Copyright Act

It is permissible to print a work that has been made public in a textbook (meaning a textbook provided for in Article 34, paragraph (1) of the School Education Act (Act No. 26 of 1947); the same applies hereinafter in this Article and the following Article), to the extent that this is found to be necessary for the purpose of school education.

It is permissible to exploit a work that has been printed in a textbook, in any way and to the extent considered necessary, in connection with the adoption of textbooks pursuant to Article 13 of the Act on Measures for Free Provision of Textbooks, etc. for Compulsory Education Schools (Act No. 182 of 1963), publication provided for in Article 2, paragraph (2) of the Act on Temporary Measures concerning Publication of Textbooks (Act No. 132 of 1948), any other act equivalent thereto that is specified by Order of the Ministry of Education, Culture, Sports, Science and Technology, or the ordinary use of the textbook as necessary for the purpose of school education (limited to use not for profit); provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the work or the circumstances of its exploitation.

A person that prints a work in a textbook pursuant to the provisions of paragraph (1) must inform the author of this and pay compensation to the copyright owner in the amount calculated based on a method established by the Commissioner of the Agency for Cultural Affairs in consideration of the purport of the provisions of that paragraph, the nature and purpose of the work, how that work is exploited under the preceding paragraph and the circumstances of its exploitation, the ordinary rate of royalties, and other conditions.

When the Commissioner of the Agency for Cultural Affairs has established the method referred to in the preceding paragraph, the commissioner announces this using the internet or by any other appropriate method.

The provisions of the preceding paragraphs apply mutatis mutandis to the reproduction of works in textbooks intended for use in high school correspondence courses (including correspondence courses for the upper-class levels of a school for secondary education) and in the teachers' manuals for textbooks (limited to teachers' manuals published by the person publishing the textbooks), and to the exploitation of the works so reproduced.

In order to make a work printed in a textbook available for the learning purposes of children or students who have difficulty using a work printed in a textbook due to a visual impairment, developmental disorder, or other disabilities, it is permissible to reproduce the work with enlarged letters, illustrations and the like used in the relevant textbook, or by any other means necessary for those children or students to use that work.

It is permissible to exploit a work reproduced in a textbook or any other copy prepared pursuant to the provisions of the preceding paragraph (excluding a copy in which the work is reproduced in Braille, and limited to a copy in which all of or a considerable part of the work printed in the relevant textbook is reproduced; hereinafter in this paragraph and the following paragraph referred to as a "large-print textbook, etc."), in any way and to the extent considered necessary for the learning purposes of the children or students referred to in the preceding paragraph, in connection with the use of that large-print textbook, etc.; provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the work or the circumstances of its exploitation.

A person that seeks to prepare a large-print textbook, etc. must inform the person that publishes the relevant textbook of this in advance; and, if the person, for profit, distributes the large-print textbook, etc. or makes a public transmission (including, in the case of automatic public transmission, making available for transmission) of a work printed in the large-print textbook, etc., the person must pay the copyright owner of the work compensation in the amount calculated based on a method established by the Commissioner of the Agency for Cultural Affairs in proportion to the amount of compensation provided for in paragraph (3) of the preceding Article.

When the Commissioner of the Agency for Cultural Affairs has established the method referred to in the preceding paragraph, the commissioner announces this using the internet or by any other appropriate method.

A person that provides an electronic or magnetic record of a work printed in a textbook pursuant to Article 5, paragraph (1) or (2) of the Act on Promotion of Distribution of Specified Books, etc. Used as Textbooks for Disabled Children and Students (Act No. 81 of 2008) may exploit that work to the extent considered necessary for that provision.

It is permissible for a person to broadcast or cablecast a work that has been made public, in broadcast or cablecast programming for schools that conforms to the curriculum standards provided for in laws and regulations on school education; to transmit the work via area-limited specified input-type automatic public transmission (meaning specified input-type automatic public transmission made with the objective of allowing an exclusive audience within the service area that the programming is intended for (meaning a service area as provided in Article 91, paragraph (2), item (ii) of the Broadcasting Act (Act No. 132 of 1950) or, if a service area is not specified for the broadcast, meaning a broadcast area as provided in Article 14, paragraph (2), item (ii) of the Radio Act (Act No. 131 of 1950)) to receive it; the same applies hereinafter); or to transmit the work via simultaneous broadcasting (limited to simultaneous broadcasting undertaken by a broadcaster, cablecaster or simultaneous broadcasting service; the same applies in Article 38, paragraph (3), Article 39, and Article 40, paragraphs (2) and (3)); and to print such a work in teaching materials for that broadcast programming or cablecast programming, to the extent that this is found to be necessary for the purpose of school education.

