Revision of the Copyright Law
The Revision of the Japanese Copyright Law became effective on January 1, 2010. Some of the new provisions introduced by the revision are as follows:
1. A provision limiting copyrights under certain conditions with regard to the copies, etc. made by companies providing search tools when such copies, etc. is within the range necessary for providing services
2. A provision limiting rights for posting images of artworks, etc. in internet retailing
3. A provision limiting copyrights of information analysis using computers, etc.
The United States Copyright Law has the Fair Use doctrine which limits copyrights based on four elements. Japan does not have this doctrine and instead has many restrictive provisions limiting copyrights in accordance with specific types. With the growth of internet technologies, the law must be revised frequently. In determining copyright infringement in Japan, it is important to be aware of not only legal precedents but also the numerous restrictive provisions and revisions of the copyright law.
As the internet technologies are growing rapidly, it is becoming extremely difficult to revise the law in a timely manner. In view of this difficulty, the implementation of a Fair Use doctrine was considered in the process of formulating the current revision. Although there were many that supported the idea, it did not occur. However, the doctrine may be implemented in the near future.