consist of two parts: "Author's Rights" and "Neighbouring Rights". As such, "copyright" is a convenient collective term rather than a single concept in Japan. Japan was a party to the original Berne convention in 1899, so its copyright law is in sync with most international regulations. The 1899 law protected copyrighted works for 30 years after the author's death. Law changes promulgated in 1970 extended the duration to 50 years (or 50 years after publication for unknown authors and corporations). However, in 2004 Japan further extended the copyright term to 70 years for cinematographic works; for films released before 1971, the copyright term also spans 38 years after the director's death.
At the end of 2018, as a result of the Trans-Pacific Partnership negotiations and a requirement stemming from the EU–Japan Economic Partnership Agreement, the 70 year term was applied to all works. This new term was not applied retroactively; works that had entered the public domain between 1999 and 29 December 2018 (inclusive) due to expiration remained in the public domain.
English translation The definitive version of Japanese law regarding copyright exists only in Japanese text. An official English-language translation of the law does not exist, but the Japanese Ministry of Justice has a website called "Japanese Law Translation"Japanese Law Translation where one can search for Japanese laws and their unofficial English translation. IP laws such as Patent Act, Copyright Act, Trademark Act, Design Act and Unfair Competition Prevention Act are included there.
Reliable information on Japanese copyright law in English is also provided by the websites of Intellectual Property High Court,Intellectual Property High Court in English "Transparency of Japanese Law Project",Japanese Copyright Law and Japanese Patent Law in English European Patent Office, and Copyright Research and Information Center (CRIC).Copyright Research and Information Center (CRIC) For more details, see "External links" at the bottom of this page.
Author's rights
Applicability Japanese copyright law protects all works "in which thoughts or sentiments are expressed in a creative way, and which falls within the literary, scientific, artistic or musical domain." The laws automatically provide the following rights, without the need for formal declaration or registration.
Moral rights Divulgence: The author can choose when and how a work will be made available to the public. Authorship: The author can choose how their authorship is represented in the work (e.g., under pseudonym or anonymity). Integrity: The author can control the modification of a work.
"Moral rights" (人格権 jinkaku-ken) are non-transferable; they remain with the author until they expire. Although moral rights themselves cannot be waived, the exercise of moral rights is waived by contract, when, for example, an employee or contractor creates a derivative work of their employer's or principal's product. In such a situation, the moral rights would technically remain with the creator, but the creator would be potentially liable for breach of contract if they attempt to exercise those rights.
Economic rights Reproduction: The author can control the reproduction of a work, including photography, recording, and downloading. Communication: The author can control how a work is to be transmitted, communicated, broadcast, performed, exhibited, etc., including how copies of the work are to be distributed. Adaptation: The author can control the adaptation of a work through translation, dramatization, cinematization, and the creation of derivative works in general.
Unlike moral rights, economic rights can be freely transferred or relinquished. If the author transfers their economic rights to another, the holder of the economic rights becomes the "copyright holder", but the author retains authorship.
Neighboring rights
"Neighboring rights" (隣接権 rinsetsu-ken) refer to the rights of performers, broadcasters, and other individuals who do not author works, but play an important role in communicating them to the public.
Performers' rights Performers generally have two non-transferable moral rights: Authorship, or control over how they are named in connection with the work; and Integrity, or control over the alteration of a performance, in a manner that would prejudice the performer's reputation.
Live performers have the transferable economic rights of fixation (control over recording), making available (control over publication in interactive media such as the internet), and diffusion (control over diffusion by wire or broadcast).
Fixed aural performers have the transferable economic rights of fixation and making available, as well as transfer of ownership, and rental. They can also demand remuneration if their work is broadcast or diffused by wire.
Phonogram producers' rights Phonogram producers have the same economic rights as fixed aural performers, but do not have any moral rights.
Broadcasters' and wire diffusers' rights Broadcasters and wire diffusers have the transferable economic rights of fixation, reproduction, making available, and retransmission. Television broadcasters also have a right to control photography of their broadcasts.
Limitations and exceptions
Artistic works
Artistic works permanently installed in public places can be reproduced freely by photograph, film, etc. However, except for architecture, the author's permission must be obtained before publicly exhibiting their work, and commercial reproductions of artistic works are not permitted without the author's permission.
Educational use Teachers at non-profit educational institutions are permitted to reproduce copyrighted works for the purpose of teaching, as long as such reproduction does not infringe on the interests of the author. For example, a teacher may duplicate a television program or audio recording, but may not distribute copies of educational software without express permission. Works can also be reproduced in examinations at educational institutions, but the author must be remunerated if the exam is performed for-profit.
