INDEX

Copyright -- Problems and Experiences at and of NACSIS

Eisuke NAITO 1)
Professor, NACSIS, Tokyo

1) 2-1-2 Hitotsubashi, Chiyoda-ku, Tokyo 101-8430, Japan; Fax: +81-3-3556-1916; E-mail: naito@rd.nacsis.ac.jp; URL: http:// www.nacsis. ac.jp Opinions are of author's not those of individuals and institutions cited. The paper was delivered at the International Workshop "Information Transfer - as an instrument for trade opportunity in the international arena", Berlin, November 1-7, 1999, Foreign Relations Office, Deutsches Bibliotheksinstitut (DBI/BA).

Introduction
1 Copyright Legislation in Japan
　1.1 International legislation
　1.2 Early Japanese Legislation
　1.3 Current Copyright Law of Japan (1971)
　1.4 Recent Amendments
　1.5 Copyright Administration
　1.6 Limitation on Rights
2 NACSIS: Japanese State-Owned National Information Utility
　2.1 Establishment, Organisation
　2.2 Developments
　2.3 NACSIS to National Institute for informatics
3 Copyright at NACSIS
　3.1 Categories of Copyright Subjects at NACSIS
　3.2 Contract of the NACSIS Electronic Library Services
　3.3 Copyright Charges of the NACSIS Electronic Library Services
4 Issues
　4.1 General Understanding of Uploading by Library
　4.2 Copyright Contract

Abstract:
Japanese copyright legislation since 1869 is reviewed. Respect to moral rights of authors is much valued in Japan than the economic rights of the work. Information technology and business opportunity push the awareness of economic rights of the work forward. Activity of a Japanese information utility, NACSIS, is introduced as a case study of copyright issue of databases. Copyright contract of NACSIS, of Electronic Journal Article, is introduced as an early model of copyright contract together with factors of copyright charges. Copyright issues to library services are also introduced in the case of Japan.

Introduction

Copyright is composed of Moral rights and Economic (Property) rights by definition of the Copyright Law of Japan (1971). Moral right has been respected in Japan more than economic rights. In other words, in Japan, awareness of authors (copyright holders) tended more to the moral rights than the economic (property) rights. However, technological evolution especially in the field of information technology as well as business opportunity pushes the economic rights forward. International trade is also focusing on the economic rights. Here exist gaps, which can be seen as a cultural gap.

Copyright of multimedia, with ability of complete copy, with ease via interactive transmission, is current focus of copyright settlement in Japan. Pioneering model of copyright solution in electronic library services is shown in the case of NACSIS Electronic Library Services. Copyright contract is made between a service provider (NACSIS) and academic societies (copyright holders). Registered users can subscribe electronic journals through plug-in software that can display and print but no down-loading, with copyright charges.

Moral rights of authors has been much valued in Japan together with a general attitude of academia not being particular about economical evaluation of their work. By IT revolution and international competition among academia, this culture may be changed.

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1 Copyright Legislation in Japan

1.1 International legislation
International copyright legislation started in 1886 in international scale by the Berne Convention 2). Development of copyright legislation has been on-going more than one hundred years in chase of technological and international trade development.

The Japanese Government has reacted to these international conventions under various factors arisen in and outside the country. In 1899, thirteen years later, the Government acceded to the Berne Convention. For other international conventions, the Government acceded to the Universal Copyright Convention in 1956 with the priority to the Berne Convention; to the Rome Convention in 1989; to the Geneva (Phonogram) Convention in 1978; and TRIPS Agreement in 1994.

