Government Panel Approves Japan “Fair Use” on Unauthorized Copyright Use

TOKYO — The increasingly rapid distribution of copyrighted software via high-speed telecom and air wave networks is making Japan’s copyright law outdated, prompting calls to overhaul legislation to introduce Japan’s own “fair use” provision, allowing the unauthorized use of copyrighted materials inasmuch as it can be deemed acceptable by social common sense, a Japanese government commission concluded on December 13.

The Agency of Cultural Affairs’ Legal System Subcommittee, comprising mostly of academic representatives but essentially administered by agency bureaucrats, has been meeting since early 2010 to discuss the proposed provision. The panel will release a final report in January 2011, ...