Duty LXD-2005
Reuses other publishers' content, in Japan
Copyright Act, quotation exceptionsince 3 lines
Copyright Act, Act No. 48 of 1970, Art. 32 · Read the law's page
- You may quote and thereby exploit a work that has already been made public, without the rights holder's authorization, where the quotation is consistent with fair practice and stays within a scope justified for news reporting, critique, research or another purpose for which the work is quoted (Article 32(1)).
- Do not rely on a fixed word or length threshold for a headline or short extract of third-party journalism: this is the general ground on which it could be justified, and the standard is fair practice.
- Keep within that scope: a quotation exceeding it is copyright infringement, and Article 119(1) provides criminal penalties.
Copyright Act, Right of Reproduction, Right to Transmit to the Public, Right to Demand an Injunction and penaltiessince 7 lines
Copyright Act, Act No. 48 of 1970, Arts. 21, 23, 112 and 119 · Read the law's page
- Get the author's permission before you reproduce a work, meaning its physical replication through printing, photography, copying, the recording of sound or visuals, or in any other way: the author has the exclusive right to reproduce it (Art. 21; Art. 2(1)(xv)).
- Get the author's permission before you transmit a work to the public, which includes making it available for transmission where it is to be transmitted to the public via automatic public transmission (Art. 23(1)).
- Treat putting data on an automatic public transmission server connected to a public telecommunications network, or connecting to such a network a server that already holds the data, as making a work available for transmission (Art. 2(1)(ix)-5).
- Stop an infringement and avoid acts likely to infringe: the right holder may file a claim for the cessation or prevention of infringement, and may demand the destruction of objects that give rise to or are made through an infringement, machines or tools used solely for an infringement, and other measures necessary to stop or prevent it (Art. 112(1) and (2)).
- Do not make available or present to the public a computer program facilitating the exploitation of an infringing work, meaning one found to be deliberately leading the public to an infringing work when providing a transmitter identification code, or found to be used mainly for the exploitation of an infringing work by the public; a person that merely provided the opportunity to do so on a website that includes a considerable number of other websites or programs is excluded unless it has for a considerable time and without reasonable grounds failed to comply with the copyright owner's requests to delete the infringing transmitter identification codes (Art. 113(2)(ii); Art. 119(2)(v)).
- Do not aid another person's commission of a copyright offence: the Penal Code treats a person who aids the principal offender as an accessory, and applies its general provisions to crimes punished under other laws unless those laws provide otherwise (Penal Code Art. 62(1) and Art. 8).
- Check the limitations of copyrights in Articles 30 through 50 before relying on any use without the author's permission.