With the WIPO development, Japan has considerably contributed not only in terms of national legislation but also in terms of international and regional development such as Annual Regional Symposium.3)4)5)6)7)

2) "The 4 Copyright Conventions - Berne, UCC, Rome and Geneva". The Copyright Licensing Agency (CLA), London, 1992. 73 p., ISBN: 0 9520049 0 9.
3) Kaoru OKAMOTO. Trends In Copyright: Neighboring Rights Protection: Review of the Developments and Technological / Political Movements. Proceedings of the 2nd East Asia Copyright and Neighboring Rights Seminar (Tokyo Seminar), Tokyo, 10-12 March 1998. pp. 41-58.
4) Kaoru OKAMOTO. Technological Changes and the Development Of Copyright and Neighboring Rights Protection: Case of Japan. Proceedings of WIPO Regional Symposium on Copyright and the TRIPS Agreement for Asian and Pacific Countries, Islamabad, December 9 to 11, 1998. 13 p.
5) Kaoru OKAMOTO. The Role of Copyright and Neighboring Rights in Cultural and Economic Development: An Overview and the Experience of Japan. Proceedings of WIPO Sub-Regional Seminar on the Role of Intellectual Property in Cultural and Economic Development for South Pacific Countries, Apia, September 23 to 25, 1998. 12 p.
6) Kaoru OKAMOTO. Issues and Mechanism concerning Enforcement from the Point of View of the Private Sector (Theme Viii). Proceedings of WIPO Asian Regional Symposium on the Enforcement of Intellectual Property Rights under the TRIPS Agreement. Hong Kong, June 1 to 3, 1998, 4 p.
7) Kaoru OKAMOTO. Copyright and Neighboring Rights Protection: the National Experience of Japan - Development of Copyright Protection in Japan. Proceedings of WIPO Asian Regional Congress on Copyright and Neighboring Rights. Chiang Mai, Thailand, November 18 to 20, 1996, 15 p.

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1.2 Early Japanese Legislation 8)
The Publishing Ordinance, enacted in 1869, was the first law in Japan to protect copyright and to regulate publishing (publishers). The copyright portion of the Publishing Ordinance made independent in 1887 to be the Copyright Ordinance. This Ordinance of 1887 is believed to be the first copyright law in Japan.

In 1899 Japan acceded to the Berne Convention, that led to reform the Copyright Ordinance (1887) into the Copyright Law in the same year. Thence, in 1899, Japan established international consistency in copyright protection.

Since 1899 of its enactment, several amendments were made to the Copyright Law such as architectural work (1910), protection of musical performances (1920); expansion of moral rights, and rights of broadcasting (1931); right of publication (1934). These amendments were made in accordance with international development of copyright protection of the Berne convention.

8) Japanese Copyright Office (JCO) ed. "COPYRIGHT SYSTEM IN JAPAN" 1998 Edition (revised). published by Copyright Research and Information Canter (CRIC), Japan. (in English).

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1.3 Current Copyright Law of Japan (1971)
Revision works were made to the Berne Convention such as in Brussels (1948), in Stockholm (1967) and in Paris (1971). The Japanese Government established the Copyright System Council in 1962 in the Agency of Cultural Affairs (ACA). The Council submitted a report to the Government in 1966, which became the new Copyright Law of 1971. 9)

The current Copyright Law has a few characteristics:

The current Copyright Law has various revisions reflecting international developments and establishments of new conventions. The list below shows the year of revision of the Japanese Copyright legislation (year in the bracket shows the years of sources).

9) op. cit.

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1.4 Recent Amendments
In the last two decades, with the advent of technology such as photocopying, as well as computer, networks, the copyright protection expanded its scope that are exemplified in the Rome Convention (1961), the Geneva Convention (1971), WTO/TRIPS Agreement (1995) and WIPO developments.

Japanese Copyright Law has been amended intensively to keep consistency to these legislative development as well as technological advancement of both creation of works and use of them. Such topics are Databases, Interactive transmission, Digital private recording, etc.

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1.5 Copyright Administration
Copyright protection is administered by the Government 10). The Japanese Copyright Office (JCO) is within the Agency for Cultural Affairs (ACA) that is a part of the Ministry of Education, Science, Sports and Culture 11).

Ministry of Education, Science, Sports and Culture

Non-governmental organisations (NGOs) are being designated by the Commissioner of ACA for collective administration of copyright clearance based on the Law on Intermediary Business concerning Copyright of 1939. Some NGOs are licensed by the Commissioner and the others are not, but carry our collective administration (See Annex 1).

Information technology (digital contents, multimedia, interactive transmission, etc.) has dramatic effects over protection of copyright and extension of ways of use the works. Government, copyright holders, NGO for collective administration, and users, and perhaps industries (IT, broadcasting, telecommunications, multimedia, etc.) are all involved in copyright development.

