[KineJapan] Copyright in Japan, Again

[Mark Roberts]

On Jul 24, 2013, at 1:22 AM, Markus Nornes wrote:

> It sounds like "transformation" and fair use are built into Japanese copyright law. Anyone have a handle on that? Does Japanese law have anything like the "four factors" guiding fair use in the US? Is there a decent gloss on this?

Regarding fair use, I believe this exists in Japan, for DVD stills at least.

When I encountered this issue last year, everything pointed to article 32.1 of the Japanese copyright law (著作権法第32条), according to which academics are entitled to reproduce quotations for research purposes. Two conditions must be met: (1) the quotation must be a smaller unit than the entire text, where "smaller" means a fragment, and does not concern the size of the image; and (2) the purpose of including the quotation should serve some kind of argument or analysis. I.e., it's not just there to "look good".

I am not sure how the TPP provisions on copyright would interact with this existing law, but it sounds like it would be a new channel in which rights holders could assert their claims.

M
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