Union européenne

Japon

Droit d'auteur et droits connexes

[Follow-up question] In light of the answer given to question No. 12, it is our understanding that Japanese Law does not grant broadcasting organizations the right to prohibit the communication to the public of television broadcasts when the communication is not "by means of a special instrument for enlarging images" (Article 100). How does Japanese Copyright Law comply with the obligation set up in Article 14.3 of the TRIPS Agreement?

Article 100 of the Japanese Copyright Law grants to broadcasting organizations the exclusive right to communicate to the public their television programmes by means of the device to enlarge the image. Paragraph 6 of Article 14 of the TRIPS Agreement stipulates that any Member may, in relation to the rights of broadcasting organizations conferred under paragraph 3 of the same Article, provide for limitations permitted by the Rome Convention. As Article 13(d) of the Rome Convention stipulates that the domestic law of the state where protection of the right is claimed may determine the conditions under which it may be exercised, the Japanese Copyright Law excludes the communication to the public of television broadcasts by means of a television for home use.