10) Industrial property rights are administered by the Japan Patent Office (JPO), Ministry of International Trade and Industry (MITI).
11) http://www.monbu.go.jp

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1.6 Limitation on Rights
Provision is made in the Copyright Law for the limitation of rights to keep balance between of the copyrights holders and of the users for pursuing development of culture. Sub-section 5 includes Article 30 to Article 50 that specify the limitation of rights, and nineteen examples are listed in Annex 2 "Limitation of Rights".

"Reproduction for private use" is defined in Article 30, and "Reproduction in Libraries, etc." in Article 31 (See Annex 3) 12).

There is an understanding that the reproduction in library is (1) of the library holdings, (2) by staff of the library, and (3) by using devices of the library. This understanding created tremendous disputes. The condition (1) denotes the book loaned from other library is not the library material of the library. The condition (2) prohibits the users to reproduce by themselves. The condition (3) prohibits the use of devices that are not of the library. Interlibrary loan services (ILL) particularly falls into this dispute especially in terms of "library materials" of its holding / possession.

12) "Copyright Law" (Law No. 48, May 6, 1970). translated and edited by Fukio NAKANE. Eibun-Hourei-Sha, Inc., 1971, 87 p. (EHS Law Bulletin Series)

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2 NACSIS: Japanese State-Owned National Information Utility 13)

2.1 Establishment, Organisation
In October 1973, a proposal was made to achieve an "improvement of a distribution systems for science information" in the Third Report of the Science Council. This proposal was entitled "Basic Policies for the Promotion of Science". Research Center for Library and Information Science (RCLIS) was established in May 1976 within the University of Tokyo.

During 1980-83 "A Study on the Development of the National Center for Science Information Systems" was carried out by the Ministry of Education. Based on the study, the Center for Bibliographic Information (CBI), the University of Tokyo, was established in Apr. 1983 as a joint education and development facility within the University. (An online cataloging system was developed at the Center.)

The National Center for Science Information Systems (NACSIS) was established in Apr. 1986 as a national inter-university research institute, and the Center for Bibliographic Information, the University of Tokyo was abolished 14).

NACSIS, under the Director General, is composed of four Departments and one office. There are 134 staff, including 48 research staff and 8 visiting research posts, as of April 1999, and the budget is 10,627 million-yen (or 10 billion-yen) for FY 1999.

13) This part is largely based on my paper " NACSIS: Japanese State-Owned National Information Utility ", 1st Regional Workshop on S&T Information Activities in South East Asia, 22 (Tue) - 23 (Wed) June 1999, Kuala Lumpur
14) http://www.nacsis.ac.jp/brief/system-e.html

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2.2 Developments
Activities of NACSIS, based on both RCLIS (1976-1983) and CBI (1983-1986), have been developed since its initiation:

The telecommunication network serves for universities and higher education and research institutions. The network is one of the major Internet channel for university community at large. It is also linked with commercial network for academic users to provide Internet access. NACSIS bears its cost and there is no charge for network use. Facilities such as ATM switch, routers are provided by NACSIS. International links are to USA, Europe and Thailand. China link is under proposal for FY 2000.

Online shared cataloguing is one of the basic tools for knowledge sharing. Started in 1984 by the CBI, the predesessor of NACSIS, and after 14 years, the current status is listed below. The quantity is achieved by cooperation among university libraries. Quality control has been one of the focuses of development. Authority control and tight link between author data and bibliographic data were introduced since the very beginning. Bibliographic level, e.g. Series entry and its component volumes, is also controlled. Checking for bibliographic entities, labour as well as knowledge intensive work is carried out at NACSIS and several thousand pairs are detected to be duplication or mis-linking and other failures.

Through the WEBCAT, the national union catalogue of 5 million bibliographic records or 40 million holding data is accessible from all over the world. Still, the browser / user needs Japanese character/language environment to reproduce the set at her/his monitor because there are much information recorded in Japanese script.

