The global voice for consumers La voix des Consommateurs à travers le monde La voz global para la defensa de los consumidores

Country report for Japan for CI Regional Meeting on A2K Michelle Tan Board Director, NCOS 19 February 2009

Summary of issues of concern to consumers in Japan Cost and availability of learning materials –The Agency for Cultural Affairs runs “Copyright Seminars” aimed at deepening understanding of basic copyright and thereby increasing knowledge and awareness of copyright. –The Agency also distributes a publication, “Textbook on Copyright” which can be downloaded from the internet. Use of copyright material by libraries –Section 31 of the Copyright Act allows copying without permission as an exception, subject to the following conditions. 1.It is for individual use for the purposes of research or investigation 2. Only one part of the copyright work is copied (interpreted to mean less than half 3. In the case of regularly published materials, a reasonable length of time has passed since publication 4. Only one copy per person is made 5. The copying is not for the purpose of re-copying or distribution – coding and DRM – Restrictions on copying for personal use – 政令（著作権法施行令）で定めるデジタル方式の録音録画機器・媒体を用いてコピーする場合 には，著作権者に「補償金」を支払う必要がありますが，これらの機器・媒体については，販 売価格に「補償金」があらかじめ上乗せされていますので，利用者が改めて「補償金」を支払 う必要はありません。 – Availability of local content – Needs fulfilled by black or grey markets

Summary of issues of concern to consumers in Japan Locks on access such as region coding and DRM The region code on DVD players and DVD drives sold domestically is “2.” Discs sold domestically are to be region code “2” or “ALL.” There are examples of DRM in DVD, music downloads, digital TV etc. Restrictions on Copying for Personal Use – According to the Copyright Act regulations copying using a machine/ medium for the purposes of recording sound or picture requires a fee to be paid. However, this fee is contained in the purchase price of the machine and therefore the user is not required to pay.

Summary of issues of concern to consumers in Japan Availability of local content – Available Needs fulfilled by black or grey markets – There exists to some extent DVD piracy and P2P file conversion, however, the authorities (police etc) are increasingly taking more action based on investigations.

Japan’s intellectual property regime Which IP conventions has your country signed? –Main ones are: –Paris Convention for the Protection of Industrial PropertyParis Convention for the Protection of Industrial Property –Patent Cooperation Treaty (PCT)Patent Cooperation Treaty (PCT) –Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement)Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement) –Protocol Relating to the Madrid Agreement Concerning the International Registration of MarksProtocol Relating to the Madrid Agreement Concerning the International Registration of Marks –Berne Convention for the Protection of Literary and Artistic WorksBerne Convention for the Protection of Literary and Artistic Works

Japan’s intellectual property regime Are there any bilateral trade agreements on IP? –No, but there are some Economic Co-operation treaties. –Please refer to: Is your country listed in the US 301 Watch List?301 Watch List –No Is there much awareness of IP alternatives such as open source and Creative Commons licensing? –Use of open source is being positively encouraged. –Creative Commons Japan is engaged in spreading the use of licenses.

Other communications rights in Japan l Are blogs or monitored or censored? – There are private services available which provide surveillance for: blogs, mobile phone sites, picture, notice boards, SNS, formal mobile sites, web/ mobile communities, and other net patrol services. Is Internet access filtered (and if so how?) – Filtering software or services by providers are available to protect children from harmful sites. Is “net neutrality” an issue in your country? – It is discussed on the internet but not in any official forums.

Other communications rights in Japan What privacy and data protection laws exist? – There is an act to protect information held by government agencies (enacted in 1988 and revised in – An act to protect information by private organizations was enacted in 2003 and came into effect in To what extent does government policy favour software interoperability and open standards? – Japanese government has been looking at open source since the latter half of – Since then it has been referred to may times. The big IT vendors advocate LINUX support.

Access to the Internet in Japan Penetration of broadband, fixed-line and mobile Internet services (see this Web site for statistics)this Web site – Not sure how to respond, but these are all well developed Laws or policies that impact on Internet access – Not sure what information in required.

Access to the Internet in Japan Notable deficits in infrastructure, skills or content – Not sure what information is required. Affordability and accessibility issues – In general internet access is quite cheap, and there are many access plans available. – In many hotels, internet access is free of charge.

Michelle Tan Board Director, NCOS