Limitations on rights when dealing with copyrighted works in the classroom
Article 35 of the Copyright Act provides for limitations on rights when dealing with copyrighted works in the course of classes. It allows the use of other people's copyrighted works without the permission of the copyright owner, although only to a limited extent, for materials that you wish to share with students in a class.
It is important to be aware that you cannot do everything, but what you can do and the scope of what you can do are "limited". They are written in the text of the Copyright Act, and the Guidelines for Article 35 under the Amended Copyright Act attempt to summarize them in more concrete terms.
Such material, we simply call the Guidelines. The Guidelines are explained in detail in "Section 04: Guidelines for Article 35 under the Amended Copyright Act".
The Article reads as follows.
Article 35 (Reproduction in Schools and Other Educational Institutions; Related Matters)
(1)A person in charge of teaching or a person taking classes at a school or other educational institution (except one founded for commercial purposes) may reproduce a work that has been made public or transmit that work to the public (including making that work available for transmission, if it is to be transmitted to the public via automatic public transmission; hereinafter the same applies in this Article), or publicly communicate a work that has been made public and is transmitted to the public through a receiver to the extent that is found to be necessary if the purpose of doing so is exploitation in the course of those classes; provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature and purpose of the work, the number of copies that would be made, and the circumstances of its reproduction, public transmission, or transmission.
I don't know what you're talking about! Impossible! I'm already confused ...
The sentences in brackets are long and it's hard to tell where they are connected ...
It is difficult because it is a legal expression. For those of you who find it difficult, we have the Guidelines for Article 35 under the Amended Copyright Act. In this material, the contents of the Guidelines will be explained in an easier-to-understand manner.
It's got the word "amended" in it, but what does it mean?
I need to explain the background behind the creation of the Guidelines.
Amended Article 35 in 2018
The Copyright Act is often amended, and in 2018 there was a major amendment to Article 35 and the sections related to it [former Article 35 and amended Article 35]. Specifically, a compensation system was introduced.
Under the former Article 35, third-party copyrighted works were handled in the classroom as follows.
What could be done without a license or free of charge for teaching purposes?
-
Reproduction
- Reproduction for classroom use and distribution of reproductions in the classroom.
-
Public transmission in remote joint classes, etc.
- A class in which it is assumed that at least the teacher and students are present at the main site and the students are present at a remote secondary site, and the class is simultaneously relayed to a remote site using a teleconferencing system, etc＊1.
Memo ＊1
Ryo Shimanami, Tatsuhiro Ueno, and Hisayoshi Yokoyama, Copyright Law in Japan, 3rd ed., Yuhikaku, 2021, p. 198.
When permission was needed.
-
Public transmissions other than public transmissions in remote joint classes, etc.
- Public transmissions outside of class hours and public transmissions for on-demand classes
- Public transmissions of simultaneous broadcasts but without students present at the site of the faculty member teaching the class (studio-type classes)
- Public communication such as projecting the screen of a website onto a screen with a projector.
Under the amended Article 35, public transmission for teaching and the aforementioned public transmission may be conducted without permission if compensation is paid. The table below summarizes what can now be done for each type of class, as shown in the "Permission for Public Transmission".
What complicates matters is that compensation is not required for all public transmissions. Among public transmissions, so-called remote joint classes, etc., can be used without compensation and a license (Article 35(3)).
This is because the use that could be made free of charge before the 2018 amended Copyright Act will continue to be made free of charge, leaving use that can be made free of charge for public transmission after the amendment＊2.
| Type of class | Where students participate in class | Distribution of learning materials‡ | Public communication | Public transmission of mataerials | Public transmission of classes | ||
|---|---|---|---|---|---|---|---|
| In classroom | In classroom | in class time | out of class time | Live | Archived | ||
| Traditional classes | Classroom | ◎ | ○† | ○ | ○ | - | ○ |
| Remote join classes | Classroom | ◎ | ○† | ○ | ○ | - | ○ |
| Remote | - | - | ◎ | ○ | ◎ | ○ | |
| Studio classes | Remote | - | - | ○ | ○ | ○ | ○ |
| On-demand classes | - | - | - | - | ○ | - | ○ |
◎: Since the former Article 35, it is allowed without permission and without compensation.
○: Under the amended Article 35, it is allowed without permision and with compensation.
†: No compensation required.
‡: Distribution via printouts, USB memory stick, AirDrop, or other closed communication within the classroom.
Memo ＊2
The terms "public transmission" and "public communication" are explained in "Section 04 What is Copyright?". The definitions of terms and specific examples in the Guidelines are explained in "Section 04: Guidelines for Article 35 of the Amended Copyright Act" below.
The Agency for Cultural Affairs＊3, states that this material uses the term "remote joint classes, etc." because "remote joint classes" includes two types of classes. The term "remote joint classes, etc." includes "simultaneous relay joint classes" and "simultaneous relay remote classes".
The difference is whether or not there is a faculty member at the secondary site. In other words, a "simultaneous relay joint class" is a type of class in which multiple venues, each with faculty members and students, are connected in a manner that allows two-way communication. In contrast, a "simultaneous relay remote class" is a type of class in which a class being held in a classroom at the main venue with faculty and students is streamed in real-time, and the students can take the class alone at a secondary venue such as their homes [Classification of Remote Class Types].
Point
Paying compensation has increased the number of situations in which public transmissions can take place without permission!
Memo ＊3
Guidelines, p. 25.
Compensation should be paid to the copyright owners of copyrighted works that have been publicly transmitted, but it is practically impossible for teachers and students in the field to find the copyright owners and pay them directly. Therefore, a management organization was created to collect the compensation, which is then paid to the organization and distributed to the copyright owners. This system is called the "Compensation System for Public Transmission for Educational Purposes". The collective payment of compensation is also made by the educational institution's establishment, so there is no need for each teacher to pay it (Article 104-11). The establisher is the city for a municipal elementary school, the prefecture for a prefectural high school, or a national university corporation or school corporation for a university.
The organization that collects, manages, and distributes this compensation is called SARTRAS (Society for the Administration of Remuneration for Public Transmission for School Lessons)＊4.
Memo ＊4
SARTRAShttps://sartras.or.jp/en/
When you collect money from all over the country like that, what will it be used for?
Please do not be angry. We are sure that you will write a paper or book, and if your work is used in a public transmission in class, the money will be distributed to you from the compensation collected＊5.
What? Can I get money?
That's right. So, when the time comes, you will be contacted so please take the necessary steps.
What the heck, I'll just have to do it then.
Memo ＊5
SARTRAS distribution page: https://sartras.or.jp/bunpai/
When Article 35 was amended, a meeting was set up to bring together the rights owners and the educational institutions to discuss how Article 35 should be implemented. This is called the "Forum of Those Related about Educational Use of Works" ("Forum")＊6.
As explained in "Chapter 1, Section 01 What is the Copyright Act?", it is difficult to find a balance between the protection of rights and fair exploitation, so it was decided that a common understanding should be determined by sharing opinions between the parties.
Legal experts also participate as members and provide advice on legal perspectives.
Memo ＊6
Forum of Those Related about Educational Use of Works: https://forum.sartras.or.jp/