ILL, a heaven-sent child of the shared cataloguing, has been in operation since April 1992. Charging scheme is based on the government regulation, created cumbersome procedure. It was partly simplified among national universities, but not yet for most of private university libraries and for oversea requesters.

Database access (NACSIS-IR: Information Retrieval) is also one of the major tasks of NACSIS to provide information access among university researchers. NACSIS offers three types of databases: imported, deposited and house-made. The charging scheme is set to nominal for meeting the financial conditions of academic researchers. It could be less than one fourth of commercial IR services. Charging method is basically the same as that of ILL; thence the problems are the same.

New developments such as the Electronic Journal, Online Journal Editing Systems are the efforts to get nearer to the source of recorded knowledge, or to the point of origin of the recorded knowledge. These services/systems offer opportunity of network publishing for university community and academic societies, thence the earliest possible opportunity for potential user of knowledge.

The Internet or WWW is now going to be one of the basic channels of communication for academia. However, academic societies, most of them, are small and financially weak, technologically slow. NACSIS offers free WWW space for academic societies and professional associations for more than 300.

The Physical Society of Japan
http://wwwsoc.nacsis.ac.jp/jps/index-j.html
Japan Society of Library and Information Science
http://wwwsoc.nacsis.ac.jp/jslis/index.html
Japan Library Association
http://wwwsoc.nacsis.ac.jp/jla/index.htm
Nippon Association for Librarianship (NAL)
http://wwwsoc.nacsis.ac.jp/nal/
Bigger academic societies and professional associations maintain their own WWW but keep their link at
http://wwwsoc.nacsis.ac.jp/.
Information Processing Society of Japan
http://www.ipsj.or.jp/index_e.html

Online Journal Editing System is under development in close contact with JST, a twin development project. It is a project to develop a system for editing and producing scholarly journals electronically, and to develop and to operate a system for publishing them on-line.

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2.3 NACSIS to National Institute for informatics
Currently NACSIS proposes to the Ministry of Education to transform itself to be so-called National Institute of Informatics.

The idea is based on the recommendation to the Prime Minister by the Science Council presented in 1997. Also, a new premises, near to the Palace, is under construction and NACSIS shall move to the new address by February 2000.

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3 Copyright at NACSIS

3.1 Categories of Copyright Subjects at NACSIS
According to the services offered by NACSIS, the following categories of databases are the subject of copyright.

  1. Bibilographic records (NACSIS-CAT)
  2. Index and Abstract databases (NACSIS-IR)
  3. Scanned images of scholarly journals (NACSIS-ELS)

Bibliographic records are created through a shared cataloguing system that was started in early 1980s. Index and abstract databases are purchased from external sources such as ISI, deposited by researchers or academic societies, and created by NACSIS. These types of databases (1 and 2 above) are looked as traditional types with little attention of copyright. Union Catalogue Databases are accessed through network as well as published either in paper print or CD-ROMs.

Traditional view to the union catalog does not include copyright concept. But with millions of registration of holdings, hundreds of participating libraries, together with growing awareness of copyright among them, it may be a time to re-establish the idea of copyright of cooperative creation of union catalogues.

Scanned images of scholarly journals (item 3 above) are provided as NACSIS Electronic Library Services (NACSIS-ELS). Users have to register and down load a proper plug-in software to subscribe electronic journal articles. Plug-in software, prepared for workstation and PCs, allows user to display and print pages (400 dpi), but do not allow to down load images. The plug-in software inhibits users from down loading. This is one solution of copyright protection of scanned images.

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3.2 Contracts of the NACSIS Electronic Library Services
The NACSIS Electronic Library Services was officially started in April 1997 after six years of research and development since 1991. The volume of database is described in Section 2.2. Contract is made between an academic society who offers their scholarly journals and NACSIS for providing their journal articles in the NACSIS Electronic Library Services. Elements included in the contract are:

Elements of an issue are as follows. Prices of each elements are set for print and display; for member of the society and for non-member.

In the contract, the academic society is the copyright owner and holder. Each society settles down the copyright arrangement between authors and the society.

In this manner, copyrights of the source data as well as copyright arrangement including copyright contract are established. This exercise becomes a step stone of copyrights handling at NACSIS.

