Estados Unidos de América

Japón

Derecho de autor y derechos conexos

6. Please explain how the compulsory licenses for reproduction, translation and adaptation of works in school textbooks and educational broadcasting provided for through Articles 33 and 34 of the Copyright Law are consistent with the permissible scope of exceptions to protection set out in Berne Articles 9(2) and 10(2), as incorporated by TRIPS Article 9.1, and in TRIPS Article 13.

Articles 33 and 34 of the Japanese Copyright Law are not provisions of compulsory licenses but of limitations on copyright entailing the obligation of compensation. Article 33 allows reproduction of works in school textbooks; Article 34 allows broadcasting or wire diffusion of works for school education and reproduction of works in textbooks for such programmes. These acts can be done under the strict condition: "only to the extent deemed necessary for the purpose of school education". Also, in order to provide the authors with chances to exercise their moral rights the user shall announce the use to the author. In addition, the user shall pay compensation to the copyright owner. These provisions have been carefully established and applied under strict interpretation in conformity with Articles 9(2) and 10(2) of the Berne Convention and Article 13 of the TRIPS Agreement.