JAPAN Law and Practice Contributed by: Takahiro Inoue, Tomohiro Kuribayashi, Yoshiyuki Takanashi and Daisuke Inaba, TMI Associates
• public performance (such as stage and musical performances); • public screening; • public transmission; • public recitation of literary works; • public exhibition of artistic or unpublished photo- graphic works; • distribution of cinematographic works by transfer or rental; • making non-cinematographic works available to the public through transfer or rental; and • translation or adaptation. They also have the right of the original author in con- nection with the exploitation of derivative works. Moral Rights Authors are granted moral rights, consisting of the rights of publication, attribution and integrity. The exploitation of a work that harms the author’s hon- our or reputation constitutes an infringement of these moral rights. Moral rights are non-assignable, non-inheritable and non-waivable; however, an author may agree not to exercise such rights. Even after the author’s death, any conduct that would have constituted an infringe- ment of moral rights had the author been alive is pro- hibited, and the author’s surviving family members may seek an injunction against such conduct. 3.5 Term of Protection and Termination Copyright protection commences upon creation and generally subsists for 70 years after the author’s death (Article 51). For anonymous or pseudonymous works, works attributed to a corporation or other organisa- tion, and cinematographic works, copyright subsists for 70 years from publication (Articles 52, 53 and 54). The Japanese Copyright Act does not recognise termi- nation or reversion rights, allowing copyright holders to grant assignments or licences of indefinite duration without any statutory right of termination or reversion. 3.6 Limitations, Exceptions and Defences The Copyright Act provides for no general fair use or fair dealing. Accordingly, unauthorised use may constitute copyright infringement unless justified by
a specific statutory copyright exceptions. The prin- cipal copyright exceptions frequently relied upon are as follows. Reproduction for Private Use (Article 30) A work may be reproduced for personal use, family use or other similarly limited purposes. However, this copyright exception does not apply in certain limited cases, such as where a person reproduces, by down- loading, content that has been illegally distributed on the internet, while being aware of its illegality. Exploitations of Incidentally Captured Works (Article 30-2) In the course of taking photography, sound or visual recording, broadcasting or similar activities, works (such as objects or sounds) that are incidentally cap- tured may be used within a reasonable scope, pro- vided that they constitute only a minor part of the resulting material, having regard to factors such as proportion in the material in which they are used and the accuracy of their reproduction therein. Quotations (Article 32, Paragraph 1) A published work may be quoted, provided that the quotation is consistent with fair practice and within a scope justified for the purpose, such as news report- ing, criticism or research. Performances for Non-Commercial Purposes (Article 38, Paragraph 1) A published work may be publicly performed, pre- sented on screen or recited if such acts are under- taken for non-commercial purposes, no fee is charged to the audience, and no remuneration is paid to the performers or reciters. Exploitation of Artistic Works on Public Display (Article 46) An artistic work permanently installed in an outdoor location, or an architectural work, may be exploited in any manner, except in certain cases, such as repro- ducing an artistic work for the purpose of selling cop- ies or offering such copies for sale. 3.7 Copyright Enforcement and Remedies Where a work is exploited without the authorisation of the copyright holder, it constitutes copyright infringe-
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