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3.3 Copyright Charges of the NACSIS Electronic Library Services
There is no standard price range in the NACSIS Electronic Library Services. Variety of charges is developed society by society. A society charges only for non-member, and every element is 25 yen per page for print and free for display but print of bibliography is 200 yen. Another society offers free-use but charges non-member 20 yen per page for body of an article. Unit prices ranges from free, 2, 10, 20, 40, 60, 100, 200 yen per page. It is too early to figure out the standard price range, but some patterns are already forming:

A charging mechanism is that NACSIS issues a summary of copyright charges to each user at a pre-determined cycle and informs to a third-party organisation, to whom users pay. The organisation shall transfer the amount of the copyright charges to the academic society concerned.

Credit cards, or E-payment, is not yet devised since NACSIS is under the Government regulation that does not allow the use of credit cards yet. All other government defrayment and / or procurement is the same that credit cards are not yet accepted by regulation.

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4 Issues

4.1 General Understanding of Copyright for Uploading by Library
There are two relationships between libraries and works in digital forms and on networks. One is to make works into digital forms and upload to networks. The other is that libraries are to use digital works or works on networks for servicing to library users 15).

In the case of digitalisation of works and uploading, library should get permission of reproduction rights and public broadcasting rights from the owner, and library should pay copyright fees when requested.

In the case of use of works in digital forms and on networks, e.g. providing copying services, library can offer the services as that of paper copying under the current Japanese Copyright Law (Art. 31). Packaged records such as CD-ROMs, CDs, LDs, when in the possession of library, can be treated as "library holding", and the library can offer copying services.

The Copyright Law does not differentiate "media", but concerns only copyrights of the works, and a provision is made for personal use under the Article 30. However, works on networks are not the holding of the library, therefore, the library shall not make a copy (print out).

The Article 31 of the Copyright Law is devoted to clarify library services and copyrights. Pressures to amend the law for limiting the scope of library services in terms of the economic rights has been increasing every time the amendment of the Law is discussed. Library associations are against this move in favour of keeping balance between of the copyrights holders and of the users for pursuing development of culture.

15) MAESONO, Shukei. ["Works in Digital Forms and on Networks and Libraries"] lecture delivered at Yushodo Forum '99, Tokyo International Forum, October 14, 1999. (in Japanese).

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4.2 Copyright Contract
In case of new development such as NACSIS-ELS (and NACSIS-OLJ), copyrights are well recognised by the concerned parties such as academic society (i.e., publisher, copyright holder, or copyright owner) who represents authors, NACSIS who provides the service, and the users. Copyright contract is established to run the system. The new development shall follow this model.

As indicated in Section 3.1, the early development did not pay much attention to copyrights of databases, partly because the elements of databases were assumed to be non-copyright items at the time of development, partly because of voluntary nature of contribution and participation, and partly because of idealistic nature of the aims and purpose of the databases. More than 15 years of cumulation, and great many participating libraries to the union catalog database, it is apparent that the quantity (mass) of the database changed its quality as well as its social value. It may be necessary to re-establish the copyright concept of it.

Apart from the basic and strong respect to moral rights of the work, the economic rights are gaining attention. Academic societies, though majority of them are small in membership, weak in financial capability, are now in the process of recognising economic rights of their publication which are largely produced or processed via information technology. Mechanisms of copyright charges and defrayment shall be installed according to copyright contract for works in digital form.

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Acknowledgement
Author wishes to acknowledge Mr. Kaoru OKAMOTO, and Mr. Makoto KAWASE, Ministry of Education; Mr. Kunio SEKI, Kagawa University: Miss Mika KOSHIZUKA, Ass. Professor, Gakushuin Women's College; Mr. Shukei MAESONO, Professor, AOYAMA Gakuin Women's College; Mr. Kiyoshi FUNATOGAWA, NACSIS for their limiteless assistance and advises.

