been very slow compared to those in some countries to try online classes, but the COVID-19 threat (which led to the early closure of most public schools in March and delays until at the earliest May in many places) has pushed many to rethink it. Some schools have finally begun putting classes online, and the government’s measure is perhaps a way to smooth the transition.
Though the early revision to the Copyright Act gives some hope for a clearer fair use doctrine in Japan, the news is hardly a full approval of free fair use such as in the United States. We will need to see how much “fair use”-like polices remain or grow post-COVID-19.
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Contact: Taro Yaguchi, Keisen Associates
Sources
[1] Kyodo News. “ネット授業、著作権者許可不要に 28日から、政令を閣議決定 [Online classes no longer to require copyright permission; Cabinet decides to implement from the 28th].” goo News. https://news.goo.ne.jp/article/kyodo_nor/nation/kyodo_nor-2020041001001606.html. April 10, 2020. Accessed April 14, 2020.
[2] Ministry of Education, Culture, Sports, Science and Technology (MEXT). “著作権法及びプログラムの著作物に係る登録の特例に 関する法律の一部を改正する法律案の概要 [Summary of proposed partial revision to Copyright Act and regulations for registration of copyrighted programs]”
https://www.mext.go.jp/b_menu/houan/an/detail/mext_00001.html. No date. Accessed April 14, 2020.
[3] ________. “授業目的公衆送信補償金制度の早期施行について [Concerning early implementation of financial support system for education purpose public broadcasting].” No date. Accessed April 14, 2020.
Also, for an earlier report, Okubo (大久保昂). “オンライン授業でも著作物利用可能に 文化庁、新型コロナで改正著作権法前倒しへ [Becoming possible to use copyrighted materials in online classes; Agency for Cultural Affairs pushing change ahead of act revision due to novel coronavirus].” https://mainichi.jp/articles/20200406/k00/00m/040/186000c. Published April 6, 2020, revised April 7, 2020. Accessed April 14, 2020.
