Government To Allow "Fair Use" For Copyrighted Work

[Mulboyne]

Asahi: Government plans "fair use" stipulation for intellectual property
The government will ease its stringent restrictions on using copyrighted literary works, a development that will affect activities ranging from posting personal pictures on websites to developing Internet search engines, sources said. The Intellectual Property Strategy Headquarters, led by Prime Minister Yasuo Fukuda, has decided to make a Japanese version of a U.S. copyright law stipulation that allows for the "fair use" of copyrighted literary works for criticism, analyses, media reporting and research. Japan's decision was made to make it easier for venture companies to start new businesses, such as developing a rival to Google. The government intends to revise the Copyright Law to include a fair use stipulation as early as next year. The current Japanese Copyright Law, in principle, prohibits any copying of other people's literary works or distributing them on the Internet without their permission. Exceptions to the law are copying literary works for personal use at home or for use in schools. The planned stipulation will largely follow the one under the U.S. copyright law, which bases fair use on certain factors, including:

* Whether the use of literary works is intended for commercial benefits; and
* Whether the use of literary works influences the market of those works.

The Japanese stipulation will also contain the condition that the use of other people's literary works must not unfairly hurt the benefits of the copyright holders, the sources said. The current Copyright Law is sweeping in its application. For example, blogs featuring holiday photos of anime characters in amusement parks could constitute a violation of the law. That is because the law does not have an individual stipulation that allows such use. In addition, the posting of parodies based on other people's works could also be considered a violation. Those postings would be legal under the fair use stipulation. Archive services that copy and store information on websites could also become legal under the revised law, allowing companies to start up such businesses, the sources said. The Intellectual Property Strategy Headquarters will agree to consider the fair use stipulation in its "intellectual property promotion plan 2008" next month. After that, a subcommittee on the issue will discuss the issue.