We are surrounded by many copyrighted works, which are protected by the Copyright Act. However, although the Copyright Act is a law that relates to everyday matters, it is often not well known or misunderstood.
Article 35 of the Copyright Act was amended in 2018, and there were significant changes to the content regarding limitations on rights through classroom use at educational institutions. The change meant that greater opportunities to use different materials could be accepted by paying compensation. However, the law is written in wording that can be applied to many different situations, and there are aspects of the law that are difficult to read and understand.
Therefore, after this amendment, copyright owners and educational institutions cooperated to create guidelines for Article 35. The guidelines are called "Guidelines for Article 35 under the Amended Copyright Act", and are posted on the website of a management organization called SARTRAS (Society for the Administration of Remuneration for Public Transmission for School Lessons).
This material tries to further explain the Guidelines in an easy-to-understand manner. It was written primarily for teachers who teach classes at educational institutions. We hope that this material will be useful for teachers to deepen their understanding of the basics of copyright, what they can and cannot do, and what they need to be mindful of when handling copyrighted works in the classroom.
The Japanese Copyright Act applies to the use of copyrighted work in Japan, even for use by foreign nationals. Unlike "fair use" in the U.S., the Japanese Copyright Act provides for limitations and exceptions to copyright in specific situations in individual Articles. Specifically, Article 30 limits reproduction rights for private small-scale use, Article 32 limits copyrights for citation, and Article 35 limits reproduction and public transmission rights in educational institutions. These Articles describe in detail the specific situations and requirements under which a copyright is limited. Therefore, you need to understand these Articles accurately and apply them appropriately. In particular, when using the Articles in educational institutions, please make sure to check the contents of the Articles carefully and use them appropriately.
Dr. Konaka
Dr. Daiin
Dr. Sumiki