News Unless a newspaper or wire service article specifically states that it cannot be reproduced, free reproduction is permitted. Normally, copyrighted materials can also be reproduced to the extent necessary for reporting of current events (this extends to printed matter, film, and photographs).
Non-profit performance Works can be performed or exhibited freely if the performer is not remunerated, and the audience is not charged an admission fee.
Political speeches Political speeches and government proceedings can be freely reproduced, except when the intent of the reproduction is to create an anthology of the author's works.
Publication for the blind Braille and audio versions of printed materials may be reproduced for the purpose of lending, but not for commercial use.
Quotation Works may be quoted freely, as long as the quotation does not exceed what is justified for its purpose.
Software Software can be reproduced for personal use. If one of the above exceptions to reproduce a work publicly is used, the person reproducing the work must cite its source.
In 2009, Japanese copyright law was updated to allow the following digitally focused limitations and exceptions.
Copying by search engines Copying on servers of in-copyright works in order to provide search engine–type services.
Orphan works The use of an orphan work, an in-copyright work whose owner cannot be found, on the internet, subject to approval from the Japanese Ministry of Culture.
Use of artistic works on the internet Reflecting the popularity of online auction websites like eBay, the use of an image of an in-copyright work, on the internet when advertising something for sale.
Text and data mining The analysis of in-copyright works using computers (Art.47 septies) in order to extract statistics and information, and come up with new ideas. Japan was the first country in the world to introduce an exception for text mining as well as data mining in 2009.
Temporary copying Caching, storing, copying etc.
Shinkokuzai
Uses of copyrighted material that are not otherwise sanctioned by the copyright owner or by statute may be categorized as shinkokuzai (), meaning that they cannot be prosecuted unless the copyright owner complains. Former Prime Minister Shinzo Abe affirmed that doujinshi, self-published manga often based on existing works, "don't compete in the market with the original works and don't damage the original creators' profits, so they are shinkokuzai."
Public domain Even when particular materials are said to be "in the public domain" there can be some use restrictions. In such cases, the term copyright-free is sometimes used instead. Many pre-1955 Japanese and non-Japanese films are considered to be in the public domain in Japan. An author's work may be put into the public domain 70 years after the individual dies, unless the publisher re-publishes the work.
Length of protection Works authored by an individual, under their own name or a known pseudonym, are protected for 70 years following the individual's death. Works authored anonymously or pseudonymously, as well as works authored by corporations, where the individual author or authors are unknown, are protected for 70 years following publication. Prior term lengths were set at 30 years until 6 May 1970 and 50 years until 30 December 2018.
Cinematographic works are protected for 70 years following publication (or 70 years following creation if unpublished).Copyright Law of Japan, Article 54, http://www.cric.or.jp/cric_e/clj/clj.html This update was made in 2004 to be more consistent with some other nations, notably the United States and most of Europe, as the previous term was fifty years.
In 2006, following a lawsuit from Paramount Pictures, the Tokyo District Court said that the 2004 law cannot be applied retroactively, so that all cinematographic works published (or created, if unpublished) before 1953 are now public domain. Paramount Pictures: Japanese Court Rules Pre-1953 Movies in Public Domain.
In 2007, following a lawsuit from Toho over the rights to Akira Kurosawa's films, the Tokyo District Court appended that for films released in 1970 or earlier, copyright protection is extended until 38 years after the original copyright holder's (i.e. the director's) death, thus bringing hundreds of public domain films back into copyright. As Kurosawa died in 1998, his copyrights are expected to expire at the end of 2036 or 2068.Intellectual Property High Court rules Kurosawa still under copyright
Neighboring rights apply for 70 years after the work is performed, transmitted, or put on sale.
Works authored by, or transferred to, residents of countries which were Allied Powers in World War II, before the effectuation of the San Francisco Peace Treaty, are given some prolonged protection by an exemption law. This extension compensates for the unprotected period in World War II, and varies with the country of the author or the copyright holder in the wartime. For copyrights before December 8, 1941, the prolongation is normally 3,794 days (including Australia, Canada, France, United Kingdom, and the United States), but some countries ratified later, and have longer wartime (the longest is 4,413 days for Lebanon). For works published between December 8, 1941 to the date when the San Francisco Peace Treaty became effective, the prolongation is the number of days between the publication of the work and when the San Francisco Peace Treaty became effective for the country.
Recent developments
Compensation system for digital private recording