Annex 1: Non-Governmental Organizations and Collective Administration

Motion Picture Producers Association of Japan 1945 (Tokyu Ginza Building 3F, 2-15-2 Ginza, Chuo-ku, Tokyo 104-0061; Tel. + 81-3-3547-1800 Fax. + 81-3-3547-0909)
The Japan Copyright Council 1950 (Shiseikaikan Building, 1-3, Hibiyakoen, Chiyoda-ku, Tokyo 100-0012; Tel. + 81-3-3501-3271 Fax. + 81-3-3501-3289)
National Association of Commercial Broadcasters in Japan (NAB) 1952 (Bungei-Shunju Building, 3-23, Kioi-cho, Chiyoda-ku, Tokyo 102-0094;Tel.+81-3-5213-7707 Fax.+81-3-5213-7715)
Japan Magazine Publishers Association (JMPA) 1956 (7-1 Kanda-Surugadai, Chiyoda-ku, Tokyo 101-0062; Tel.+81-3-3291-0775 Fax. + 81-3-3293-6239)
Japan Association of Cultural Film Producers 1957 (Shichokaku Bldg., 1-17-1 Toranomon, Minato-ku, Tokyo 105-0001; Tel. + 81-3-3501-0236 Fax. + 81-3-3501-0238)
Copyright Research and Information Center (CRIC) 1959 (Tokyo Opera City Tower 11F, 3-20-2, Nishi-shinjuku, Shinjuku-ku, Tokyo 163-1411; Tel. + 81-3-5353-6921 Fax. + 81-3-5353-6920)
Japan Book Publishers Association (JBPA) 1965 (6, Fukuro-Cho, Shinjuku-ku, Tokyo 162-0828; Tel.+81-3-3268-1301 Fax. + 81-3-3268-1196)
Nihon Shinario-sakka Kyokai (Writers Guild of Japan) 1965 (Shinario Kaikan, 5-4-16, Akasaka, Minato-ku, Tokyo 107-0052; Tel. + 81-3-3584-1901 Fax. + 81-3-3584-1902)
Nihon Kyakuhonka Renmei (Writers Guild of Japan) 1966 (Toshikane-Building 4F, 6-5-17, Roppongi, Minato-ku, Tokyo 106-0032; Tel. + 81-3-3401-2304 Fax. + 81-3-3401-7255)
Japan Council of Performers' Organizations (GEIDANKYO) 1967 (Tokyo Opera City Tower 11F, 3-20-2, Nishi-Shinjuku, Shinjuku-ku, Tokyo 163-1466; Tel. + 81-3-5353-6600 Fax.+ 81-3-5353-6614)
Japan Video Software Association (JVA) 1978 (3F, 26 Tsukiji-MF Building, 2-12-10, Tsukiji, Chno-ku, Tokyo 104-0045; Tel. + 81-3-3542-4433 Fax. + 81-3-3542-2535)
Music Publishers Association of Japan (MPA) 1980 (Dame Aoyama 4F, 2-27-25, Minami Aoyama, Minato-ku, Tokyo 107-0062; Tel. + 81-3-3403-9141 Fax. + 81-3-3403-9140)
Software Information Center (SOFTIC) 1986 (Toto Building 4F, 5-1-4, Toranomon, Minato-ku, Tokyo 105-0001; Tel.+ 81-3-3437-3071 Fax.+ 81-3-3437-3398)
Federation of Music Producers Japan (FMP) 1989 (Jingu-mae Wada Building 2F, 5-48-1, Jingu-mae, Shibuya-ku, Tokyo 150-0001; Tel. + 81-3-5467-6851 Fax. + 81-3-5467-6852)
Association of Copyright for Computer Software (ACCS) 1991 (Tomonari Foresight Building 5F, 5-40-18, Otsuka, Bunkyo-ku, Tokyo 112-0012; Tel. +81-3-5976-5175 Fax. +81-3-5976-5177)
Japan Reprographic Rights Center (JRRC) 1991 (Daiichi Aoyama Building 3F, 3-3-7, Kita Aoyama, Minato-ku, Tokyo 107-0061; Tel. + 81-3-3401-2382 Fax. + 81-3-3401-2386)
Society for the Admlnlstratlon of Remuneration for Audio Home Recording (SARAH) 1993 (Tokyo Opera City Tower 11F, 3-20-2, Nishi-Shinjuku, Shinjuku-ku, Tokyo 163-1411; Tel. + 81-3-5353-0336 Fax. +81-3-5353-0337)
All Japan Federation of Copyrights for Photographers 1995 (JCII Building 3F, 25, Ichiban-cho, Chiyoda-ku, Tokyo 102-0082; Tel. + 81-3-3265-7451 Fax. + 81-3-3265-7460)
Japan Artists' Association 1995 (Japan Artists' Center Building, 3-10-19, Ginza, Chuo-ku, Tokyo 104-0061; Tel. + 81-3-3542-2581 Fax. + 81-3-3545-8429)
Japan Graphic Designers Association (JAGDA) 1995 (JAGDA Building, 2-27-14, Jingu-mae, Shibuya-ku, Tokyo 150-0044;Tel. + 81-3-3404-2557 Fax. + 81-3-3404-2554)
The Japan Art, Photograph and Graphic Design Copyright Organization (APG-Japan) 1995 (Japan Artists' Center Building, 3-10-19, Ginza, Chuo-ku, Tokyo 104-0061; Tel. + 81-3-3546-6555 Fax. +81-3-3546-6555)
Shozoken / Paburishitiken Yogo Kanshi Kikou (Organizations for Protection and Observation on Right of Likeness/Publicity) (c/o Mori General Law Office, NKK Bldg., 1-1-2 Marunouchi, Chiyoda-ku, Tokyo 100-0005; Tel.+81-3-5223-7717 Fax.+81-3-5223-7617)
Source: "COPYRIGHT SYSTEM IN JAPAN" 1998 Edition

