School Education Act

A textbook provided for in Article 34, paragraph (1) of the School Education Act prior to the amendment by the provisions of Article 1 (hereinafter referred to in this Article as the "Former School Education Act") (including as applied mutatis mutandis pursuant to Article 49, Article 49-8, Article 62, Article 70, paragraph (1) and Article 82 of the Former School Education Act) (referred to in the following paragraph as "textbooks") that actually exists at the time this Act comes into effect is deemed to be a textbook provided for in Article 34, paragraph (1) of the School Education Act as amended by the provisions of Article 1 (referred to in the following paragraph and paragraph (6) as a "textbook").

With regard to the use of teaching materials that are electronic or magnetic records (meaning a record used in computerized information processing which is created in electronic form, magnetic form, or any other form that cannot be perceived by human senses) of the contents of a textbook deemed to be a textbook pursuant to the provisions of the preceding paragraph (hereinafter referred to in this Article as a "specified textbook"), the provisions of Article 34, paragraphs (2) and (3) of the Former School Education Act (including cases where those provisions are applied mutatis mutandis pursuant to Article 49, Article 49-8, Article 62, Article 70, paragraph (1) and Article 82 of the Former School Education Act; the same applies hereinafter in this paragraph and the following paragraph) remain in force. In this case, the phrase "textbooks provided in the preceding paragraph (referred to below as "textbooks" in this Article)" in Article 34, paragraph (2) of the Former School Education Act is deemed to be replaced with "specified textbooks provided for in Article 2, paragraph (2) of the Supplementary Provisions of the Act Partially Amending the School Education Act, etc. (Act No. 37 of 2026) (referred to below as "specified textbooks" in the following paragraph)", "that paragraph" with "Article 34, paragraph (1) as amended by the provisions of Article 1 of the Act Partially Amending the School Education Act, etc.", and "in place of the textbooks" with "in place of the textbooks provided for in that paragraph (referred to below as a "textbook" in the following paragraph)"; and in Article 34, paragraph (3) of the Former School Education Act, "using textbooks" is deemed to be replaced with "using a textbook", "used in textbooks" with "used in specified textbooks", and "in place of the textbooks" with "in place of the textbook".

With regard to the printing of a work that is the subject of a copyright and has been printed in a specified textbook (including a broadcast or cablecast that is the subject of a neighboring right; referred to as a "work" in paragraph (5)) in teaching materials provided for in Article 34, paragraph (2) of the Former School Education Act as applied with replacement of terms as remaining in force pursuant to the provisions of the preceding paragraph (hereinafter referred to in this Article as "alternative teaching materials for textbooks"), and the exploitation of that work accompanying the use of the alternative teaching materials for textbooks, the provisions of Article 33-2, paragraph (1) of the Copyright Act prior to the amendment by the provisions of Article 6 (hereinafter referred to in this Article as the "Former Copyright Act") (including as applied mutatis mutandis pursuant to Article 86, paragraphs (1) and (3) and Article 102, paragraph (1) of the Former Copyright Act; the same applies hereinafter in this Article) remain in force. In this case, in Article 33-2, paragraph (1) of the Former Copyright Act, the phrase "that has been printed in a textbook" is deemed to be replaced with "that has been printed in a specified textbook provided for in Article 2, paragraph (2) of the Supplementary Provisions of the Act Partially Amending the School Education Act, etc. (Act No. 37 of 2026)", the phrase "alternative teaching materials for textbooks (meaning teaching materials provided for in Article 34, paragraph (2) of the School Education Act that may be used in place of textbooks pursuant to Article 34, paragraph (2) or (3) of that Act (including cases where those provisions are applied mutatis mutandis pursuant to Article 49, Article 49-8, Article 62, Article 70, paragraph (1) and Article 82 of that Act; hereinafter the same applies in this paragraph); hereinafter the same applies in this paragraph and the following paragraph)" with "alternative teaching materials for textbooks provided for in Article 2, paragraph (3) of the Supplementary Provisions of the Act Partially Amending the School Education Act, etc.", and the phrase "the use of the alternative teaching materials for textbooks" with "the use of the relevant alternative teaching materials for textbooks in place of the textbooks provided for in Article 34, paragraph (1) of the School Education Act as amended by the provisions of Article 1 of the Act Partially Amending the School Education Act, etc.".

With regard to the notification to the person that publishes a specified textbook, pertaining to the printing of a work in alternative teaching materials for textbooks pursuant to the provisions of Article 33-2, paragraph (1) of the Former Copyright Act that remain in force pursuant to the provisions of paragraph (3), and the payment of compensation to the copyright owner (or, where a broadcast or cablecast is exploited, the owner of neighboring rights), the provisions then in force continue to govern.

With regard to teaching materials for subjects that become textbooks on or before March 31, 2028 (limited to those authorized by the Minister of Education, Culture, Sports, Science and Technology), the provisions of paragraph (2) through the preceding paragraph apply by deeming them to be specified textbooks.

With regard to the application of penal provisions to acts committed before this Act comes into effect, the provisions then in force continue to govern.