Unión Europea
Derecho de autor y derechos conexos
4. Does Article 41 of the Copyright Law permit the free use of works in relation to current events by whatever means of communication to the public, including forms which are not explicitly listed in Article 9.1 of the TRIPS Agreement in conjunction with Article 10bis(2) Berne Convention?
Article 41 of the Japanese Copyright Law is to limit the copyright of a work in the use for the purpose of reporting current events done by such organizations as newspaper companies and broadcasting organizations. In such cases, the work can be used by means of photography, cinematography and broadcasting as well as such "other means" as newspaper articles and wire diffusion. However, they are allowed only "to the extent justified by the informatory purpose", and, therefore, this provision is not to allow such uses unlimitedly.