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Annex 2: Limitation of Rights (Source: "COPYRIGHT SYSTEM IN JAPAN" 1998 Edition)
(a) Reproduction for personal use
(b) Reproduction in and by libraries
(c) Quotations
(d) Reproduction in school textbooks authorized by the Government
(e) Broadcasting or wire diffusion in school education programs complying with the National Curriculum Standard
(f) Reproduction in educational institutions
(g) Reproduction in examination questions
(h) Reproduction in Braille and sound recording for the blind
(i) Specific acts for non-profit-making purposes
(j) Reproduction, broadcasting, wire diffusion and public communication of articles on current topics
(k) Exploitation of political speeches
(l) Reporting of current events
(m) Reproduction for judicial, legislative and administrative proceedings
(n) Exploitation by means of translation, adaptation, etc.
(o) Technically necessary recordings by broadcasting organizations, etc.
(p) Exhibition of originals of artistic or photographic works by the owners
(q) Exploitation of artistic works located in open places
(r) Reproduction in pamphlets for exhibitions of artistic or photographic works
(s) Reproduction and adaptation by the owner of a copy of a computer program

Annex 3: Article 30 and Article 31 of the Japanese Copyright Law (1971)
(Reproduction for private use)
Article 30.
A work forming the subject matter of copyright (hereafter referred to simply to as a "work" in this Subsection) may be reproduced by a user for the purpose of his personal use, family use, or other use similar hereto within a limited area, except when it is reproduced by an automatic copying machine (meaning a machine having reproduction function as to which all or main devices are automatic) placed for the use of the public.
(Reproduction in Libraries, etc.)
Article 31.
In libraries or other establishments as prescribed by Cabinet Order (hereafter referred to as "libraries, etc." in this Article) which provide books, records or other materials for the use of the public, it shall be permissible to reproduce a work by use of books, records or other materials of the libraries, etc. (hereafter referred to as "library materials" in this Article) as a non-profit-making business in the following cases:
(1) Where at the request of a user of libraries, etc., he is furnished with one copy for the reproduced part of a work made public (in the case of an individual work which appeared in a periodical for a considerable period of time after its publication, the whole of the work) for the purpose of his investigation or research;
(2) Where the reproduction is necessary for the purpose of preserving library materials;
(3) Where at the request of other libraries, etc., the libraries, etc. furnish copies of library materials which are hardly available for the public because they are out of print or other similar reasons.

Source: "Copyright Law" (Law No. 48, May 6, 1970). translated and edited by Fukio NAKANE. Eibun-Hourei-Sha, Inc., 1971, 87 p. (EHS Law Bulletin Series)

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