Points to keep in mind when using copyrighted works in online classes
Released on May 8th, 2020
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Article 35 of the Copyright Act, which was revised in 2018, stipulates that a person who teaches a lesson, and those who receive the lesson, in a school or other educational institutions may, if and to the extent deemed necessary for use in the course of the lesson, reproduce a work already made public without permission and without charge; provided, however, that the foregoing shall not apply in the case where such reproduction is likely to unreasonably prejudice the interests of the copyright holder in light of the type and the usage of the work as well as the number of copies and the manner of reproduction.
In addition, it is permitted to make public transimission of copyrighted works without permission or free of charge or to pay compensation for public transmission (public transmission for the purpose of teaching) and to transmit it to the public without permission and free of charge within the range deemed necessary for use in the course of the lesson.
It is stipulated that the compensation for public transmission will be paid by the institution that establishs the educational institution.
It is important to note that when using a copyrighted work in online classes without permission and free of charge, it should be done so as not to harm the interests of the copyright holder.
In addition, according to Article 32 of the Copyright Act, it is permissible to quote from copyrighted work already made public, provided that such quotation is compatible with fair practice and to the extent justified by the purpose of the quotation.
【Public Transmission Compensation System for Teaching Purpose】
The "Public Transmission Compensation System for Teaching Purpose", which was established with the revision of the Copyright in 2018, has been implemented from April 28, 2020. If we pay a compensation, we may use copyrighted material in online classes without permission of the copyright holder. Compensation fee is exempted as a special case for the 2020 academic year. If you have concerns about the handling of copyrights, please contact the Society for the Administration of Remuneration for Public Transmission for School Lessons (SARTRAS).
In addition, it is illegal for students to share unpublished PDF texts created by the faculty for classes or the recordings of Zoom lectures on SNS or redistribute them to the public without permission of the copyright holder. In some cases, the mishandling of information may lead to lawsuits, etc. It is necessary to draw students’ attention to these consequences in your classes.
【Reference】(in Japanese)
【Quotation】
According to Article 32 of the Copyright Act, by satisfying all of the following conditions, you can quote and use copyrighted works without permission of the copyright holder.
the work must has been published
the work must has been quoted consistent with fair practices and within a scope that is justified for the purpose of place in which the work is quoted.
Make sure that your work is distinct from the quoted part, such as by using angle brackets.
The master-servant relationship between your own work and the quoted work is clear
The source is clearly stated
Do not modify the work
【The Term of Protection】
According to Article 51 of the Copyright Act, the duration of copyright begins at the time the work is created and a copyright subsists for a period of 70 years after the death of the author (or the death of the last surviving co-author, for a joint work).
In addtition, accroding to Article 52 of the Copyright Act, the copyright to an anonymous or pseudonymous work subsists for a period of 70 years after the work is made public; provided, however, that if, before the expiration of a duration of copyright for an anonymous or pseudonymous work, it is found that 70 years have elapsed since the death of the author of that work, the copyright is deemed to have expired at the time that is found to constitute the expiration of 70 years since the death of the author, also, the copyright to a work whose authorship is attributed to a corporation or other organization subsists for a period of 70 years after the work is made public.
Besides, the copyright to a cinematographic work subsists for 70 years after the work is made public.