Unión Europea
Derecho de autor y derechos conexos
3. Does Japan require that the source and the name of the author be mentioned, in accordance with Article 9.1 of the TRIPS Agreement in conjunction with Article 10(3) Berne Convention, whenever use is made of a work in accordance with Article 35 of the Copyright Law?
When a teacher uses a work for teaching without the authorization of the copyright owner based on Article 35, he or she shall, according to Article 48(1)(3), clearly indicate the source "provided that standard practice so requires". The objective of Article 48(1)(3) is to clarify that the teacher is not required to indicate the source when it is practically impossible and this provision is clearly consistent with the provision of Article 10(3) of the Berne Convention.