Article 67 of the Japanese Copyright Law stipulates that the person who wishes to exploit a work which has already been made public but the copyright owner of which cannot be found may lawfully exploit the works under the authorization by a compulsory license issued by the Commissioner of the Agency for Cultural Affairs and upon depositing compensation, the amount of which is fixed by the Commissioner. Article 67 also stipulates that the copies reproduced in such a way must bear an indication to the effect that the reproduction of these copies has been licensed by the Commissioner.
Article 68 stipulates that a broadcasting organization may broadcast a work already made public under the authorization by a compulsory license issued by the Commissioner of the Agency for Cultural Affairs and upon paying compensation to the copyright owner, the amount of which is fixed by the Commissioner, provided that the organization cannot reach an agreement in respect of authorization to broadcast the work with the copyright owner through the negotiation.
As to Article 67, the condition set out in the Article, which reads "provided that, after due diligence, the copyright owner cannot be found for the reason that he is unknown or for other reasons" is interpreted strictly; for example, when applying for an exploitation based on Article 67, the applicant should submit a document to clarify that he or she could not contact the copyright owner although he or she has made every possible effort. Through the past ten years, only two cases have been accepted based on this provision.
As to Article 68, this system has never been used so far.