A person that exploits a work pursuant to the provisions of the preceding paragraph must inform the author of this and pay the copyright owner a reasonable amount of compensation.

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.

If a work is transmitted to the public pursuant to the provision of the preceding paragraph, a person that establishes an educational institution referred to in that paragraph must pay the copyright owner a reasonable amount of compensation.

The provisions of the preceding paragraph do not apply if, in the course of the classes at an educational institution referred to in paragraph (1), the original or copies of a work that has been made public are made available or presented to persons who directly attend a class and thus exploited, or if that work is exploited through a stage performance, musical performance, on-screen presentation, or recitation for those persons pursuant to the provisions of Article 38, paragraph (1), and that work is transmitted to the public for any persons taking that class simultaneously at a place other than that where the class is being held.

It is permissible to reproduce a work that has been made public in a question on an entrance examination or other examination or in an official certification of knowledge or skills, to the extent that this is found to be necessary for such purpose, and to transmit to the public such a question (except in a broadcast or cablecast; however, it is permissible to make such a question available for transmission, if it is to be transmitted to the public via automatic public transmission; the same applies in the following paragraph); provided, however, that this does not apply if the action would unreasonably prejudice the interests of the copyright owner in light of the nature or purpose of the work or the circumstances of its transmission.

A person that, for commercial purposes, reproduces a work or transmits it to the public as referred to in the preceding paragraph must pay the copyright owner compensation in an amount that corresponds to the ordinary rate of royalties.

It is permissible to reproduce in Braille a work that has been made public.

It is permissible to use a computerized Braille processing system to record a work that has been made public onto a recording medium or transmit to the public such a work (except in a broadcast or cablecast; however, it is permissible to make the work available for transmission, if it is to be transmitted to the public via automatic public transmission; the same applies in the following paragraph).

A person set forth by Cabinet Order that engages in an undertaking related to the welfare of persons for whom it is difficult to perceive visual renderings due to a visual or other impairment (hereinafter in this paragraph and in Article 102, paragraph (3) any such person is referred to as a "person with a visual or vision-related impairment") may reproduce a work that has been made public and that is made available or presented to the public in a rendered form that is perceived visually (including a work that has been made public and that is made available or presented to the public in a form that is perceived both visually and through other senses) (including a work other than the work in question which is reproduced therein or which is made available or presented to the public in a body united with the former work; hereinafter in this paragraph and in Article 102, paragraph (3) referred to as a "visual work"), and may engage in public transmission of such a visual work by changing texts in the visual work into sounds or in any other form that is necessary to allow the visual work to be used by persons with a visual or vision-related impairment who have difficulty in using that visual work in its visual form, within the limits that are found to be necessary in order to provide the visual work for their exclusive use; provided, however, that this does not apply if the visual work has already been made available or presented to the public in such a form by the copyright owner, a person authorized thereby, a person in favor of whom the print rights set forth in Article 79 have been established, a person granted authorization for reproduction thereby, or a person granted authorization for public transmission thereby.

The person set forth by Cabinet Order for each type of exploitation set forth in the following items that engages in an undertaking related to the welfare of persons with hearing impairments and other persons whose perception of aural renderings is impaired (hereinafter in this Article and in paragraph (5) of the following Article referred to as "persons with hearing impairments, etc.") may exploit a work that has been made public and that is made available or presented to the public in a rendered form that is perceived aurally (including a work that has been made public and that is made available or presented to the public in a form that is perceived aurally and through other senses) (including a work other than the work in question which is reproduced therein, or which is made available or presented to the public in a body united with the former work; hereinafter in this Article referred to as an "aural work"), in the way set forth in the relevant item, within the limits that are found to be necessary in order to provide the aural work for exclusive use by persons with hearing impairments, etc. who have difficulty in using that aural work in its aural form; provided, however, that this does not apply if the aural work has already been made available or presented to the public in the necessary form for persons with hearing impairments, etc. to be able to use it, by the copyright owner, a person authorized thereby, a person in favor of whom the print rights set forth in Article 79 have been established, a person authorized thereby to reproduce the visual work, or a person authorized thereby to transmit the visual work to the public:

reproducing an aural work or transmitting it via automatic public transmission (this includes making it available for transmission) by changing sounds in the aural work into texts or in any other form that is necessary to allow the work to be used by persons with hearing impairments, etc.;

reproducing an aural work solely for the purpose of renting it to persons with hearing impairments, etc. (limited to when this is done in conjunction with the reproduction of the sounds in the aural work by changing the sounds into texts or in any other form that is necessary to allow the aural work to be used by persons with hearing impairments, etc.).