Copyright and Online Learning

In principle, the copyright holder's permission is required to use the copyrighted works of others. 

When preparing lecture materials, you may use other people's copyrighted materials from the Internet or books. In principle, permission from the author or copyright holder is required for use. 

In some cases, educational use is permitted without the copyright holder's permission. 

The Copyright Act contains provisions for the unrestricted use of copyrighted works. One is "Article 35: Reproduction, etc. in Schools and Other Educational Institutions. The use of copyrighted works in classes and synchronous delivery of small joint classes, etc., is permitted, but Article 35 has been revised. 

The revised law will begin on April 28, 2020. 

With the decision to partially amend copyright in 2018, Article 35 of the Copyright Law, which stipulates the use of copyrighted works in educational institutions, will also be amended. One of the amendments is introducing a new system called the "compensation system for public transmission for educational purposes," which will begin on April 28, 2020.
Hokkaido University has submitted a notification of the compensation system for public transmission for educational purposes for the fiscal year 2021. Therefore, as in FY2021, the use of copyrighted works will be allowed within the scope permitted by the system.

The compensation system for public transmission for educational purposes allows educational institutions (boards of education, school corporations, etc.) to notify the designated management organization of their use of the system and pay compensation so that they can transmit copyrighted works via e-mail or upload them to servers without obtaining permission from the copyright holders when using them for educational purposes. The compensation fee is free of charge for FY2020 only. 

Examples of use permitted under the Copyright Law (Article 35) before the amendment of the law　　

・Printed and distributed as lecture materials in face-to-face classes
・Public transmission for small joint classes, etc.
　　→ Teachers and students must be present at both venues (classrooms, etc.)
　　→ Only for synchronous s of uses that are now allowed under the revised law (compensation system)

・Lecture materials and review materials sent via email
・Upload to server
・Transmission of lecture videos and materials for on-demand classes
・Simultaneous delivery classes from a studio with no students

Compensation do not have to be paid for use that was permitted before the amendment of the law

This system is open to some and is subject to specific requirements. Teachers are only permitted to reproduce, transmit, or receive published works "in the course of teaching" to students at educational institutions. 

Target institutions: Schools and other educational institutions (non-profit)

・Universities (as defined by the Ministry of Education, Culture, Sports, Science, and Technology as educational institutions, and other similar institutions)
　* Cram schools, prep schools, training facilities for companies and organizations, etc., are not eligible. 

Eligible persons: Persons in charge of education (teachers, etc.) and persons taking classes (students)

・Teachers and e works: Published works

・All domestic and foreign works are eligible

　* However, textbooks, workbooks, paid journals, etc., which students are required initially to purchase to attend lectures, are not covered. 

Eligible Usage: Usage in the "course of teaching" (to the extent deemed necessary)

・"Courses" include regular lectures and certificate programs.

・The "teaching process" includes student preparation and review.

　* Seminars and information for faculty and staff held as mock classes, FD and SD at universities, and open campuses are not included. 

Covered acts: reproduction, public transmission, public communication

・Allows copying of copyrighted material

・Materials for face-to-face and on-demand classes can be sent via email or external server

・Can present the received material (works)

There are restrictions on the use of this program. 

Unjustly prejudice the interests of the copyright holder

Making the material available for viewing without purchase by the student may constitute an unreasonable prejudice to the interests of the copyright holder. 

Public transmission to an unspecified number of persons

Since the publication of educational materials on OCWs, MOOCs, and websites accessible to the general public other than students do not fall under the "process of teaching," an application for permission is required when using the works of others. 

Usage that overrides the terms of use outlined in commercial DVDs, etc., or by the copyright holder

As there are no specific policies published in the operational guidelines provided by SARTRAS regarding copying or public transmission use of copyrighted works with access restrictions (e.g., commercially available DVDs), or use that overrides the terms of use stipulated by the copyright holder. Therefore, it is currently necessary to contact the copyright holder.

Check to see if you are eligible for the compensation program

It is necessary to confirm that the lectures to be given and the teaching materials to be produced meet the requirements of the compensation system (e.g., whether one's lectures are "classes" as defined by the compensation system). 

Indicate the source

The source information must be included to distribute compensation to copyright holders properly. 

Check Terms of Use

Since the compensation system does not cover all terms and conditions, it is essential to use the system in the manner prescribed by the copyright holder. 

Minimize the use of the system to the minimum necessary

For example. Using an entire book (or a similar amount) may constitute an unreasonably prejudicial to the interests of the copyright holder.

★Please click here for frequently asked questions about the compensation system.

This document summarizes the use of copyrighted materials and copyright treatment when creating an online class and other online teaching materials.

★Creating Teaching Materials (Copyright) - Online Classes and Copyright - (Published June 2021)
This section provides tips for conducting a class and producing online materials using the compensation system.

★Creating Teaching Materials (Copyright) - Teaching materials (lecture materials) and copyrights for public access on the Internet - (Published June 2021)
This section introduces critical points for the use of copyrighted materials outside of classes (seminars, etc.) that are not covered by the compensation system and for the production of educational materials to be made available on the Internet (OCW, MOOC, etc.), as well as OEC's support for handling copyrights.

Reference Links

• Society for the Administration of Compensation for Public Transmissions for Educational Purposes (SARTRAS) Website

https://sartras.or.jp

• Guideline for Application of Article 35 of the Revised Copyright Act (FY2021 version) (SARTRAS website)

https://sartras.or.jp/wp-content/uploads/unyoshishin_20201221.pdf

• Copyright Law Articles (Copyright Information Center)

https://www.cric.or.jp/db/domestic/a1_index.html

• Cases in which copyrighted works can be used freely (Agency for Cultural Affairs)

https://www.bunka.go.jp/seisaku/chosakuken/seidokaisetsu/gaiyo/chosakubutsu_jiyu.html

• Act for Partial Revision of the Copyright Act: Comparative Table of Old and New Laws (Agency for Cultural Affairs)

https://www.bunka.go.jp/seisaku/chosakuken/hokaisei/h30_hokaisei/pdf/r1406693_04.pdf