Unión Europea
Derecho de autor y derechos conexos
5. Does Article 41 of the Copyright Law allow the reproduction or exploitation of a work not actually seen or heard in the course of the event that is being reported (Article 9.1 of the TRIPS Agreement in conjunction with Article 10bis(2) Berne Convention)?
Article 41 of the Japanese Copyright Law allows reproduction and exploitation of a work seen or heard in the course of an event and of "a work implicated in the event" for the purpose of reporting current events done by such organizations as newspaper companies and broadcasting organizations. "A work implicated in the event" means a work which constitutes the event as the subject matter. For example, when a theft of a picture happens, that picture is the work "implicated in the event". Therefore, Article 41 does not allow the reproduction of works which merely relate to the event.